Kroll Ontrack, one of the largest e-discovery service providers in the U.S., held its first seminar in Nagoya.

Japanese companies developing international businesses are faced with an array of unavoidable business risks such as official investigations under the Foreign Corrupt Practices Act (FCPA), and antitrust laws etc; M&A and civil litigation; as well as internal improprieties such as information leaks. Yet the reality is that there are huge disparities among Japanese companies in their understanding of these risks and the measures to counteract them. If we compare those companies that prepare for these risks as a matter of course and those that do not, their operations are very different right from the outset and, in the unlikely event of a case going to court, there are significant differences in litigation costs. This seminar provided effective and specific information on this kind of global business risk.

Program 1: Matters to be aware of when dealing with foreign authorities (focus on the U.S.)

Mr. Kaku Hirao, Attorney-at-Law, Counsel - Nishimura Asahi Law Firm

There are a never-ending number of cases in which Japanese companies become subject to investigation by overseas judicial and enforcement authorities, particularly U.S. judicial authorities. Criminal proceedings in overseas countries, including the U.S., are very different from those in Japan and there is a risk of incurring serious damages once matters have been addressed in the wrong way. Based on the topic of cartels and the FCPA, Mr. Hirao - Attorney-at-Law at Nishimura & Asahi Law Firm, explained the points to be aware of when dealing with overseas authorities, particularly the U.S. judicial authorities.

Program 2: Preparing for Global Business Risks

Mr. Kazuma Yoshioka, Account Manager - Kroll Ontrack

There are a wide range of risks outside of Japan that need to be considered by Japanese companies doing business overseas. Outcomes can vary significantly, depending on whether or not you have the knowledge and information to deal with risks such as official investigations under the FCPA and antitrust laws etc., or overseas litigation and arbitration concerning internal improprieties such as information leaks. This program provided useful information, including the latest information from the U.S. and Europe, on how to prepare for, and handle, these risks.

Program 3 Importance of economic evidence in dealing with cartel investigations carried out by the authorities and civil litigation in the U.S.

Hiroaki Ishigaki, Senior Managing Director - NERA

In the U.S., if the authorities discover a cartel violation, not only will fines and criminal penalties be imposed, but there is also the risk that a huge amount of damages will be claimed subsequently in civil lawsuits. In investigations conducted by the authorities and in civil lawsuits for damages, economic evidence plays a key role in determining fines and criminal penalties, as well as identifying the amount of damages. Mr. Ishigaki of NERA gave a summary of U.S. cartel regulations and recent trends in this area and, using the auto-parts cartel case as reference, he explained the role of economic evidence and the importance of its preservation.

*Speaker affiliations and titles are current as of the time of the lecture