留學(xué)生企業(yè)與公司法dissertation案例：日本企業(yè)文化的法律實(shí)踐為何發(fā)生了翻天覆地的變化?Changing Laws,Changing

留學(xué)生企業(yè)與公司法dissertation案例，留學(xué)生法律dissertation定制Changing Laws,Changing Attitudes

The practice of law in Japan has changed dramatically over the past decade. This change has not been limited
to dusty legal textbooks – it has been part of abroader transformation in Japanese business culture. Tenyears ago, many clients in Japan had no idea what it meantto be an M&A lawyer. Now, business people here discuss poisonpills and triangular mergers in technical detail.
The year 2006 promises a continuation of the rapid transformationin Japanese law which has occurred over the pastdecade. You should not see these changes as only being ofinterest to the legal professionals appearing on the followingpages, for these changes will affect everyone who doesbusiness in Japan. These changes can help change the way you do business in Japan.
For example, the entire corporate law of Japan has beenrewritten over the past year, with the revised law to take
effect this May. While many of the changes are technical,the result is significant. In particular, it will be far easier toestablish and manage a Japanese corporation. As a result,foreign corporations doing business in Japan should reexaminetheir corporate structures and internal procedures toevaluate whether they can utilize the new laws to maketheir businesses more efficient and cost-effective.
Another major change taking effect this year is in mergersand acquisitions. Japanese companies can begin to acquirecompanies – foreign or domestic – using their own stock.
This change should accelerate both corporate restructuringsand the integration of global capital markets. Livedoor's disputewith Fuji TV was a dramatic opening act to a new eraof corporate acquisitions and shareholder activism in Japan,but was by no means the climax. Future deals may be lessentertaining, but they will continue to reshape the face oJapan Inc. in even more significant ways.Some changes in the legal and corporate culture may be
less welcome to foreign businesses in Japan. People oftencomplain that New York has too many lawyers and not
enough taxis, and that Tokyo has too many taxis and notenough lawyers. But changes in the legal profession – includingnew U.S.-style law schools – are increasing the number ofJapanese lawyers and expanding their role. More importantly,the government of Japan is adopting a more legalisticapproach as it tackles public policy issues. Environmental regulationand labor practices, for example, are becoming farmore complex and subject to strict legal review.
The law firms appearing on the next few pages are alldedicated to helping you understand the changes in
Japanese law and adapting your business to the new legalclimate in Japan. Both domestic and foreign firms in Japan
留學(xué)生企業(yè)與公司法dissertation#p#分頁標(biāo)題#e#案例，留學(xué)生法律dissertation定制have been growing, diversifying and expanding their legalknowledge and expertise. We look forward to the changes2006 will bring, and the exciting new legal and business
climate before us all.
Gregory R. Salathé
Managing Partner
Tokyo Office
Morgan Lewis & Bockius LLP
Law | Special Advertising Section
40 / ACCJ Journal / February 2006
Law Firms
ATSUMI & Partners
Tel: 03-5501-2111 Fax: 03-5501-2211
www.apap.gr.jp
ATSUMI & Partners is one of Japan's leadingindependent law firms. The firm standsapart as a fully integrated internationalteam capable of achieving the best possibleresults on even the largest and mostcomplex international matters, throughstrong collaboration among the firm's non-
Japanese and Japanese lawyers (includingmany with legal training abroad, who regularlywork in English) supported by alarge and dedicated team of researchers,paralegals, scriveners, translators andother staff.
The firm's international experience coverspractice areas that include finance, banking,capital markets, securities, structuredfinance, syndicated loans, real estatefinance, derivatives, public offerings, private
placements, aircraft finance, equipmentfinance, mergers and acquisitions, investment
funds, information technology, intellectualproperty, general corporate law,
trust law, bankruptcy, insolvency, restructuring,due diligence, compliance, litigationand arbitration.
