COLUMNS
Columns
54 articles on Japanese law and practice, grounded in statutes and case law.
Divorce
Labor Issues
Labor Issues ・ 6 Nov 2026
Work Rules, Article 36 Agreements and Working Hours at a Japanese Subsidiary: What to Explain to Head Office
A guide for HR teams at Japanese subsidiaries of foreign companies, based on the statutory text: preparing and filing work rules (Labor Standards Act, Articles 89 and 90), the Article 36 agreement required for overtime and the statutory caps (Article 36), premium pay rates (Article 37), tracking working hours (Industrial Safety and Health Act, Article 66-8-3) and the five days of annual leave employers must designate (Article 39(7)). It also covers how global policies relate to Japanese work rules and points head office often misunderstands.
Labor Issues ・ 6 Nov 2026
Japan's Freelance Act: What Companies Commissioning Freelancers Must Do (Written Terms, Payment Within 60 Days, Prohibited Conduct, 30 Days' Notice)
A guide, based on the statutory text, to what companies commissioning freelancers must do under Japan's Freelance Act (Act on Ensuring Proper Transactions Involving Specified Entrusted Business Operators, in force from 1 November 2024): who is covered, written terms (Article 3), payment within 60 days of receipt (Article 4), prohibited conduct for commissions of one month or more (Article 5), recruitment information, consideration for childcare and family care, harassment measures, 30 days' notice for commissions of six months or more (Article 16), and recommendations, orders and fines.
Labor Issues ・ 3 Nov 2026
Dismissing an Employee in Japan: An Employer's Guide for Foreign-Owned Companies
What a foreign-owned company's Japanese subsidiary, or any employer of foreign staff, needs to know before dismissing an employee in Japan, based on the Labor Contract Act, the Labor Standards Act, the Labor Tribunal Act and MHLW guidance: why at-will termination does not work, grounds in the rules of employment, performance, disciplinary and redundancy dismissals, fixed-term contracts, prohibited periods, 30 days' notice or pay in lieu, the certificate of reasons, recommended resignation, labour tribunals, and how to brief headquarters.
Labor Issues ・ 3 Nov 2026
Hiring Foreign Nationals in Japan: An Employer's Checklist (Residence Status, Notifications, Working Conditions)
A checklist for HR teams at Japanese companies and Japanese subsidiaries of foreign companies hiring non-Japanese staff, based on the Immigration Control and Refugee Recognition Act, the Act on Comprehensive Promotion of Labor Policies, the Labor Standards Act and guidance from the Immigration Services Agency and MHLW: checking the residence card, the offence of facilitating illegal work (Article 73-2), notifying Hello Work of hiring and separation and the deadlines, written terms of employment, social insurance and minimum wage.
Labor Issues ・ 25 Oct 2026
Power Harassment in Japan: Definition, Six Types and What Employers Must Do (Updated for October 2026)
The three elements of workplace power harassment in Japan and the six types in the MHLW guidelines, with examples that do and do not qualify. Covers the move of the employer duty to Article 31 of the Act on Comprehensive Promotion of Labor Policies from 1 October 2026, the measures employers must take, fact-finding and records after a complaint, and the company's legal liability.
Labor Issues ・ 23 Oct 2026
Managing Remote Workers in Japan: Working Hours, Costs, Health and Safety, and Workers’ Compensation
Japanese labour law applies to remote work just as it does in the office. Based on the Ministry of Health, Labour and Welfare telework guidelines, this article covers recording working hours, when the deemed working hours system can be used, breaks during the day, home office costs and work rules, health and safety, and workers’ compensation.
Labor Issues ・ 21 Oct 2026
Childcare Leave in Japan: Eligibility, Duration, and Benefits
Guide to childcare leave in Japan including the 2022 reform introducing postnatal paternity leave.
Labor Issues ・ 25 Sept 2026
Side Jobs and Employment Law in Japan: Work Rules, Social Insurance, and Non-Compete Obligations
Legal issues for employees and employers regarding side jobs in Japan: enforceability of work rule prohibitions, the 2020 government guidelines, dual social insurance enrollment, and non-compete obligations.
