The NO&T Podcast - EN

Scrutiny from regulators outside Japan: Challenges for Japanese companiesCompartmentalisation and siloed thinking are common in many companies. When employees rigidly adhere to reporting lines and organisational structures, it can lead to dysfunctional reporting of compliance issues or misconduct. Decisions are then made withlimited, or even incorrect, information.  What risks do compartmentalisation and siloed thinking create for Japanese companies responding to investigations by regulators outside Japan?  Sources: Yoshimura, T., & Anderson, E. (2000). Inside the Kaisha: Demystifying Japanese Business Culture. Business Week Books Speakers: ⁠⁠John Lane⁠⁠, ⁠⁠Peter Bungate⁠⁠, ⁠⁠Nina NewcombeYou can find the slides for this episode at: https://www.nagashima.com/en/seminars/seminar20260407-1/.Featured topics page: ⁠⁠https://www.nagashima.com/eng/lp/overseas_regulatory_scrutiny/

Scrutiny from regulators outside Japan: Challenges for Japanese companiesMany Japanese companies transfer their employees to new roles every two to three years.  These transfers can be to other departments or subsidiaries, either in Japan or overseas.  These rotations are not typically tied to expertise and, as a result, can perpetuate issues such as dysfunctional reporting and loss of organisational memory.  What risks do rotational staffing policies create and how can these transfers impact Japanese companies facing regulatory investigations abroad?Speakers: ⁠⁠John Lane⁠⁠, ⁠⁠⁠⁠Nina Newcombe⁠⁠, ⁠⁠Anup Bharadwaj⁠You can find the slides for this episode at:　https://www.nagashima.com/seminars/seminar20260324-1/.Featured topics page: ⁠⁠https://www.nagashima.com/eng/lp/overseas_regulatory_scrutiny/

Scrutiny from regulators outside Japan: Challenges for Japanese companiesPromotions of employees at Japanese companies are primarily based on the relevant employee’s length of service at the company. Performance-based factors are not irrelevant, but they are of secondary importance. As a result, companies sometimes have employees in senior positions who lack all the skills that the position demands. Why do Japanese companies promote employees mainly based on length of service and what risks does this create when a Japanese company is involved in a legal dispute or investigation outside Japan?Speakers: ⁠⁠John Lane⁠⁠, ⁠⁠Akiko Inoue⁠⁠, ⁠⁠Anup BharadwajYou can find the slides for this episode at: https://www.nagashima.com/en/seminars/seminar20260310-1/.Featured topics page: ⁠⁠https://www.nagashima.com/eng/lp/overseas_regulatory_scrutiny/

Scrutiny from regulators outside Japan: Challenges for Japanese companiesIn-house legal departments at Japanese companies are often not staffed by qualified lawyers. This can make it difficult for in-house Legal to convince others to address legal risks that materialize.Why are in-house legal departments at Japanese companies often not staffed by qualified lawyers, and what risks does this create?Speakers: ⁠⁠John Lane⁠⁠, ⁠⁠Peter Bungate⁠⁠, ⁠⁠Nina Newcombe⁠⁠, ⁠⁠Anup BharadwajYou can find the slides for this episode at:　⁠https://www.nagashima.com/en/seminars/seminar20260224-1/.Featured topics page: ⁠⁠https://www.nagashima.com/eng/lp/overseas_regulatory_scrutiny/

Scrutiny from regulators outside Japan: Challenges for Japanese companiesHistorically, Japanese companies have saved money by having small Legal and Compliance functions compared to their peers outside Japan.  That makes sense when your company is highly unlikely to find itself involved in regulatory enforcement action and ultimately liable for significant fines and penalties. Does having a small Legal and Compliance function at headquarters in Japan still make sense when your business becomes more exposed to regulatory and litigation risks in the rest of the world?Speakers: ⁠John Lane⁠, ⁠Atsushi Yamashita, Peter BungateYou can find the slides for this episode at:　https://www.nagashima.com/en/seminars/seminar20260210-1/.Featured topics page: ⁠⁠https://www.nagashima.com/eng/lp/overseas_regulatory_scrutiny/

