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The Importance of <i>Wa</i> When Doing Business in Japan
'The Master said, in hearing litigation, I am no different from any other man. But if you insist on a difference, it is, perhaps, that I try to get parties not to resort to litigation in the first place.' The Analects of Confucius, Book XII, Section 13.
In that statement, and others in the Analects, Confucius demonstrates a distrust of law and litigation as a means of regulating society and promoting goodness that is still evident in many Asian cultures, including Japan. Subscribers to the tenants of Confucianism are generally suspicious of codified laws, contracts, and formal judicial proceedings, which are seen as too inflexible to handle myriad circumstances and experiences that may arise in personal and business relationships. Confucius chose to trust people, not laws, to promote a well ordered and smoothly running society. Under such a view, litigation serves only to make society more confrontational, less harmonious, and less orderly.
Volumes have been written on the supposed non-litigious nature of the Japanese, usually citing statistics showing there are hundreds of times fewer attorneys and lawsuits per capita in Japan as compared to the U.S. These statistics are generally misleading because they fail to take into account the structure of the Japanese court system itself, which presents significant barriers for litigants.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.