Labor Issues ・ 18 May 2026
Japan Power Harassment Prevention Law 2020: Employer Duties & Victim Remedies
Short answer: Japanese employers MUST prevent power, sexual, and maternity harassment (PowaHara Act 2020/2022). Victims can pursue civil damages (Arts. 709/715), criminal charges, workers' comp, and labor tribunals. Foreign workers protected equally. 2026 guide
Labor Issues ・ 13 Mar 2026
Collecting Evidence of Workplace Harassment in Japan
Practical guide to collecting evidence of power harassment and sexual harassment in the Japanese workplace.
Labor Issues ・ 13 Mar 2026
Paid Annual Leave in Japan: Entitlements and Employer Obligations
Guide to paid annual leave in Japan including the mandatory 5-day usage requirement introduced in 2019.
Criminal Defense
Corporate Law
Corporate Law ・ 9 Nov 2026
Setting Up and Running a Company in Japan as a Foreign National: The New Business Manager Visa Criteria (from 16 October 2025) and Company Formation
A guide for foreign founders who want to incorporate a company in Japan and run it under the Business Manager status of residence, based on the new criteria in force from 16 October 2025 (JPY 30 million in capital, at least one full-time employee, B2-level Japanese, three years of experience or a master's degree, review by a business expert) and the incorporation procedure under the Companies Act. Also covers the transitional rule for current holders and what is checked on renewal.
Corporate Law ・ 5 Nov 2026
Buying a Japanese Company: Share Transfer vs Business Transfer, and What Due Diligence Covers
For companies, including overseas buyers, acquiring a small or mid-sized Japanese company: how a share transfer differs from a business transfer under the Companies Act, the Civil Code and the Antimonopoly Act, and MHLW guidelines. Approval of transfers of restricted shares (Companies Act, Articles 136-139 and 145), delivery of share certificates (Article 128), the special shareholder resolution for a business transfer (Articles 467 and 309(2)(xi)) and dissenting shareholders' appraisal rights (Article 469), the seller's non-compete (Article 21), liability where the trade name is continued (Article 22), individual employee consent (Civil Code, Article 625(1)), JFTC prior notification and the usual scope of legal due diligence.
Corporate Law ・ 3 Nov 2026
Acquiring or Investing in a Japanese Company: Prior Notification and Post-Investment Reports under Japan's Foreign Exchange Act
How Japan's Foreign Exchange and Foreign Trade Act applies when a foreign company buys shares in, or invests in, a Japanese company: who counts as a foreign investor, the one-share rule for unlisted companies and the 1% threshold for listed ones, designated sectors and prior notification, the 30-day waiting period and its extension, the prior-notification exemption and core sectors, 45-day post-investment reports, and the reform taking effect on 4 January 2027.
Corporate Law ・ 2 Nov 2026
Setting Up a Company in Japan: Kabushiki Kaisha (KK) vs Godo Kaisha (GK) — Differences, Costs and Procedure
A comparison of Japan's two main company forms, the kabushiki kaisha (KK) and the godo kaisha (GK): formation costs, governance, profit distribution, transfer of interests and public notice of accounts, with the steps to incorporate and points to consider when choosing.
Corporate Law ・ 31 Oct 2026
Can You Commercially Use Generative AI Output in Japan? Copyright Article 30-4 and Output-Stage Risk
A guide for businesses on whether generative AI output can be used commercially in Japan: Article 30-4 of the Copyright Act and its proviso, the similarity and reliance test at the output stage, how training data affects reliance, when AI-generated material is protected by copyright, injunctions, damages and criminal penalties, and steps you can take now.
Corporate Law ・ 23 Oct 2026
Entering Japan as a Foreign Company: Representative Office, Branch or Subsidiary, and the Governing Law of Your Contracts
How a foreign company can enter Japan through a representative office, a branch or a subsidiary, explained against the Companies Act: the ban on continuous transactions before registration, the representative in Japan, KK versus GK, governing law and jurisdiction clauses, Foreign Exchange Act filings, and the October 2025 changes to the Business Manager status of residence.
