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Recently, public scrutiny of corporate misconduct has heightened more than ever before. A single incident of such misconduct could make a material impact on a business company, which might threaten its existence itself. Therefore, when a corporate misconduct is revealed, what matters most for minimizing the risk of damage to the company and its reputation are to take “right” initial actions, to instantly and correctly investigate and comprehend the facts surrounding the incident and to swiftly take flexible measures.
Corporate misdoings widely vary in type from white-collar crimes (e.g. embezzlement, fraud and breach of trust) to cartel/ bid-riggings, to bribery to public officials, to accounting fraud such as window-dressing settlement or to insider trading. The list also extends to include breach of financial regulations, information leaks, quality-related misconducts, false labeling of products and foods and violation of labor laws. Obviously, in order to properly and adequately address such issues, a thorough knowledge of related laws and regulations as well as understanding of cross-cutting information covering such as accounting and tax matters, and above all, accumulated practical experiences are needed. Some of our attorneys have worked at government agencies (e.g. the Public Prosecutor’s Office, the Financial Services Agency and the National Tax Agency), while others have expertise and abundant experience in this area. In case of corporate wrongdoing, we work as a team to provide appropriate advice and take measures in collaboration with outside professionals such as accountants and tax attorneys in terms of first responses to the matter, internal and independent third-party investigations, dealing and negotiating with administrative authorities, public relation matters and developing steps to prevent recurrence of the misconduct.
Quite a few misconduct cases have triggered a lawsuit from shareholders pursuing liabilities of the company officers. We have represented the defendant companies or their officers and directors in a number of high-profile litigation in this regard: New York Daiwa Bank, Kobe Steel, Duskin and Sumitomo Metal Industries shareholder lawsuits. Based on a solid track record of experience in practice, we are fully confident to offer our clients strategic and comprehensive advice and solutions taking into account the foreseeable future developments of corporate misdoings.