Baker & McKenzie GJBJ
Tokyo Aoyama Aoki LawOffice (Gaikokuho Joint
Enterprise)
Tel: 03-5157-2700 Fax: 03-5157-2900
www.taalo-bakernet.com
Baker & McKenzie GJBJ Tokyo Aoyama AokiLaw Office can help you to realize your businessneeds. We are a fully integrated law
firm of lawyers qualified in Japan and otherkey world financial centers – and we're the
first international law firm in Japan to focuson both domestic and international legalmatters within a single practice.We assist domestic and internationalcompanies in addressing the full spectrumof legal and business issues in Japan,including structuring cross-border transactionsand domestic acquisitions; advising
Japanese corporations on IPOs or stock listingsin Tokyo, London and New York;strategic tax counsel related to EU, theU.S. and Japanese tax codes; advice andassistance relating to carbon-emission trading,the pharmaceutical industry and protectionof trademarks and patents in Japanand abroad.
With more than 100 professionals basedin Tokyo, we can respond rapidly and effectivelyto your needs in Japan, and deliverthe knowledge and experience of the world’sleading global law firm to help you operate
successfully anywhere in the world – allfrom a single point of contact.
Kaneko Hirohito Law Office
Tel: 03-3574-8535 Fax: 03-3574-7144
www.kaneko-law-office.jp#p#分頁標(biāo)題#e#
Along with the increase in foreign residents
and corporations in Japan, so, too,
has the need for professional, responsible,
and fair legal advice and representation
increased. Japanese law firms have traditionally
been divided into two categories:
1. domestic litigation: addressing disputes
between Japanese clients and corporations;and 2. international: firms that
facilitate agreements and documentationfor foreign clients. Kaneko Hirohito Law
Office (KHLO), whilst having solid experiencein both areas, are particularly proudof their 25 years' experience in litigationand dispute resolution. As experts in litigationand dispute resolution, KHLO continue
to manage a diverse caseload, varyingfrom corporate law, unfair competition
law, bankruptcy and turnaround law, copyrightlaw and tourism law, to damagesand divorce.
KHLO also has a special multicultural division,
set up specifically to facilitate linguisticallysmooth transactions between clientsand greater access to the law for our foreignclients. For more information, pleasecontact us at 03-3574-8535 or e-mail
[email protected]
Latham & Watkins
Gaikokuho Joint Enterprise
Tel: 03-6212-7800 Fax: 03-6212-7801
www.lw.com
Latham & Watkins is one of the world’s eliteglobal law firms, providing full-service capabilitiesacross a variety of industries, practicesand jurisdictions. Our multidisciplinaryteams work collaboratively across a networkof 1,800 lawyers in 22 offices, practicing inmajor jurisdictions in Asia, the U.S. andacross Europe, and regularly work with companiesthat conduct business in Latin
America and Africa. Our teams utilize thefirm’s international breadth to handle our
clients’ complex transactional, litigation andregulatory matters. With more than 40attorneys spread across our four Asianoffices, the firm has a strong presence insome of Asia’s most significant commercialcenters (Tokyo, Hong Kong, Singapore
and Shanghai).
In Japan, we provide onsite representationfor our clients in a variety of internationaltransactional matters and complex litigation.Our Tokyo office includes lawyers qualified inthe U.S. and in Japan, working together
seamlessly to provide complete representationto our clients. Lawyers from our Tokyo officeroutinely team with lawyers from Latham’sother global offices to provide clients withrepresentation throughout the world.
Morgan Lewis-TMI
Tel: 03-5219-3550 Fax: 03-5219-2501
www.morganlewis-tmi.jp
Morgan Lewis-TMI was formed in 2005 as ajoint venture between Morgan, Lewis &Bockius LLP, one of the largest U.S. lawfirms, and TMI Associates, the sixth-largestlaw firm in Japan. By uniting the resourcesof both firms, Morgan Lewis-TMI is able toprovide clients with a broad range ofresources in Japan, the U.S. and across theworld. With over 100 Japanese and U.S.lawyers in Tokyo, Morgan Lewis-TMI is
uniquely positioned to advise foreign clientson nearly every legal issue they may face in#p#分頁標(biāo)題#e#
Japan. With 20 offices and over 1,300lawyers worldwide, we also provide supportfor Japanese clients in the U.S. andthroughout the world. Our practice focusesprimarily on cross-border M&A, venture capital,private equity, technology transfers,employment issues, corporate and securities
matters, and litigation. If you have anyquestions about our practice, please contactGregory R. Salathé or Kunio Namekata at
03-5219-3550.
