2015 ASIA FORUM—TOKYO

2015 ASIA FORUM—TOKYO
Doing Business in Asia:
Recent Trends and
Developments in the
Regulatory Environment,
Transactional Practice and
Dispute Resolution
PRESENTED BY:
PLATINUM PARTNER:
GOLD PARTNER:
March 2-3, 2015
Hilton Tokyo — Japan
This program will be accredited for
CLE in the U.S. including 1.5 hours
of ethics credit. For delegates from
other countries where CPD/CLE is
mandatory, the ABA will be
pleased to provide a Certificate of
Attendance for this conference.
For more information visit shopaba.org/Tokyo2015
Sponsors
Platinum Partner
Gold Partner
Silver Partners
Panel Sponsor
Edelman
Meeting Supporter
Exhibitor
Media Sponsors
Cooperating Entities
Program Planning Committee
SECTION CHAIR 2014-15
Marcelo Bombau • M. & M. Bomchil Abogados • Buenos Aires, Argentina
STEERING COMMITTEE
Program Chairs
Cecil Saehoon Chung • Yulchon LLC • Seoul, Korea
Tsuyoshi Ikeda • Mori Hamada & Matsumoto • Tokyo, Japan
Elisa Kearney • Davies Ward Phillips & Vineberg LLP • Toronto, ON, Canada
Robert L. Brown • Bingham Greenebaum Doll LLP • Louisville, KY, USA
Yee Wah Chin • Ingram Yuzek Gainen Carroll & Bertolotti, LLP • New York, NY, USA
Birgit Kurtz • Gibbons P.C. • New York, NY, USA
Steven Richman • Duane Morris LLP • New York, NY, USA
Sara Sandford • Garvey Schubert Barer • Seattle, WA, USA
Lisa Savitt • Crowell & Moring LLP • Washington, DC, USA
PLANNING COMMITTEE
Jennifer Aga • Hitachi, Ltd • Tokyo, Japan
Takahiro Azuma • Nishimura & Asahi • Tokyo, Japan
Chunghwan Choi • Lee & Ko • Seoul, Korea
Taylor Croley • American Bar Association • Washington, DC, USA
Thomas Happell • American Bar Association • Washington, DC, USA
Kenji Hirooka • Bingham Sakai Mimura Aizawa • Tokyo, Japan
Naoki Iguchi • Nagashima Ohno & Tsunematsu • Tokyo, Japan
Katsutoshi Kataoka • Japan Fair Trade Commission • Tokyo, Japan
Mark Katz • Davies Ward Phillips & Vineberg LLP • Toronto, Canada
Gene Kim • Kim & Chang • Seoul, Korea
Kyoung Yeon Kim • Yulchon LLC • Seoul, Korea
Yong Lim • S.J.D. Candidate, Harvard Law • Cambridge, MA, USA
Scott Maravilla • Federal Aviation Administration • Washington, DC, USA
Viren Mascarenhas • King & Spalding LLP • New York, NY, USA
Yuto Matsumura • Mori Hamada & Matsumoto • Tokyo, Japan
Michelle Mattingly • American Bar Association • Washington, DC, USA
Dixon F. Miller • Porter Wright Morris & Arthur LLP • Columbus, OH, USA
Lelia Mooney • Partners for Democratic Change • Washington, DC, USA
Piyasena Perera • Anderson Mori & Tomotsune • Tokyo, Japan
Justin G. Persaud • Persaud & Sandher, LLC • Basking Ridge, NJ, USA
Steven Saunders • University of Toyama • Toyama, Japan
Jessica L. Smith • American Bar Association • Washington, DC, USA
Doil Son • Yulchon LLC • Seoul, Korea
Marcela Stras • Cozen O’Connor • Washington, DC, USA
Mohammad Ali Syed • Syed Law Firm, PLLC • Washington, DC, USA
Yukihiro Terazawa • Morrison Foerster • Tokyo, Japan
Takashi Toichi • Anderson Mori & Tomotsune • Tokyo, Japan
Taro Tsunoda • Anderson Mori & Tomotsune • Tokyo, Japan
Yoshiki Uchida • MDP Business Advisory, Co., Ltd. • Tokyo, Japan
Erica Sumie Yamashita • Machado Meyer Sendacz Opice Advogados • São Paulo, Brazil
Continuing Legal Education / Continuing Professional Development
The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NM,
NV, NY, NC, ND, OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs.
This course is expected to qualify for 9.0 CLE credit hours (including 1.5 ethics hours) in 60-minute states, and 10.8 credit hours (including 1.8 ethics hours) in 50-minute
states. This transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or
attorney self-submission in other states. For more information about CLE accreditation in your state, visit http://www.americanbar.org/cle/mandatory_cle.html.