Corporate Law ・ 22 Oct 2026
Japan APPI Data Breach Reporting for Foreign Companies: Extraterritorial Reach, Deadlines and Notifying Individuals
Foreign companies that supply goods or services to people in Japan can be bound by Japan's data breach reporting duty even without a Japanese office. This guide covers extraterritorial reach, the four reportable situations, the preliminary report (roughly 3–5 days) and final report (30 days, or 60 days for wrongful-purpose incidents), notifying individuals, penalties and the amending act promulgated in July 2026.
Corporate Law ・ 22 Oct 2026
Director Liability in Japan: Duties, the Business Judgment Rule, Derivative Suits, and D&O Insurance
A practical guide for executives on directors' duties and liability under Japan's Companies Act: the duty of care and loyalty, the business judgment rule (Apamanshop case), conflict-of-interest approvals, subsidiary oversight, how derivative suits unfold, and liability limitation, indemnification and D&O insurance, with a checklist.
Corporate Law ・ 22 Oct 2026
Non-Compete Agreements in Japan: When Post-Employment Restrictions Are Enforceable, and How to Draft Them for Employees, Directors and M&A
How Japanese courts decide whether a post-employment non-compete is enforceable: the employer's interest, the person's position, duration, territory, scope and compensation. Covers the freedom to choose an occupation, key court decisions, retirement allowance forfeiture, trade secrets and confidentiality, drafting pledges and work rules, directors, Companies Act Article 21 in M&A, and injunctions and damages for breach.
Corporate Law ・ 22 Oct 2026
Data Breaches and Ransomware in Japan: Reporting Deadlines, Damages, Director Liability, and First Response
For companies facing a personal data leak or ransomware attack in Japan: PPC reporting deadlines, notice to individuals, vendor leaks, damages and director liability, a first-response timeline, and how the APPI differs from the GDPR.
Corporate Law ・ 22 Oct 2026
Cartels and Bid Rigging Under Japan's Antimonopoly Act: Surcharges, Leniency, Criminal Penalties and Compliance
A practical guide for executives, sales managers and compliance teams on cartels and bid rigging under Japan's Antimonopoly Act: what counts as an agreement, the surcharge system in force since December 2020 (10% rate, up to ten years), leniency and cooperation-based reductions, criminal penalties, commitment procedures, abuse of a superior bargaining position, and first steps during a JFTC dawn raid, with a checklist.
Corporate Law ・ 22 Oct 2026
Governing Law and Dispute Resolution in Cross-Border Contracts with Japan: Japanese vs New York Law, Arbitration and the CISG
Without a choice of law, a Japanese court applies the law most closely connected to the contract (Conflict of Laws Act, Art. 8). A Japan- and New York-qualified lawyer explains choosing Japanese or New York law, jurisdiction clauses, enforcing foreign judgments, arbitration under the New York Convention and Japan's 2024 Arbitration Act amendments, and excluding the CISG.
Corporate Law ・ 22 Oct 2026
Enforcing Foreign Judgments in Japan: The Enforcement Judgment, the Four Conditions of Article 118, Punitive Damages and Service
A practical guide for companies on enforcing US and other foreign judgments in Japan: the enforcement judgment suit, the four conditions of Article 118 (jurisdiction, service, public policy, reciprocity) as applied by the Supreme Court, punitive damages, the Hague Service Convention and service by mail, asset searches, arbitral awards, and enforcing Japanese judgments abroad, with a checklist.
Corporate Law ・ 22 Sept 2026
Labor Compliance for Japanese Companies: Key Regulations and Penalties
Comprehensive guide to labor compliance for Japanese companies, covering key regulations and penalties.
Corporate Law ・ 22 Sept 2026
Intellectual Property Basics in Japan: Patents, Trademarks, and Copyrights
Overview of intellectual property rights in Japan: patents, trademarks, designs, and copyrights.
Corporate Law ・ 22 Sept 2026
Trade Secret Protection Under Japan's Unfair Competition Prevention Act
How to protect trade secrets under Japan's Unfair Competition Prevention Act, including the three requirements, remedies for misappropriation, and best practices for management.
Corporate Law ・ 22 Sept 2026
Design Right Protection in Japan: Registration, Scope, and Enforcement
A practical guide to registering and enforcing design rights in Japan under the Design Act, including the 2020 expansion to interiors and buildings.
