Government Investigations and Crisis Management

Advertising and marketing regulations

When companies conduct advertising and marketing, they must comply with various laws and regulations, including the Act against Unjustifiable Premiums and Misleading Representations, Act on Securing Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices, the Act on Specified Commercial Transactions, Consumer Contract Act and the Unfair Competition Prevention Act. Based on our broad expertise and vast experience in advertising and marketing regulations, AMT’s lawyers support clients in dealing with regulators’ investigations, injunction claims and a Japanese-version of class actions filed by consumer groups. We also provide services of vetting advertisements and displays from a business perspective and suggesting alternative expressions.

INSIGHTS

PROFESSIONALS

Kazuhilo Kikawa
KazuhiloKikawa
Tokyo
Partner
Tokyo

Partner

Contact
Utilizing his twelve years of experience in the Ministry of Justice and the Prosecutors' Office, Mr. Kikawa represents domestic and foreign clients in administrative and criminal investigations by various enforcement agencies, and in complex commercial, administrative, and consumer disputes. He also has extensive experience in advising on internal investigations into legal violations and corporate scandals, and on compliance with applicable laws and regulations. Although his range of legal practice is broad, he has particular expertise in the following areas. 【Advertising and marketing regulations】 Mr. Kikawa advises clients on advertising and marketing regulations, including matters governed by the Misleading Representation Act, the Pharmaceutical Advertising Regulations, the Medical Advertising Regulations, and the Mail Order Sales Regulations under the Specified Commercial Transactions Act. He provides legal services at various stages, from preventive advice to defense against administrative investigations. 【Healthcare-related regulations and medical disputes】 Mr. Kikawa provides comprehensive legal advice on matters governed by medical, pharmaceutical, and healthcare laws and regulations, including the Medical Care Act, the Medical Practitioners’ Act, and the Pharmaceuticals and Medical Devices Act. He also represents medical institutions and medical professionals in disputes arising in the healthcare field, drawing on his experience as Chief Prosecutor for Medical Affairs at the Tokyo Prosecutors' Office. 【Immigration】 Drawing on his experience at the Ministry of Justice, where he drafted the amendments to the 2009 immigration reform, Mr. Kikawa offers reliable legal advice on visas and immigration matters and represents clients in immigration cases. 【Criminal law】 Mr. Kikawa advises clients on a wide range of criminal matters, including bribery, gambling, immigration and extradition matters. He also represents victims in filing criminal complaints and seeking criminal remedies in cases involving fraud, embezzlement, breach of trust, and misappropriation of trade secrets. 【Administrative investigation defense】 Mr. Kikawa defends clients against administrative investigations by enforcement agencies under various laws and regulations. He focuses on defense strategies aimed at avoiding the imposition of serious administrative sanctions, such as revocation of business licenses, suspension of operations, cease and desist orders or monetary penalties. These defenses are implemented during voluntary inquiries, written representations, in-person hearings, and preliminary injunction proceedings. 【Internal investigations】 Mr. Kikawa conducts internal investigations into legal violations and corporate scandals. He brings extensive experience investigating corporate crimes, including embezzlement and breach of trust, as well as handling incidents related to product quality and safety.
Hitoshi Ishihara
HitoshiIshihara
Tokyo
Partner
Tokyo

