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Nagashima Ohno & Tsunematsu is the first integrated full-service law firm in Japan and one of the foremost providers of international and commercial…
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Nagashima Ohno & Tsunematsu | Japan | 7 Jun 2021

Underwriters' liability for false statements made in IPO

In December 2020 the Supreme Court handed down a decision in relation to certain obligations of lead underwriters and bookrunners in an initial public offering (IPO). Although the underlying facts related to an IPO, the judgment also applies to underwriters involved in the submission of a securities registration statement and there are useful takeaways for any company faced with investigating......
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Nagashima Ohno & Tsunematsu | Japan | 14 Apr 2021

Extension of wage claim limitation period under Labour Standards Act

In April 2020 the Act on Partial Amendment of the Labour Standards Act entered into force, extending the wage claim limitation period. Employers currently incurring a future liability of unpaid wage claims should take steps to improve their operations in order to prevent the possibility of an increase in the amount of unpaid wage claims after April 2022.
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Nagashima Ohno & Tsunematsu | Japan | 9 Apr 2021

Data protection regulation amendments: new information categories and data subject rights

In 2020 the Diet promulgated the Amendment Act of the Act on the Protection of Personal Information, which will come into force by June 2022. Further proposed amendments have recently been published which introduce new service provisions and information categories and strengthen the rights of data subjects. This article outlines the new provisions and information categories that the......
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Nagashima Ohno & Tsunematsu | Japan | 7 Apr 2021

Equal pay for equal work: differences in working conditions between fixed-term and indefinite-term employees

Amendments to the Part-Time and Fixed-Term Employment Act recently entered into force, aiming to achieve equal pay for equal work. As such, employers cannot create differences in base salary, bonuses and other treatments between part-time and fixed-term employees (so-called 'irregular employees') and non-fixed-term employees (so-called 'regular employees') in light of duties, the level of......
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Nagashima Ohno & Tsunematsu | Japan | 2 Apr 2021

Data protection regulation amendments: cross-border transfers

In 2020 the Diet promulgated the Amendment Act of the Act on the Protection of Personal Information, which will come into force by June 2022. Further proposed amendments have recently been published, which introduce various new requirements with which businesses must comply when transferring personal data to overseas third parties. This article discusses the effects that the amendments will......
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Nagashima Ohno & Tsunematsu | Japan | 26 Mar 2021

Data protection regulation amendments: new matters to be disclosed

In 2020 the Diet promulgated the Amendment Act of the Act on the Protection of Personal Information, which will come into force by June 2022. Further proposed amendments have recently been published, which introduce various new matters that businesses must disclose to data subjects. This article discusses the effects that the amendments will have on business practices in this regard.
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Nagashima Ohno & Tsunematsu | Japan | 19 Mar 2021

Data protection regulation amendments: data breach reporting and notification obligations

In 2020 the Diet promulgated the Amendment Act of the Act on the Protection of Personal Information, which will come into force by June 2022. Further proposed amendments have recently been published. This article outlines the effect that these proposed amendments will have on businesses' reporting and notification obligations where data breaches occur.
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Nagashima Ohno & Tsunematsu | Japan | 14 Dec 2020

Whistleblowing certification regime – update

Following a number of significant public scandals which stemmed from regulatory and compliance failures, the Consumer Affairs Agency launched an investigation which ultimately led to the creation of the whistleblowing compliance management system, a certification regime for corporate whistleblowing systems. This article provides an overview of the regime and analyses the success of the......
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Nagashima Ohno & Tsunematsu | Japan | 14 Oct 2020

Amendments to Child Care and Family Care Leave Act

At present, employees can take a half-day to care for a sick or injured child or family member. In order to allow employees to take such care-related leave more flexibly, the Child Care and Family Care Leave Act has been amended, effective as of 1 January 2021, to allow employees to take such time off on an hourly basis. Employers must ensure that the relevant rules of employment are amended......
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Nagashima Ohno & Tsunematsu | Japan | 14 Sep 2020

Court rules in Japan's first plea bargaining case

The plea bargaining system, which came into effect in 2018, allows suspects and defendants to enter into negotiations with prosecutors whereby evidence of others' criminal conduct can be provided in return for criminal charges being reduced or dropped. This article examines Japan's first bribery conviction involving plea bargaining, which has been successfully appealed to the Tokyo High......
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