For delegates from other countries where CPD/CLE is mandatory, the ABA will be pleased to provide a Uniform Certificate of Attendance which, subject to the exact CPD/CLE
requirements of your bar association/law society, may be used to obtain the equivalent accreditation in your jurisdiction.
PROGRAM AGENDA
Monday, March 2, 2015
8:00 AM – 9:00 AM
REGISTRATION & BREAKFAST
KIKU LOBBY
Proudly sponsored by:
8:50 AM – 9:00 AM
WELCOME REMARKS
KIKKA
Welcome remarks by Sara Sandford, Vice-Chair, American Bar Association Section of International Law
9:00 AM – 10:30 AM
OPENING PLENARY SESSION
What General Counsel and International Lawyers Need to Know About Conducting Business in East Asia
KIKKA
This panel will consider best practices that multinational companies and international lawyers doing business in Japan, South Korea, China and Taiwan should adopt to
conduct business successfully in East Asia. The panel will discuss the various ethical issues that arise in the international commerce context and how multinationals with
different ethical and business conduct standards handle these issues in Asia. The panel will discuss ethics and professional responsibility, addressing topics such as
confidentiality, competence, know-your-client rules as well as best practices for selecting local counsel and other service providers. The panel will also consider how
specific elements of the U.S. anti-corruption regulatory regime and local regulatory environments affect international transactions within East Asia and the impact on
company practices and attitudes.
Panel Chair & Moderator:
Piyasena C. Perera, Anderson Mori & Tomotsune, Tokyo, Japan
Speakers:
Laurence Bates, LIXIL Corporation, Tokyo, Japan
Mitsuru Chino, Itochu Corporation, Tokyo, Japan
Bradley A. Klein, Skadden, Arps, Slate Meagher & Flom LLP, Hong Kong, China
David M. Waters, GM Korea Company, Incheon, Korea
10:30 AM – 11:00 AM
NETWORKING COFFEE BREAK
Track 1: Business / Transactional
*Ethics Credit Requested
Track 2: Litigation / Enforcement
KIKKA
11:00 AM - 12:30 PM
Best Practices and Legal Risks Surrounding Joint Venture Projects and
Strategic Alliances
KIKUYO
11:00 AM - 12:30 PM
The Anti-Corruption Landscape in Asia: Heightened Enforcement and
Heightened Tension
Public private partnerships and large scale infrastructure projects of the type being
built in preparation for the Tokyo 2020 Olympic Games are typically managed by a
consortium or joint venture partners which come with specific legal risks. This panel
will discuss specific issues surrounding joint venture projects and other forms of
strategic alliances under Japanese and Korean law including proper due diligence,
corporate formation, regulatory approval, liability and indemnification and
dissolution.
In the past year or so, a number of particularly high profile corruption investigations
and enforcement actions have taken place in China, Korea, Japan and in several
other Asian countries. Nearly all have focused on or involved Western-based
companies. Additionally, many of these same countries have strengthened or
promulgated new anti-bribery laws. How does this change the operational
landscape for companies conducting business or seeking to build business in Asia?
This panel will examine the anti-corruption regime in several of the major Asian
countries (Japan, Korea, and China), compare the regulations to those in the West
(Australia, U.S., UK, and Canada) and discuss the whys and wherefores of the
heightened levels of enforcement.
Panel Chair & Speaker:
Yuto Matsumura, Mori Hamada & Matsumoto, Tokyo, Japan
Panel Chair & Moderator:
Sara Sandford, Garvey Schubert Barer, Seattle, WA, USA
Speakers:
Takeshi Aratani, Japan Airlines, Tokyo, Japan
Kenji Hirooka, Bingham Sakai Mimura Aizawa, Tokyo, Japan
Joon B. Kim, Kim & Chang, Seoul, Korea
Yuto Matsumura, Mori Hamada & Matsumoto, Tokyo, Japan
Panel Chair & Moderator:
Haiyan Tang, Paul Hastings LLP, Shanghai, China
Speakers:
Robert Morimoto, GE Japan, Tokyo, Japan
Eun-Jae Park, Yulchon LLC, Seoul, Korea
Patrick Robbins, Shearman & Sterling LLP, San Francisco, CA, USA
Vivian Robinson, McGuire Woods, London, United Kingdom
12:30 PM – 2:00 PM
LUNCHEON
KIKUEN
2:00 PM – 3:30 PM
Managing Pricing and Distribution for Global Companies – Price Maintenance
and Vertical Restraints Around the World
2:00 PM – 3:30 PM
The Rules and Risks of Public and Private Procurement
Global retail companies are required to navigate an array of different laws in each
country in which they operate. In this panel, local counsel from around the world will
discuss the local pricing and distribution laws like resale price maintenance,
geographic price discrimination and dual distribution that can impact a company's
marketing and distribution strategy.
