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©2001-2026 Atumi & Sakai
No matter how sophisticated the current compliance and risk-management systems may be, it is impossible to completely eliminate the possibility of corporate misconduct. Even if an incident of corporate misconduct is unexpected, an inadequate initial response can seriously undermine a company's credibility.
Companies must therefore be prepared for potential incidents of corporate misconduct. The first step toward restoring corporate credibility lies in a sound initial response.
Approximately 500 investigations handled in FY 2024
Drawing on our extensive experience in more than 500 investigations in FY 2024, we design investigation frameworks tailored to the nature, scale and seriousness of the suspect or identified misconduct. Our experience ranges from the operation of large-scale independent third-party investigation committees in accordance with the guidelines of the Japan Federation of Bar Associations' Guidelines to behind-the-scenes support for small-scale internal investigations.
Investigations Led by Attorneys with Prosecutorial Experience
Corporate misconduct investigations require a prompt and thorough response. However, conducting a credible investigation that satisfies stakeholders is a highly challenging task when time and resources are limited. Atsumi & Sakai has many attorneys who previously served as public prosecutors and have extensive investigative experience. We work with clients to identify the full extent and causes of suspected misconduct, helping companies restore credibility with stakeholders.
Practical Remediation Led by Attorneys with In-House Corporate Experience
Even the most carefully designed remediation measures are of little value if they cannot be implemented and used by the company. Measures that do not take into acount available resources, organizational culture and workplace conditions may create conditions conducive to further potential misconduct. Our Misconduct Investigation Practice includes lawyers with in-house experience, enabling us to propose measures to prevent the reoccurrence of misconduct that are not merely sound in theory, but capable of functioning in practice.
Third-Party Committees
We establish and support independent third-party committees and provide support for their investigations in accordance with the Guidelines of the Japan Federation of Bar Associations.
External Investigation Committees
We have the capacity to establish large-scale external investigation committees comprised mainly of external attorneys to investigate the relevant facts and identify the root causes of misconduct.
Internal Investigation Support
Our attorneys participate in small-scale internal investigation teams or provide support in an external advisory capacity.
Handling Misconduct Investigations Across Various Fields
Click on each item for details.
When problems such as quality fraud or inspection fraud are discovered in the course of corporate activities, it is necessary to conduct an internal and/or third-party investigation to understand the facts, disclose information to customers and stakeholders and promptly communicate with the regulatory authorities in order to preserve corporate value; in some cases, a swift response may be required to ensure the safety and health of customers.
We make full use of our past experience in handling product quality fraud and inspection fraud issues to provide appropriate support.
When advising foreign clients, our firm can field a team of expert Japanese lawyers and foreign lawyers who have relevant experience and bi-cultural sensitivity. Our team can do business and draft documents in Japanese, English, German, Mandarin, Hindi, Korean, and Marathi, and provides services around the clock through our global affiliated offices.
Atsumi & Sakai is experienced in investigating accounting fraud at listed and unlisted companies, and the implementation of fraud-prevention measures.
Our team consists of tax, securities and HR lawyers, and lawyers with an accounting background and experience in the special investigation department of the Tokyo Stock Exchange. The team can assist with:
- Compliance and risk audits - Compliance and risk training (in-person and online) - Internal investigations - Whistleblowing support - Compliance with listing rules across all stock exchanges in Japan - Internal fraud-prevention rules
It is increasingly important for corporate risk management to handle any incidents of misconduct or harassment in the workplace, such as power harassment, sexual harassment, maternity and nursing harassment, promptly and effectively, as not only the offender but also the company may be held liable, and an improper response may expose the company to serious reputational risk.
We provide comprehensive support for dealing with harassment or misconduct, including:
- Drafting of harassment policies and rules - Investigation and analysis of alleged incidents - Disciplinary measures - Measures to prevent recurrence - Responding to authorities - Compliance audits - In-house training (in-person and online) such as harassment prevention training - Whistleblower support
Since its launch in 2008, our Antitrust and Competition Law Team has expanded in both quality and quantity in response to the deepening and diversifying needs of our clients as the risks in this area have increased.
In addition to its core of Japanese and foreign lawyers, our team also works with external individuals and teams, including former senior officials of the Japan Fair Trade Commission (see recent examples here), providing comprehensive antitrust and competition law services both domestically and internationally, as outlined below. We also handle emerging areas of practice, such as serving as a monitoring trustee in business combination review cases. Our expertise covers a wide range of industries, with a particular focus on sectors that are currently experiencing strong growth, such as manufacturing, life sciences, IT, energy and resources, and financial institutions.
The Antitrust and Competition Law Team handles not only matters involving Japan’s Antimonopoly Act, but also a broad range of international competition law matters. Our team has recently been joined by attorneys who are actively engaged in competition law matters under EU, Chinese, and South Korean law.
