Regulatory Updates

A collection of 90 posts
Overview of Japan’s economic-security laws: ESPA pillars, 1 % FDI screen, export controls and data-flow strategy for global tech firms
Regulatory Updates

Economic-Security Rules in Japan: How U.S. Tech Firms Can Navigate ESPA, FDI Screening and Data Controls

TL;DR * Japan’s new Economic Security Promotion Act (ESPA) and a tougher 1 % FDI-screening threshold signal a more interventionist stance on critical technology, supply chains and data. * Export controls, patent-secrecy orders and data-governance rules now intertwine with national-security goals, raising compliance stakes for foreign tech investors and partners. Table
8 min read
Slide summarizing Japan’s 2024 CGS Guideline overhaul—board-executive synergy, capital-market expertise, CEO succession planning, offensive governance and human-capital incentives.
Corporate Governance

Strengthening Governance in Japan: Key Takeaways from the Revised CGS Guidelines

TL;DR Japan’s revised METI “CGS Guidelines” shift corporate-governance focus from box-ticking to long-term value creation. Boards must actively supervise strategy, CEO succession and capital allocation while supporting empowered CXO teams. Key updates emphasise preventing “risk of inaction,” bringing in finance-savvy outside directors, evaluating director effectiveness and expanding stock-based
6 min read
Slide summarizing Japan’s 2025 secured-transactions reform—registration priority rule, codified jōto tanpo, pooled-asset collateral, and lender compliance checklist.
Banking & Finance

Japan’s 2025 Secured-Transactions Reform: Key Changes and Business Implications

TL;DR Japan is preparing sweeping secured-transactions reforms covering security interests in movable assets, receivables and even entire business undertakings. Expected statutes will codify case-law devices such as jōto tanpo, introduce a registration-priority rule, clarify private enforcement, and improve asset-based-lending (ABL) opportunities. Companies and lenders must update collateral documentation, enhance
8 min read
Slide summarizing Japan’s two-stage collective consumer redress process after the 2023 amendments—key stages, SQCO roles, expanded damages, and business compliance pointers.
Consumer Protection

Collective Consumer Redress in Japan (2023 Amendments): How the Two-Stage System Impacts Businesses

TL;DR Japan’s collective consumer redress system is a two-stage, opt-in mechanism run by government-certified consumer organizations. The 2023 amendments widen claim scope (including non-pecuniary damages), broaden defendant categories, lengthen deadlines and create support bodies—making lawsuits more feasible. Businesses should tighten consumer-law compliance, prepare for early data preservation
10 min read
Flowchart summarising Keihyōhō compliance for online ads: advertiser liability, affiliate monitoring loop, mandatory #AD/#PR disclosure, and stealth-marketing prohibition effective Oct 2023.
Consumer Protection

Digital Deception or Fair Play? Applying Japan's Premiums and Representations Act to Online Advertising

TL;DR * Japan’s Act against Unjustifiable Premiums and Misleading Representations (Keihyōhō) applies fully to online ads; there is no “digital carve-out.” * Advertisers are liable for affiliate and influencer claims; 2022 guidelines mandate contracts, monitoring and swift takedowns. * As of Oct 2023, undisclosed “stealth marketing” is expressly prohibited: ads must
9 min read
Infographic showing the Keihyōhō commitment procedure flow
Consumer Protection

A New Path for Resolution: Understanding Commitment Procedures under Japan's Revised Premiums and Representations Act

TL;DR * Japan’s 2023 amendments to the Act against Unjustifiable Premiums and Misleading Representations (Keihyōhō) introduced a commitment procedure (effective 1 Oct 2024) that lets companies avoid cease-and-desist and surcharge orders if the Consumer Affairs Agency certifies their remedial plan. * Eligibility is limited; egregious or repeat cases are excluded,
8 min read
Slide summarising Japan’s 2023 Supreme Court METI transgender restroom case: facts, dignity-first reasoning, employer duty of care and compliance checklist for inclusive policies.
Labor & Employment Law

A Landmark Ruling for Transgender Rights in Japan: The METI Restroom Access Case and Employer Obligations

TL;DR * Japan’s Supreme Court (11 Jul 2023) held that forcing a transgender METI employee to use distant restrooms was an unlawful abuse of discretion, stressing dignity and concrete evidence over abstract “discomfort.” * Employers’ general duty to maintain a safe, non-discriminatory workplace now clearly covers gender-identity accommodation; blanket bans
8 min read
Slide depicting Japan’s squeeze-out toolbox, Kyoto 2021 case timeline, “grossly unfair” challenge path and best-practice safeguards for controlling shareholders.
Corporate Governance

Minority Shareholder Squeeze-Outs in Japan: Navigating Fairness, Procedure, and Legal Challenges

TL;DR * Japan offers four statutory paths to squeeze-out minority shareholders; the most common is “Class Shares Subject to Call.” * Kyoto District Court (Jan 29 2021) upheld a conflicted squeeze-out, signalling a formalistic reading of “grossly unfair” and heavy reliance on post-deal price appraisal. * Minority investors face high hurdles contesting
10 min read
Slide comparing compensation for regular, fixed-term and post-retirement workers in Japan: Supreme Court factors, 2023 Nagoya case takeaways and employer compliance checklist.
Labor & Employment Law

Hiring in Japan: Fixed-Term & Post-Retirement Workers—Avoiding “Unreasonable Disparity” Claims

TL;DR * Japan’s Part-Time & Fixed-Term Employment Act bars “unreasonable disparities” in pay and benefits versus comparable regular staff. * Supreme Court precedent (Nagasawa 2018; Nagoya Driving School 2023) shows courts will dissect each pay component and negotiation history—simple percentage cuts post-retirement are risky. * Employers must document duty differences,
10 min read