Japan

Our Focus

Corporate and Operations

We understand the corporate and transactional needs of our Japanese clients, who often operate with limited staffing in the United States and require assistance in navigating the United States legal landscape. We regularly advise our clients on United States corporate governance and compliance along with matters relating to employment (including executive employment contracts, employee handbooks, discrimination claims, trade secrets, and non-competes), immigration, real estate leasing, product issues (including regulatory approvals and plaintiff’s claims), vendor contracts, and most other day-to-day business issues that arise when operating a business in the United States.

We regularly advise clients on transactions, including acquisitions or dispositions of businesses and real estate, joint ventures, and financings, whether through banks or by means of private and public offerings of equity and debt, and securities compliance.

International Trade and CFIUS

We advise clients on all aspects of customs/import compliance, global trade policy, international trade litigation, export controls (International Traffic in Arms Regulations or “ITAR” and Export Administration Regulations or “EAR”) and economic sanctions, and international anti-corruption and the Foreign Corrupt Practices Act. We help clients with export/import classifications/jurisdictions, obtain export licenses and other authorizations and comply with the trade laws. We also handle investigations of violations and represent clients in voluntary disclosures to the agencies and the United States government criminal and civil investigations. In addition, we provide transaction support on Committee on Foreign Investment in the United States (CFIUS) inbound investment matters as well as advice regarding potential future outbound investment prohibitions and reporting requirements.

Intellectual Property

ArentFox Schiff is a go-to IP firm for Japanese companies operating in the United States. Our patent practice has its origins in a Japanese boutique firm that merged with ArentFox Schiff over two decades ago. As a result, the “back office” at our firm includes dedicated staff for docketing, formalities, and other specialized patent prosecution functions, in addition to the standard secretarial support for our attorneys and agents. We are also a destination shop for Japanese companies in every other area of IP, including trademark, copyright, and licensing. ArentFox Schiff also advises on best practices for websites, privacy, and similar matters.

Immigration and Benefits

We have significant experience obtaining work authorization for employees of Japanese companies coming to work in the United States. This includes counseling the company on the appropriate corporate structure in the US (branch, affiliate, subsidiary, joint venture, parent) to meet the company’s short- and long-term goals. We will develop a cost-effective strategy such as registering the company as a treaty investor or treaty trader under the US’s treaty with Japan so that Japanese citizens can be employed in the United States in executive, supervisory, or essential skills positions, setting up a Blanket L intracompany transferee program to allow executives, managers or specialized knowledge employees to be transferred to the United States, or filing individual petitions with US Citizenship and Immigration Services for a person of extraordinary ability or other types of work authorization. Our services include the visa application process at the US embassy in Tokyo, Japan, the US consulate in Osaka, and other locations. We can also provide training and counseling regarding the proper completion of Form I-9, Employment Eligibility Verification, which all US employers must complete for their employees in the United States.

Compensation and employee benefits are key to attracting, incentivizing, and retaining employees. We have significant experience counseling multinational companies with employees in the United States on the myriad of complex laws, including the Employee Retirement Income Security Act and the US Internal Revenue Code, that govern compensation and benefits. We will guide clients through the structuring, design, implementation, and compliance of broad-based employee benefits and compensation programs for their employees, including retirement plans, health plans, and incentive programs. In addition, we partner with company boards and management to structure and implement equity-based and incentive programs specifically designed to align the interests of executives with those of the company. We will advise companies on governance and fiduciary issues designed to minimize risk in the operation and administration of retirement and health and welfare benefit programs, such as establishing benefit plan committees and investment subcommittees, preparing board and committee resolutions, negotiating service provider and vendor agreements, and reviewing and preparing investment policy statements and fiduciary training.

Litigation and Arbitration

Armed with more than 200 litigators, ArentFox Schiff lawyers have also argued and defended thousands of civil and criminal cases in both federal and state courts across the United States and before regulatory agencies and arbitral tribunals around the globe. Our International Arbitration & Dispute Resolution practice provides a unique perspective that appreciates the international nature of each dispute, the unique interests of the parties, and the intricacies of the international arbitral process. Our team is led by attorneys with extensive experience in international dispute resolution and strong government and diplomatic backgrounds. This experience gives us the deepest understanding of the key decision points that are critical in navigating complex international matters and managing government regulation.

Private Clients, Trusts, and Estates

Japanese citizens with significant assets in the United States, long-term United States residency, or family members who are United States citizens will have unique issues in their long-term financial planning and strategies for holding United States investments and real estate. We devise and implement strategies for our Japanese clients that meet their goals and plan for stewardship for future generations. Our lawyers guide families and fiduciaries through the difficult time following the death or disability of a loved one, which can be even more difficult when assets and family members are in multiple jurisdictions.