Nagashima Ohno &
Tsunematsu
Tel: +81-(0)3-3288-7000
Fax: +81-(0)3-5213-7800
www.noandt.com
Nagashima Ohno & Tsunematsu is Japan’s
February 2006 / ACCJ Journal / 41
Law | Special Advertising Section
largest law firm and the country’s foremost
provider of international and commercial
legal services. The members of the firm constitute
the largest single grouping of legal
talent in Japan and are committed to
ensuring that our clients receive the veryhighest standard of legal advice and service.
We represent domestic and foreigncompanies, and organizations involved inevery major industry sector and legal servicearea in Japan, and have successfully
structured and negotiated many of Japan’slargest and most complex corporate andfinance transactions. Today, we have over220 lawyers (inclusive of foreign-licensedlawyers) capable of providing our clientswith practical solutions to meet theirbusiness needs.Paul Hastings Janofsky &
Walker LLP
Tel: 03-6229-6100 Fax: 03-6229-7100
www.paulhastings.com
Paul, Hastings, Janofsky & Walker LLP is aleading global law firm with more than
1,000 lawyers in 17 offices in Asia, Europeand North America. Paul Hastings has over30 years of experience in advising Japaneseand international clients on the complexitiesof cross-border transactions in Japanand globally. We have one of Asia’s largestglobal legal practices, with over 130 lawyerslocated in Tokyo, Hong Kong, Beijingand Shanghai.
The Tokyo office of Paul Hastings hasone of the largest numbers of experiencedJapanese bengoshi among the foreign lawfirms in Japan. The Tokyo office offers afull range of legal services to both
Japanese and international clients in bankingand finance, capital markets and corporate
finance, dispute resolution and arbitration,employment, foreign direct investment,property, financial services, internationaltrade and regulation, investment
management, market entry, mergers andacquisitions, non-performing loans and distressedassets, private equity and venturecapital, privatization and government representations,
project development andfinance, real estate, securitization and
structured finance, and tax. To learn moreabout Paul Hastings, please contact
Momoko Ogata at 03-6229-6100 [email protected].
Squire, Sanders & Dempsey
L.L.P.
Tel: 03-5774-1800 Fax: 03-5774-1818
www.ssd.com
Following our combining with Graham &#p#分頁標(biāo)題#e#
James, Squire Sanders carries on the Graham
& James legacy of more than 25 years in
Japan. Our Tokyo office lawyers guide a
diverse client base, focusing on large corporate
and financing transactions. We work
closely with our offices in Beijing, Hong
Kong and Shanghai, as well as in the
Americas and Europe, to assist Japanese
companies in their global business activities,
and foreign investors entering and expanding
in the Japanese market. Our Tokyo
office is a Gaikokuho Kyodo Jigyo Horitsu
Jimusho, allowing us to advise foreign
investors on Japanese law matters.
The Asia-Pacific Legal 500 ranks our Tokyo
office among the top foreign firms for banking
and finance, capital markets, corporate
and commercial, dispute resolution, IT and
telecommunications, and project finance. Our
lawyers also have in-depth experience in
areas such as dispute resolution, e-commerce,
energy, foreign direct investment, infrastructure,
private equity and venture capital.
Squire Sanders lawyers frequently lecture
and write about investment in Japan and
elsewhere in Asia, and about cross-border
disputes. Two of our Tokyo lawyers serve on
the boards of TSE Section 1-listed companies,
and many others are active in industry
and bar associations, and other associations.
Ushijima & Partners
Tel: 03-5511-3200 Fax: 03-5511-3258
www.ushijima-law.gr.jp
Ushijima & Partners was founded in 1985.
Our firm represents clients across a broad
range of industries, including financial
institutions (such as banks, trust banks,
securities companies, life insurance companies
and non-life insurance companies),
trading companies, manufacturers (such as
automobile, food, pharmaceutical, computer
and apparel), construction companies, real
estate companies, TV stations, entertainment
companies, telecommunications companies,
distributors and public agencies.