Furthermore, by leveraging carefully vetted international networks, together with the expertise of our attorneys, we have established a framework that enables efficient collaboration with competition law practitioners around the world. This allows us to handle multi-jurisdictional matters as well as matters involving specific foreign jurisdictions, particularly in relation to merger control filings, antitrust investigations (including cartels), and competition-related litigation.
By incorporating the insider perspective of former Japanese competition authority officials, we strive to provide practical solutions and achieve the best possible outcomes for our clients.
In cases involving bribery or violations of the Political Funds Control Act, a secret investigation is conducted by highly specialized investigative bodies, such as the special investigative department of the district public prosecutor’s office or the prefectural police, and the investigation procedure is often very different from that seen in general criminal cases as it includes prolonged noncustodial interrogations.
Atsumi & Sakai handles domestic anti-bribery cases through a team including former prosecutors with experience investigating such cases and lawyers experienced in criminal defense. The team can advise on:
- Compliance and risk audits - Compliance and risk training (in-person and online) - Handling dawn raids - Responding to and managing regulatory investigations - Criminal defense - Internal investigations - Whistleblowing support
In order to play an active role in the global economy, Japanese companies operating overseas need to establish compliance systems that account for the possible application of anti-bribery regulations such as the U.S. Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act and have the capability to respond appropriately to related investigations.
Our team comprises expert Japanese lawyers and foreign lawyers familiar with US, UK and other foreign bribery laws; the team works with our offices in New York, Frankfurt and London and a network of overseas law firms to swiftly provide the right advice and support. The team can advise on:
- Compliance and risk audits - Compliance and risk training (in-person and online) - Handling dawn raids - Responding to and managing regulatory investigations - Criminal defense - Internal investigations - Whistleblowing support - Support with foreign investigations - Selection of foreign counsel based on personal knowledge
With the ever-increasing scope and complexity of data protection regimes around the world, it is essential for companies handling personal information to have effective data protection regimes and the ability to deal with data losses promptly to minimize reputational and financial damage.
Atsumi & Sakai handles cross-border and domestic data protection and data loss matters on a weekly basis with a highly experienced team of expert Japanese lawyers and foreign lawyers familiar with the nuances of Japanese data protection law and can assist with:
- Data protection compliance audits - Data protection training (in-person and online) - Data management systems - Handling and reporting of data losses - Emergency measures to prevent damage aggravation - Handling inquiries and instructions from authorities - Digital forensics investigations - Hacking countermeasures and investigations - Data loss impact assessment - Dealing with affected persons and public relations - Managing third-party data handlers - Data collection and storage - Data transfers within a group and to third parties - Data transfers offshore and comparative data protection rights - Employee misuse of personal data
If a company becomes subject to an investigation by the Securities and Exchange Surveillance Commission with regard to possible insider trading or market manipulation, the company may ultimately face large fines and criminal penalties. The Commission will have conducted a secret investigation before launching an action, so it is extremely important to be able to respond immediately after becoming aware of an investigation and to do so with knowledge and experience of the nature and scope of such investigations.
Atsumi & Sakai’s team includes lawyers with in-depth knowledge of stock trading practices - some having worked at the Securities and Exchange Surveillance Commission or as investigators at the special investigation unit of the prosecutors’ office - who are able to provide swift and appropriate responses to investigations. The team can advise on:
- Compliance and risk audits - Compliance and risk training (in-person and online) - Handling dawn raids - Responding to and managing regulatory investigations - Criminal defense - Internal investigations - Whistleblowing support - Compliance with listing rules across all stock exchanges in Japan - Internal insider-trading and disclosure rules - Employee share-trading and disciplinary rules - Data security
Workplace, medical and environmental incidents require prompt, careful factual and legal analysis to determine their causes and potential liability. Companies must also engage appropriately with victims, their families and affected local communities while investigating the causes and implementing measures to prevent recurrence.
We provide comprehensive legal support for dealing with workplace, medical, and environmental incidents, including:
- Prompt investigation and analysis of the causes of incidents - Factual and legal analysis of potential liability - Engagement with victims and their families - Engagement with affected local communities - Development of measures to prevent recurrence - Engagement with regulatory authorities - Assessment and management of reputational impact
Yes. We have a rapid-response framework led by experienced attorneys who formerly served as public prosecutors, enabling us to respond promptly from the initial stages of an incident. We also conduct investigations within a tight timeframes to present findings before schedule shareholders' meetings and board meetings.
As a general rule, fees are charged on an hourly basis. However, we can also propose [a fee package/capped fees] depending on your budget and objectives. Please feel free to request a fee estimate.
Yes. Our firm can be engaged to conduct specific aspects of an investigation, such as conducting interviews with particular individuals, providing initial response support, or preparing an investigation report. We respond flexibly in accordance with our client's circumstances and needs.
Yes. We handle matters including interviews and the preparation of investigation reports in English, Chinese, and other languages. We can also conduct on-site investigations through our overseas affiliated offices and network of affiliated law firms.
Yes. Drawing on the experience of approximately 250 attorneys and other professionals, as well as our broad professional network, we are able to conduct investigations across a wide range of fields and industries.