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It has recently been reported that the Japan Ministry of Justice has decided to revise its Practicing Attorney Law to allow a foreign law firm to conduct its law practice in Japan through a Legal Professional Corporation (“LPC”). These revisions may be submitted to the Extraordinary Diet session this autumn for introduction in 2012.
Effective April 1, 2002, Japanese law firms were permitted to practice through an LPC. However, most medium- and large-sized Japanese law firms located in Tokyo have not opted to use an LPC, and instead have remained Partnerships (“Nin-i-Kumiai”). In many of these cases, tax considerations have been, and continue to be, a significant aspect in this decision-making process.
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.
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.
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.
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.
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.