Our primary practice areas include
International Transactions, International
Investment, International Commercial
Litigation, Alternative Dispute Resolution,
Contract, Real Estate Development, Labor
and Employment, Corporate Reorganization,
Bankruptcy, Antitrust, Customs/Trade,
Banking and Finance; Trademark, Copyright,
IP; Tax, and General Corporate practice both
domestic and international.
Our firm is the representative in Japan of
both Multilaw and the Employment Law
Alliance. Through our affiliation with
Multilaw’s network of 7,000 attorneys, we
are able to provide legal services to
Japanese and multinational clients throughout
the world. The Employment Law
Alliance is an international network of law
firms, providing advice about personnel
matters and labor issues from the employers’#p#分頁標(biāo)題#e#
side. Through the ELA we are well-organized
to support the HR needs or restructuring of
multinational companies.
White & Case LLP
White & Case Law Offices
Tel: 03-3259-0200 Fax: 03-3259-0150
www.whitecase.com (English)
www.whitecase.co.jp (Japanese)
Legal Specialists in Japan
An important part of White & Case’s integrated
network of nearly 2,000 lawyers
working in 38 offices in 25 countries, the
Tokyo office of White & Case draws on extensive
domestic, U.S. and UK law capabilities
to deliver prompt, efficient and high-quality
services in relation to inbound, outbound or
multinational transactions in Japan.
Established in 1987, the Tokyo office of
White & Case is one of the largest foreign
law firms in Japan today. Our foreign-qualified
and Japan-qualified lawyers work
alongside each other through a registered
association to offer foreign and Japanese
legal advice to domestic and international
clients concerning virtually all forms of
business transactions in any country.
Reflecting the growing and ever-changing
demands of modern business in Japan, our
office offers the expertise of lawyers qualified
to practice under the laws of numerous
jurisdictions around the world, including
recently expanded English law capability.
Using this breadth of knowledge, we meet
and exceed the demands of the most complex
international transactions quickly and
efficiently.
Our services in Tokyo are divided into
these practices: Alternative Dispute
Resolution, Litigation and Trade; Banking &
Finance, Restructuring and Real Estate;
Capital Markets; Mergers & Acquisitions;
Project and Equipment Finance; and Tax and
International Estate Planning.
42 / ACCJ Journal / February 2006
Legal Recruitment
Specialists
Hudson
Tel: +81-(0)3-3511-5668
Fax: +81-(0)3-3511-5670
www.hudson.com/jp
Hudson is a recognised leader in legal recruitment
and is part of the world’s largest international
legal recruitment network, with legal
recruitment specialists operating in more
than 130 offices. This network, along with
our legal recruitment specialists across the
Asia-Pacific region, puts us in a unique position
to source candidates for clients globally.
We are part of the Hudson Highland Group,
Inc., (NASDAQ: HHGP), one of the world's
largest combined executive search, specialty
staffing and related consulting services firm.
In Japan, Hudson has assisted in the
recruitment of more General Counsels, Heads
of Legal, Regional Heads, Heads of
Compliance, Foreign-qualified Partners and
Bengoshi Partners than anyone else in
Tokyo over the past six years. We have a#p#分頁標(biāo)題#e#
proud history of helping our clients find and
attract lawyers with the right skills and
attributes to really make a difference.
The Ingenium Group, Inc.
Tel: 03-4560-1000 Fax: 03-4560-1049
www.ingeniumgroup.com
Ingenium is a Tokyo-based executive search
firm that sources and introduces professionals
and executives to industry-leading companies
in Japan and Asia. Our clients retain us to
identify, evaluate and advise in hiring the
best candidates in the market.
Legal recruiting at Ingenium is sensitive
to the details of the current market, which is
both expanding and internationalizing at an
unprecedented rate …. foreign law firms
seek bengoshi for global partnerships,
Japanese firms are themselves tapping foreign
attorneys as partners. A new generation
of law school-trained Japanese attorneys is
entering professional service. Ingenium legal
recruiting is your partner for managing this
growth of talent and opportunity.