Partner

Contact
Hitoshi Ishihara provides a variety of legal services to various international and foreign-affiliated clients establishing and doing business in Japan, with an exceptional focus on cross-border business negotiation, dispute resolution, M&A, international trade, and corporate/commercial matters (including advice concerning corporate governance, compliance, JV management, and internal investigations). His distinctive English skill, backed by over seven years experience in the United States, enables him to effectively bridge the linguistic and cultural gap faced by his clients. Mr. Ishihara also provides pertinent and timely advice that matches the needs of clients expanding overseas, utilizing his rich experience in negotiating and coordinating with clients and counterparts not only from the United States and EU countries, but also in various other jurisdictions including those counties in Asia, Middle East, South America, and Eastern Europe. In the intellectual property field, Mr. Ishihara has extensive experience in IP licensing and transactions and also provides advice on regulatory issues especially in the entertainment field, with an exceptional focus in the field of sports, being only one of the two recommended Japanese lawyers in the field of Sports & Gaming by Lexology, being quoted "Hitoshi Ishihara does not cease to impress market commentators in Japan and abroad with his sports and entertainment practice, with one praising him as "an amazing lawyer - a true number one in the country"." Mr. Ishihara also has extensive focus and knowledge concerning the Japanese casino and gaming laws including the Japanese Integrated Resort (IR) Act, providing advice concerning the Japanese gaming regulations to various operators, suppliers, affiliate marketers, platformers, publishers, foreign law firms, state agencies, and various other stake holders. Mr. Ishihara is the only Japanese attorney-at-law who is admitted as a member of the International Masters of Gaming Law (IMGL), which is a non-profit association of gaming attorneys, regulators, educators, executives and consultants from around the world who are dedicated to education and the exchange of professional information and advice. Mr. Ishihara is quoted by Chambers as "Hitoshi Ishihara's extensive knowledge and experience, as well as his willingness to work closely with clients, make him a very trustworthy lawyer." and has been named "Gaming Lawyer of the Year in Japan" by various publications, such as Acquisition International Magazine, Corporate Intl Magazine, and Global Law Experts Magazine.
Yuanyuan Miao
YuanyuanMiao
Shanghai
Special Counsel
Shanghai

Special Counsel

Contact
Yuanyuan Miao is a special counsel handling a wide range of cross-border corporate legal matters, providing support by leveraging her experience in various legal fields, including corporate governance, labor issues, and regulatory compliance for Japanese companies entering the Chinese market and Chinese companies expanding into Japan.
Junichi Kondo
JunichiKondo
Tokyo
Partner
Tokyo

Partner

Contact
Junichi Kondo is a partner at Anderson Mori & Tomotsune and is engaged principally in the fields of general corporate matters with an emphasis on M&A, joint venture and other corporate transactions including M&A-related financing. His scope of experience also includes healthcare matters including pharmaceutical regulations and software licensing.
Tomoki Debari
TomokiDebari
Tokyo
Partner
Tokyo

Partner

Contact
Since joining the firm in 2001, Tomoki Debari has been involved principally in the fields of insurance, banking, securities and asset management, as well as M&A projects involving insurance companies and other financial institutions. He has extensive experience representing Japanese and foreign insurance companies in various matters in Japan, including: (a) formation of branches, subsidiaries and insurance joint venture companies in Japan and applications for insurance business licenses; (b) acquisition of shares in insurance companies and/or portfolio transfers; (c) demutualization and other structural changes, including conversion of Japanese branches into subsidiaries licensed to conduct insurance business; (d) strategic alliances and mergers involving insurance companies; (e) outbound investment and/or formation of joint ventures in the U.S., Europe and Asia (including Vietnam, Turkey, Thailand and Singapore) by Japanese insurers; (f) development of new life and non-life product lines; (g) asset management (including real estate, funds and various derivative transactions); (h) reinsurance transactions and ancillary hedging transactions; (i) ongoing advice on all major issues relating to the Insurance Business Act and Insurance Contract Act; (j) litigation and alternative dispute resolution (including disputes relating to reinsurance); and (k) FSA inspections. As an additional area of specialization, Mr. Debari has also developed extensive expertise in environmental law matters. He assisted Japan's Environmental Ministry in its development of the Soil Contamination Countermeasures Act of Japan, adopted in 2002, and since then has advised clients on a wide variety of environmental issues, including: (i) development of environment impairment liability policies and environment remediation expense policies for several insurance companies; (ii) numerous real estate projects in which analysis and management of environmental risks played a key role, including sales, transfers, securitizations and M&A transactions; (iii) global studies by clients in the areas of soil, groundwater, and air contamination (including one such study for a major U.S. airline); (iv) development by clients of emergency reaction and contingency plans against soil and groundwater contamination; and (v) dispute resolution (including both litigation and alternative mechanisms) regarding environmental issues between joint venture partners, as well as with local governments and the public.
Ko Wakabayashi
KoWakabayashi
Tokyo
Beijing
Partner
Tokyo
/
Beijing