Scrutiny from regulators outside Japan: Challenges for Japanese companiesThis episode discusses the assumptions and caveats to keep in mind when listening to this podcast series on ‘Scrutiny from regulators outside Japan: Challenges for Japanese companies’.Speakers: ⁠John Lane⁠, ⁠Peter Bungate⁠, ⁠Nina Newcombe⁠, ⁠Anup BharadwajFeatured topics page: ⁠https://www.nagashima.com/eng/lp/overseas_regulatory_scrutiny/

Scrutiny from regulators outside Japan: Challenges for Japanese companiesThere are three cultural themes that consistently influence the way that Japanese companies interact with the outside world: (i) form over function, (ii) group over individual, and (iii) harmony.These themes are not the main topics of this series, but they are constant threads that run throughout each episode.  Understanding these themes is essential for grasping the challenges faced by Japanese companies when dealing with scrutiny from regulators and litigants outside Japan.Sources: Yoshimura, T., & Anderson, E. (2000). Insidethe Kaisha: Demystifying Japanese Business Culture. Business Week BooksSpeakers: John Lane, Peter Bungate, Nina Newcombe, Anup BharadwajFeatured topics page: ⁠https://www.nagashima.com/eng/lp/overseas_regulatory_scrutiny/

Scrutiny from regulators outside Japan: Challenges for Japanese companiesAs the domestic market shrinks and more Japanese companies look outside Japan to increase revenue, they expose themselves to increased legal and regulatory risk.John Lane, Peter Bungate, Nina Newcombe and Anup Bharadwaj are lawyers at Nagashima Ohno & Tsunematsu in Tokyo.  Join them as they invite their colleagues to discuss some of the difficulties that Japanese companies face when internal misconduct is discovered and foreign stakeholders start asking difficult questions. This series aims to provide Japanese companies with greater awareness to better manage their cross-border regulatory and litigation risk.  For non-Japanese listeners, the series will unlock some of the puzzling, and seemingly irrational, decisions by Japanese companies which can lead to breaches of laws and regulations, and poor handling of the fallout.Episode 1 provides a high-level overview of each of the 21 episodes in the series.You can find the slides for this episode at:　https://www.nagashima.com/en/seminars/seminar20260120-1/.Featured topics page: https://www.nagashima.com/eng/lp/overseas_regulatory_scrutiny/

Ayumi Fukuhara provides a high-level overview of the recent developments in human rights due diligence (HRDD), particularly the key notes of the HRDD guidelines, established by the Japanese government in September 2022. *This podcast was recorded on February 12, 2024. NO&T Newsletter https://www.noandt.com/en/publications/publication20220927-1/

We discuss the reform of Thailand’s rules on advertisement based on the guidelines on the use and proof of advertisements in regard to affirming facts which are difficult to prove under the newly enacted Notification of Advertisement Committee. This episode will guide you to these guidelines that set out requirements which business operators or advertisers need to comply with when making advertisement for the purpose of consumers’ benefit protection. (Speakers: Yothin Intaraprasong, Poonyisa Sornchangwat, Kwanchanok Jantakram) *This podcast was recorded on March 28, 2023. NO&T Newsletter https://www.noandt.com/en/publications/publication20230327-1/

This episode covers the essentials of the employment contract such as minimum contents as well as recommendable provisions around working time, work place, vacation days and term and termination. It also sheds some light on the relation between employment contract and work rules. (Speakers: Eriko Ogata, Axel Kuhlmann) *This podcast was recorded on December 13, 2022.

In this episode, we will discuss the substantial changes to the Civil and Commercial Code.  The discussion will get into details of how newly amended Civil and Commercial Code will facilitate entrepreneurs and companies in doing business in Thailand and an introduction of a new business consolidation scheme. (Speakers: Yothin Intaraprasong, Ponpun Krataykhwan, Kwanchanok Jantakram) *This podcast was recorded on November 21, 2022. NO&T Newsletter https://www.noandt.com/en/publications/publication20221017-1/

In Part 1 of the series, "Challenges faced by some Japanese companies when responding to overseas regulatory investigations", Ayumi Fukuhara and John Lane explore how a single-minded focus on customer satisfaction can be used as an inappropriate justification for non-compliance with laws and regulations, and what companies can do to mitigate this risk. *This podcast was recorded on July 12, 2022.

Kensuke Suzuki and John Lane give a high-level overview of the significant monetary incentives for companies to self-disclose historic misconduct to regulators outside Japan and discuss whether the same incentives to self-disclose exist in Japan. *This podcast was recorded on June 14, 2022.