Our mission is to bring the highest standards
of ethics, service, satisfaction and
results to the Asia-Pacific recruitment market.
These principles have raised the bar on
what companies should expect from an executive
search firm, and have enabled greater
expectations from our clients and more consistent
delivery and results
Ingenium was founded in 2000 and is
headquartered in Tokyo, Japan with offices in
the United States and China. Ingenium,
the source for talent.
Contact: Ben Karp, Legal Services,
03-4560-1057 or [email protected]
Legal Futures Japan K.K.
Tel: +81-(0)3-3580-3101
Fax: +81-(0)3-3580-3116
www.legalfutures.com
Legal Futures was founded in 1999 and is a
dedicated legal, compliance and financial
services boutique consultancy that operates
from offices in Tokyo, Hong Kong and
Singapore. We offer a premium personalized
consultancy service and operate three separate
and highly specialized divisions.
Our Private Practice Division services the
full spectrum of law firms sourcing qualified
lawyers (both local and overseas admitted)
at all levels, from associates through to
partners; also practice support lawyers, paralegals
and business services positions.
Our Corporate Division services both
domestic and international companies sourcing
qualified lawyers (both local and overseas
admitted) at all levels, from legal counsels
through to regional general counsels;
corporate compliance officers; company secretaries;
and commercial/contract managers.
Our Banking & Finance Division services
the full financial services industry, from
bulge bracket investment banks to retail
banks and fund managers, and is responsible
for the recruitment of financial services executives,#p#分頁標(biāo)題#e#
lawyers (both local and overseas
admitted) at all levels, from legal counsels
through to regional general counsels;
compliance officers at all levels, from junior
compliance officers up to regional heads of
compliance; also documentation officers, paralegals
and mid-office personnel positions.
Recruitment
Specialists
Robert Walters Japan
Tel: 03-4570-1500 Fax: 03-4570-1599
www.robertwalters.com
www.robertwalters.co.jp
Robert Walters is one of the leading global specialist
recruitment firms operating across five
continents, with 23 offices in 13 countries. We
offer a highly professional and specialized service
across all industry sectors, and are proud
of the long-established track record we hold in
working with the world’s leading investment
banks and multinational corporations, to
smaller enterprises and business startups.
Robert Walters Japan office recruits positions
primarily in Tokyo, where our consultants
share a wealth of recruitment experience
and a thorough understanding of
domestic and worldwide market conditions.
We have an enviable reputation for sourcing
world-class bilingual professionals for international
firms operating in Tokyo in the
fields of Accounting and Finance, Banking,
Information Technology, Human Resources,
Sales and Marketing, and Secretarial and
Business Support.
Commercial Real
Estate Services &
Consulting
Mitsubishi Estate Co., Ltd.
Tel: 03-3287-5549 Fax: 03-3216-6161
http://office.mec.co.jp
Mitsubishi Estate is Japan’s leading comprehensive
real estate company. Mitsubishi
Estate owns/manages more than 30 office
buildings in Tokyo’s central business district;
Marunouchi, and a total of approximately
100 buildings in the major cities of Japan.
Marunouchi has been considered Japan’s
most prestigious office location for over 100
years, and still enjoys such a reputation
because of its proximity to Tokyo Station,
the nation’s largest railway hub, and the
Imperial Palace Gardens. The area possesses
the advantage of being home to 10% of the
companies listed on the First Section of the
Tokyo Stock Exchange.
Committed to further enhancing the value
of Marunouchi, we are undertaking continuous
redevelopment of the area. Starting with
the Marunouchi Building, completed in 2002,
seven redevelopment projects (including two
already completed), such as the Marunouchi
Kita-guchi Building that opened in
September, have been announced and more
projects are currently being planned.
Mitsubishi Estate is confident of fulfilling
your office-space needs with a full lineup of
high-quality office buildings located
throughout the nation.#p#分頁標(biāo)題#e#
February 2006 / ACCJ Journal / 43
Law | Special Advertising Section
Residential Real
Estate Services &
Consulting
Sumitomo Realty &
Development Co., Ltd.