Partner

Contact
Ko Wakabayashi is a partner of Anderson Mori & Tomotsune working primarily in the field of China related matters. His professional experience includes direct investment into China, licensing, M&A in China, general corporate advice in relation to Japanese enterprises' operation in China, and litigation and arbitration in China.
Takeshi Ishida
TakeshiIshida
Tokyo
Partner
Tokyo

Partner

Contact
Takeshi Ishida is a Japanese qualified lawyer, and a partner at Anderson Mori & Tomotsune. He specializes in competition law, including defense against agency investigations into cartel, bid-rigging and unfair unilateral conduct, antitrust litigations and merger control, with special expertise in issues involving information technologies and intellectual property rights, based on his practical insight gained from first-hand experiences of handling leading cases in the Japan Fair Trade Commission (JFTC). Prior to joining the firm, he was appointed as a deputy director at investigation bureau in the JFTC for 3 years. During his tenure, he was a lead case-handler in the Intellectual Property Task Force at the investigation bureau, dealing with investigations and litigations against IT major companies over cutting-edge cases. Moreover, he also acted as a chief investigator responsible for investigating on a wide range of infringement cases such as cartel, bid-rigging and unfair unilateral conduct, conducting dawn raids over more than a dozen cases, and also representing the JFTC before the Tokyo district court and administrative hearings. Before serving for the Japanese agency, he practiced with Blakemore & Mitsuki as a senior associate, advising mainly on competition law issues to clients, such as a patent pool company and major IT companies, and dealing with merger control and litigations. Besides his competition law expertise, his practices encompass the full range of general corporate issues, with considerable experience in litigations and white crime matters, and he also has a deep knowledge of information and communication technology sector.
Yoshiharu Usuki
YoshiharuUsuki
Tokyo
Partner
Tokyo

Partner

Contact
Yoshiharu Usuki is a partner at Anderson Mōri & Tomotsune with broad experience in the area of antitrust/competition law. In the competition area, he is particularly experienced in Japan Fair Trade Commission cartel investigations and other foreign competition authority cartel investigations, bid rigging and other serious alleged violations. Also he is broadly experienced in anti-trust and competition matters relating to dominance regulations, mergers and acquisitions, joint ventures, distribution agreements and license agreements. In addition to his professional experience at Anderson Mōri & Tomotsune, he worked for the London law firm of Fieldfisher LLP, as a foreign lawyer (2014 to 2015).
Yuta Oishi
YutaOishi
Tokyo
Partner
Tokyo

Partner

Contact
Yuta Oishi has engaged in a wide range of IP related matters, including patent, copyright, and trademark infringement lawsuits, licensing negotiations, as well as technology related projects. Moreover, He specializes in data related business and has provided an extensive variety of advice regarding data protection, cyber security, and trade secrets. In addition, he possesses a vast array of experience in assisting with transactional, regulatory, and other legal matters in fields that pertain to and expand across the pharmaceutical, healthcare (including digital healthcare), IT, and entertainment industries.
Yosuke Nishiyama
YosukeNishiyama
Tokyo
Partner
Tokyo

Partner

Contact
Yosuke Nishiyama advises across a wide spectrum of cross border transactions. In particular, he regularly advises international clients on mergers and acquisitions, joint ventures, cross border investments, and corporate restructurings. His core practice areas include information technology, energy and the manufacturing sector, with specific expertise in metals, machinery, automotive, semiconductors, aerospace, pharmaceuticals and medical devices. In addition to transactional work, he also has extensive experience of advising on compliance with regulatory regimes, including data protection and privacy, telecommunications, foreign direct investment (FDI), financial services, consumer protection and employment laws. He has also advised on numerous data breach incidents across multiple jurisdictions and supported clients in cross border investigations under competition and consumer protection laws, providing crisis management advice throughout these matters. He is professionally proficient in Japanese, English and Spanish, enabling him to engage seamlessly with clients, counterparties and regulators across multiple jurisdictions.

PUBLICATIONS

Click here to share this page