The Tokyo 2020 Olympic Games and other anticipated growth in the city will provide
an opportunity for international businesses to participate in tender processes for
large public infrastructure contracts as well as private contracts for housing,
condominiums, materials, catering, facilities, IT equipment, etc. This panel will
examine legal issues associated with public and private procurement in Japan
including proper due diligence, company formation and bid timing, as well as the
risks and consequences of corruption and bid rigging including, the risk and
consequences of prosecution by foreign jurisdictions such as China and the United
States.
Panel Chair & Moderator:
Kimitoshi Yabuki, Yabuki Law Office, Tokyo, Japan
Speakers:
David Mamane, Schellenberg Wittmer Ltd, Zurich, Switzerland
Panel Chair:
Scott Maravilla, Federal Aviation Administration, Washington, DC, USA
Susan Ning, King & Wood Mallesons, Beijing, China
Daren Shiau, Allen & Gledhill LLP, Singapore
Setsuko Yufu, Atsumi & Sakai, Tokyo, Japan
Panel Chair & Moderator:
Katsutoshi Kataoka, Japan Fair Trade Commission, Tokyo, Japan
Speakers:
Masahiro Ito, Ministry of Land, Infrastructure, Transport and Tourism, Tokyo, Japan
Nobuaki Mukai, Momo-o, Matsuo & Namba, Tokyo, Japan
Djordje Petkoski, Hunton & Williams LLP, Washington, DC, USA
Madoka Shimada, Nishimura & Asahi, Tokyo, Japan
3:30 PM – 4:00 PM
NETWORKING COFFEE BREAK
KIKU LOBBY
4:00 PM – 5:30 PM
Mergers Controls in East Asia
Proudly sponsored by:
4:00 PM – 5:30 PM
You Say Chusai, Chotai, I Say Arbitration, Mediation: Comparing Dispute
Resolution Procedures in Japan, Korea & the U.S.
Edelman
This panel will examine the pre-merger notification requirements, timing and
regulatory review processes associated with the acquisition of assets or a
business or a merger or combination in Japan, South Korea, China, Taiwan and
Singapore. Differences in the merger control regimes in Europe and North
America will also be highlighted.
Panel Chair:
Takahiro Azuma, Nishimura & Asahi, Tokyo, Japan
Panel Chair & Moderator:
Mark Katz, Davies Ward Phillips & Vineberg LLP, Toronto, Canada
Speakers:
Kala Anandarajah, Rajah & Tann Singapore LLP, Singapore
Takahiro Azuma, Nishimura & Asahi, Tokyo, Japan
Kyoung Yeon Kim, Yulchon LLC, Seoul, Korea
Janet Hui, Jun He Law Offices, Beijing, China
Top ADR practitioners offer a comparison of dispute resolution procedures and
systems in three countries with an emphasis on understanding critical and cultural
differences and managing client expectations in these different jurisdictions. There
is some thought for instance, that Korea’s ADR system is heavily influenced by
Confucianism, while it has also been observed that in Japan, unlike some Western
countries, ADR proceedings are much more traditionally litigation-oriented and used
to supplement court proceedings. Practitioners from Japan, Korea and the U.S.
(and their clients) can often be surprised by the different approaches taken in a
process that shares a common name.
Panel Chair & Moderator:
Naoki Iguchi, Nagashima Ohno & Tsunematsu, Tokyo, Japan
Speakers:
Helena Chen, Pinsent Masons, Bejing, China
Sae Youn Kim, Yulchon LLC, Seoul, Korea
Professor Yasuhei Taniguchi, Professor Emeritus, Kyoto University & Judge,
Singapore International Commercial Court
Janet Whittaker, Simpson Thacher & Bartlett LLP, Washington, DC, USA
5:30 PM – 6:00 PM
JOINT PANEL ROUND-UP
KIKKA
Join the Forum Program Chairs for a round-up of the day’s highlights from both Tracks.
Forum Program Chairs:
Cecil Saehoon Chung, Yulchon LLC, Seoul, Korea
Elisa Kearney, Davies Ward Phillips & Vineberg LLP, Toronto, Canada
Tsuyoshi Ikeda, Mori Hamanda & Matsumoto, Tokyo, Japan
6:00 PM – 8:00 PM
NETWORKING RECEPTION & DINNER
KIKUEN
Tuesday, March 3, 2015
8:00 AM – 9:00 AM
REGISTRATION & BREAKFAST
Kiku Lobby
Proudly sponsored by:
Track 1: Business / Transactional
Track 2: Litigation / Enforcement
KIKKA
9:00 AM – 10:30 AM
Protecting Your Intellectual Property Against Ambush Marketers, Grey
Marketing and Counterfeiting
KIKUYO
9:00 AM – 10:30 AM
Recent Harsh Penalties Under U.S. Federal Sentencing Guidelines – Why The
Penalties Look To Be Higher Than The Statutory Limit
Companies spend substantial sums of money developing their intellectual property
and equally significant amounts of money protecting that intellectual property.