Tel: 03-3346-9510 Fax: 03-3346-8260
www.sumitomo-rd.co.jp/
heights/english/index.html
Sumitomo Realty & Development is providing
around 2,100 rental rooms in 82 buildings that
promise the comfortable life you seek, with
the convenience of proximity to train stations
and easy access to the business distinct.
Our luxury, super high-rise brand “La
Tour” provides you spacious residential
units. Magnificent views overlooking the city
are yours to enjoy from the living rooms,
roof balconies and glass-walled baths.
“La Tour” offers a superior lifestyle that
satisfies such preferences, with everything
needed for executive living, from a sophisticated
security system to a 24-hour bilingual
concierge service. In addition, high-speed
Internet access at no extra cost and a fitness
room for exclusive tenant use are available.
No agent fee.
Translation Services
Honyaku Center Inc.
Tel: 03-6403-9951 Fax: 03-6403-9961
E-mail: [email protected]
www.honyakuctr.com
Optimal language solutions at competitive
prices! We aim to serve.
Presently, there are an estimated 2,000-
3,000 enterprises involved in commercial
translation throughout Japan. The majority
of these companies are small- to mediumsized
enterprises, and few approach the
quality standards and scale of market leader,
Honyaku Center Inc. Established in 1986, the
corporation is consistently upgrading its
technological and skill base to ensure highquality
work. Naturally, it is one of the most
highly regarded firms in the sector in Japan.
As Japan increasingly embraces information
technology (IT) such as wireless and
broadband Internet technology or ubiquitous
computing, Honyaku Center Inc. takes
pride in providing an essential service to
overcome the often-formidable barrier of
language: a full range of translation, localization
and ancillary work – for overseasbased
clients and for Japan-based clients
globalizing their operations.
With our extensive domestic branch network,
we have our finger on the pulse of
the nation's economy and can ensure optimal
access to high-caliber information and
technology sources, as well as the
Japanese markets.
When speed is of the essence, when the jargon
or technical field is so obscure that others
capitulate, Honyaku Center Inc. holds the key
to deciphering troublesome documents.
We look forward to serving you.
Human Resources
Management
Products
K.K. CrossVision#p#分頁標(biāo)題#e#
International
Tel: 03-3586-3053 Fax: 03-5545-7818
www.cvi.co.jp
Human Resources departments are facing
significant difficulties in selecting the right
payroll outsourcer – especially one with a
high-level of professionally integrated services
and the ability to provide expert advice
on local regulations. Often an outsourcer’s
selected payroll system is outdated, posing
serious security risks in maintaining the
integrity of employee personal data and conforming
to the Personal Information
Protection Law. Explicit needs such as bilingual
Web pay slips, gross-up calculations,
labor issues, as well as the inability to share
real-time data with overseas headquarters,
are beyond many outsourcers’ resources.
K.K. CrossVision International's (Cvi) bilingual
HR applications and payroll outsourcing
services directly address these needs - offering
a wide-ranging combination of expertise
– and chock-full of functionality. Certified
Social Insurance Labor Consultants and HR
professionals are strategically positioned to
provide hands-on services.
CVi’s ASP services offer clients flexible
access to their critical data, such as incometax
withholding slips and individual employee
information that can be easily queried via
secure Internet connections. Monthly attendance
and employee data can be effortlessly
uploaded through a secure SSL encrypted service,
thereby eliminating the need to use
insecure e-mail attachments. CVi’s specialists
can also assist your company with any laborrelated
issue, such as rules of employment,
employment contracts, regulations and more.
Accounting &
Business Process
Outsourcing
EOS Inc.
Tel: 03-5730-3635 Fax: 03-5484-2201
www.eosi.co.jp
EOS Inc. was established in April 2004 as a service
provider of payroll and accounting, separated
from one of the Big4 accounting firms.
We provide bilingual services with expertise
in payroll and finance/tax/accounting.
We are proud to say that every client of
ours is satisfied with our high-quality service
at reasonable prices. Clients are thereby able
to concentrate their management resources
on their core business when outsourcing to
us their back-office responsibilities not
directly related to their strategic objectives.
