Practical Advice on Unilateral Change of Position and Salary by Employer in China
After the execution of employment contract, employer may sometimes need to change an employee’s position and salary for various reasons. Such a change may be a “bilateral” one which means both the employer and the employee particularly agreed on the conditions of such an individual change, or it could be a “unilateral” one which means …
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Wolf Pack Activism vs. Poison Pill in Japan
On July 28, 2022, the Japan Supreme Court upheld the decision of the Tokyo High Court to halt the implementation of the shareholders’ rights plan (or poison pill) of Mitsuboshi[1] that was challenged by one of its shareholders, Adage Capital (“Adage”). It was the first court case in Japan where a listed company implemented a …
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A Commentary on the System of Calling for Third-Party Comments (From the Perspective of a Drafter of the Bill)
I joined Oh-Ebashi LPC & Partners after serving as a Senior Specialist for Legislation at the Legislative Affairs Office of the Japan Patent Office (“JPO”) for three years. One of my accomplishments during my time at the JPO was being involved in drafting the bill to amend the Patent Act of Japan (the “Patent Act”). …
Stablecoins Regulations in Japan
The Financial Services Agency (“FSA”) established a Working Group on Payment Services, and the report of this working group (“Report”) was published on January 11, 2022. In response to the Report, amendments to the Payment Services Act (“PSA”),[1] the Act on Prevention of Transfer of Criminal Proceeds, Financial Instruments and Exchange Act (“FIEA”),[2] the Banking …
Legal Compliance of Workplace Surveillance in China – From a Personal Information Protection Perspective
A few months ago, a piece of rather interesting news in China raised debates about to what extent an employer can impose surveillance upon its employees in workplaces. The news reported that one major e-commerce company in China has internally announced sanctions upon some of its employees on the ground of excessive access to work-irrelevant …
China’s Life Sciences and Healthcare-No.2 – The Good Vigilance Practice rule in China
This article will introduce the drug vigilance activities required by the new Good Vigilance Practice (“GVP”), enacted on May 7, 2021, and come into effect on December 1, 2021. The GVP will be applied to MAHs and NDA applicants conducting clinical trials.
How Foreign Insurers Can Sell Insurance Products in Japan
Many countries regulate the sale of insurance products by foreign insurance companies to their residents and citizens. Japan has similar regulations. This article will provide an overview of the laws and regulations governing the sale of insurance products to residents and citizens in Japan by foreign insurance companies without an insurance business license.
Recent Developments in Court Decisions on Poison Pills in Japan
A. Introduction In recent years, the number of cases of hostile takeovers has increased in Japan, and more and more listed companies are trying to introduce, maintain or renew hostile takeover defense measures. Since the spring of 2021, important court decisions have been made on such hostile takeover defense measures, and this article discusses the …
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