Through case studies, this panel will consider best practices for protecting a
company's intellectual property rights in Japan, South Korea and China against
ambush marketers, grey marketing and counterfeiting. Strategies that can be
adopted in other international fora will also be considered and best practices for a
global legal strategy will be discussed.
Panelists will discuss the application of the U.S. Sentencing Guidelines to
Japanese, Chinese, Korean and Taiwanese companies and individuals engaged in
alleged conduct violating U.S antitrust and anti- corruption laws. Case studies such
as the auto parts investigation will be used to explain the U.S. Sentencing
Guidelines and practical advice will be provided regarding aggravating and
mitigating factors and affirmative defenses. Panelists will also discuss how the
Sentencing Guidelines were applied in the case of large fines against financial
institutions such as Bank of America and JP Morgan.
Panel Chairs:
Yee Wah Chin, Ingram Yuzek Gainen Carroll & Bertolotti LLP, New York, NY, USA
Yukihiro Terazawa, Morrison Foerster, Tokyo, Japan
Speakers:
Craig Celniker, Morrison Foerster, Hong Kong, China
Chunghwan Choi, Lee & Ko, Seoul, Korea
Akihito Nakamachi, Anderson Mori & Tomotsune, Tokyo, Japan
Miki Sakakibara, Panasonic Corporation, Tokyo, Japan
11:00 AM – 12:30 PM
Online Privacy, Consumer Protection & Competition
Panel Chair & Moderator:
Yoshiki Uchida, MDP Business Advisory, Co., Ltd., Tokyo, Japan
Speakers:
Jennifer M. Driscoll, Sheppard Mullin, Washington, DC, USA
Kaku Hirao, Nishimura Asahi, Tokyo, Japan
Tsuyoshi Ikeda, Mori, Hamada & Matsumoto, Tokyo, Japan
Hiromitsu Miyakawa, Jones Day, Tokyo, Japan
10:30 AM – 11:00 AM
NETWORKING COFFEE BREAK
KIKU
11:00 AM – 12:30 PM
Protecting Your Client in an Era of Global Enforcement
As evidenced by regulatory investigations of Google, Apple, Facebook, E-book
publishers and others, government agencies around the world continue to scrutinize
whether consumers are benefiting from new business models emerging out of the
Internet or whether competition is being harmed and consumer privacy being
threatened. This panel will examine the intersection between the
competition/antitrust laws and privacy and consumer protection laws in East Asia
and consider the role that government can play in helping or hindering innovation.
Companies under investigation for conspiracy or foreign corrupt practices in one
jurisdiction may quickly find themselves under investigation in a number of other
countries around the world. Panelists will discuss issues that counsel advising
companies subject to an international cartel or corruption investigation must be
aware of to ensure their client's rights are protected. Issues like attorney client
privilege, obstruction of justice and protection of confidential information will be
discussed and procedural fairness will be debated.
Panel Chair:
Erica Sumie Yamashita, Machado Meyer Sendacz Opice Advogados, São Paulo,
Brazil
Panel Chair & Moderator:
Lisl Dunlop, Manatt, Phelps & Phillips LLP, New York, NY, USA
Panel Chair & Moderator:
Yong Lim, S.J.D. Candidate, Harvard Law, Cambridge, MA, USA
Speakers:
Naoya Bessho, Yahoo Japan, Tokyo Japan
Eugene Kim, Kim & Chang, Seoul, Korea
Amy Lee, Microsoft Corporation, Hong Kong, China
Mitsuko Miyagawa, TMI Associates, Tokyo, Japan
Speakers:
Ken Ewing, Steptoe & Johnson LLP, Washington, DC, USA
David Liu, Jun He Law Offices, Shanghai, China
Stephen Mavroghenis, Shearman & Sterling, Brussels, Belgium
Kagenori Sako, Oh-Ebashi LPC & Partners, Osaka, Japan
12:30 PM – 1:00 PM
JOINT PANEL ROUND-UP
KIKKA
Join the Forum Program Chairs for a round-up of the day’s highlights from both Tracks.
Forum Program Chairs:
Cecil Saehoon Chung, Yulchon LLC, Seoul, Korea
Elisa Kearney, Davies Ward Phillips & Vineberg LLP, Toronto, Canada
Tsuyoshi Ikeda, Mori Hamanda & Matsumoto, Tokyo, Japan
1:00 PM – 2:00 PM
CLOSING LUNCHEON
KIKUEN
2015 Asia Forum-Tokyo
March 2-3, 2015 – Tokyo, Japan
Online registration is strongly encouraged. Pre-registration closes on Tuesday, February 24, 2015
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