Our strength is that we have truly professional,
skilled staff to meet the needs of our
foreign-capital clients operating in Japan.
You will find EOS to be a most reliable outsourcing
service provider in Japan.
Meeting Venues
Porterhouse Steaks
Tel: 03-5771-5322
www.porterhouse.jp
Looking for the best place to conduct business
and enjoy the best steaks in Tokyo?#p#分頁標(biāo)題#e#
Located conveniently in Nishiazabu,
Porterhouse Steaks provides the appropriate
quiet corners to converse in legalese, as well
as satisfy the palate with a large selection of
the finest steaks and wines in Tokyo. We
stand alone as the only restaurant in Japan
that produces and serves “Dry Aged Beef.”
Bilingual (J/E) and/or native-speaking
staff will be attentive, yet also respectful of
customers who value their privacy when dining
with clients.
Overall, Japan has a shortage of legal skills. The country
has acknowledged this by increasing the number
of people permitted to qualify each year, but demand
is apparently staying well ahead of the increase. It may be
some time before the gap closes.
The past two years have been eventful ones in what until
recently was a fairly staid market for legal talent. We’ve
seen an up-tick in salaries and opportunities in legal and
compliance-related fields, owing to global economic
momentum and the recovery in Japan.
The overall jobless rate in Japan has been falling for over
two years. We may soon see the beginning of a boom in
the legal labor market. Japan-qualified Bengoshi, foreignqualified
Japanese nationals and foreign lawyers with
Japanese-language skills, all quite scarce, will be in even
greater demand.
At the same time, there have been disappointments,
including the closing of a couple of major law firms, as well
as some banks and securities companies. We can probably
expect further closings as private practices consolidate and
financial and corporate players re-evaluate their risk
appetites and decide whether to scale up or down. One
piece of good news is the number of new players, both law
firms and financial firms, across the landscape.
Following are some observations on various
sectors of the market.
Asset Management Legal
One major area of new jobs for both legal and compliance
professionals is in the field of asset management and private
banking. Early expectations that the Japanese equities
market would return proved prescient, and Asset
Management firms have significantly increased the size of
their operations, creating the need for onshore legal departments.
Where there were almost no legal departments in
Tokyo a year ago, now the majority of Asset Management
companies have local legal functions.
Compliance
Compliance, always a hot topic in Tokyo, also expanded
headcount in both asset management and securities/banks.
Market volumes (actual and expected) as well as regulatory
pressure (driven by scandals overseas and Japan’s ongoing
revision of its controls) create pressure for more hands and
eyes in the compliance field.
Bengoshi
The Bengoshi market continued to evolve in 2005, becoming#p#分頁標(biāo)題#e#
more fluid as supply (job seekers) continued to increase. We
saw in-house Bengoshi return to law firms, and more
Associates change jobs than ever before. This is significant
for the reason that non-Partner level Bengoshi may be beginning
to consider more individual or customized career paths
and options. We may now be seeing the advent of a new professional
Bengoshi. Associates, once tied to the senpai-kohai
relationship, are also gaining awareness of market forces and
considering individual career aspirations in the changing
marketplace. This should be welcome news to the market at
large and especially to the individuals themselves.
Foreign Lawyers
For the foreign lawyer job-seeker in Tokyo, the high bar of
bilingual English/Japanese and excellent Japan experience
has remained since the tight market days of 2001-2003.
This is unlikely to change. Still, specialized experience is of
high value in this market for the right employer.
Foreign-qualified Japanese Lawyers
These are the people who have everything this market
wants and needs: native-Japanese language skills, Englishlanguage
skills, foreign legal training and an understanding
of Japanese legal issues.
The above represent very general thoughts about basic
niches in the market. Japan is sometimes called “a developed
country with underdeveloped markets” for financial
and human capital. The sub-market for legal human capital
is one place where these strains converge to produce a
vibrant but tight market for lawyers. In response, recruiters
http://elviscollections.com/dissertation_writing/Law/must be well-networked and creative to serve the needs of
clients and candidates.
James Graham
Hudson Japan, Legal Practice Team
Tel: 03-3511-5668
February 2006 / ACCJ Journal / 45
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