Corporate Law ・ 22 Sept 2026
Personal Data Breach Notification in Japan: APPI Obligations and Response Procedures
Japan's mandatory breach notification obligations under the amended APPI: which incidents trigger reporting, timelines, content requirements, and best practices.
Corporate Law ・ 30 Mar 2026
Patent Application Basics in Japan: Process, Costs, and Examination
A practical guide to filing patent applications in Japan, covering procedures, costs, and examination tips under the Patent Act.
Corporate Law ・ 30 Mar 2026
International Commercial Arbitration Basics: Procedure, Major Institutions, and Japanese Law
A practical introduction to international commercial arbitration: advantages over litigation, choosing an institution (ICC, JCAA, SIAC, etc.), drafting arbitration clauses, and Japan's Arbitration Act.
Corporate Law ・ 24 Mar 2026
Complete Guide to Trademark Registration in Japan: Process, Costs & Handling Rejections
A comprehensive guide to trademark registration in Japan, including the application process, costs, examination timeline, and how to handle rejections.
Corporate Law ・ 24 Mar 2026
Entertainment Contract Basics in Japan: Talent, Appearance & Licensing Agreements
An overview of key contract types in Japan's entertainment industry, including talent agreements, appearance contracts, and music/video licensing deals.
Corporate Law ・ 13 Mar 2026
Shareholders' Meeting Procedures in Japan: From Notice to Resolution
Guide to shareholders' meeting procedures in Japan, including notice requirements and resolution types.
Corporate Law ・ 13 Mar 2026
Whistleblower Protection Act in Japan: Employee Rights and Corporate Obligations
Japan's Whistleblower Protection Act (2022 reform): employee protections and corporate compliance obligations.
Real Estate
Consumer Issues
Consumer Issues ・ 25 Sept 2026
Talent Agency Contract Disputes in Japan: Exclusive Clauses, Penalties, and Exit Rights
Legal issues in talent agency contracts: unfair exclusive clauses, excessive penalty clauses, and remedies for artists seeking to exit their agency under Japanese law.
Consumer Issues ・ 30 Mar 2026
Legal Regulation of Game Gacha in Japan: Prohibited Mechanics, Prize Display Act, and Payment Services Act
Japan's legal framework for game gacha mechanics: the ban on complete gacha (Prize Display Act), probability disclosure requirements, in-game currency regulation, and minor protection rules.
Internet Issues
Internet Issues ・ 22 Oct 2026
Generative AI and Copyright in Japan: Who Owns AI Output, When It Infringes, and Article 30-4 on Training
Whether AI output is protected by copyright in Japan (creative contribution), when using it infringes (similarity and reliance), and how Article 30-4 and its proviso apply to AI training — based on the Agency for Cultural Affairs' General Understanding on AI and Copyright and its Checklist & Guidance. Also covers AI service terms, internal policies, responding to infringement claims, and the U.S. human authorship requirement.
Internet Issues ・ 22 Oct 2026
Cookie Rules in Japan: The External Transmission Rule, APPI Consent, and How Japan Differs from the GDPR
Japan's cookie rules on two tracks: the Telecommunications Business Act's external transmission rule (Article 27-12) and the APPI's rules on personally related information (Article 31). Covers who is in scope, the three items to notify or publish, exceptions, differences from the GDPR and ePrivacy Directive, the 2026 APPI amendment, and practical steps for tag inventories, CMPs and vendor contracts.
Internet Issues ・ 22 Oct 2026
Music Licensing in Japan: A Practical Guide to JASRAC, NexTone, Master Rights, Background Music, Video, and AI
Using music commercially in Japan requires clearing both the song copyright and the neighboring rights in the recording. This guide covers JASRAC and NexTone, performance, transmission and reproduction rights, sync and master licensing, the limits of platform licenses, the 2026 amendment on background music, generative AI, and contract checkpoints.
Internet Issues ・ 22 Sept 2026
Legal Remedies for Revenge Porn in Japan
Legal remedies for non-consensual intimate images in Japan, including removal requests and criminal complaints.
Internet Issues ・ 22 Sept 2026
Social Media Crisis Management: Legal Responses in Japan
Legal strategies for managing social media crises in Japan, including defamation claims and sender disclosure requests.
Internet Issues ・ 22 Sept 2026
Cyberstalking Laws in Japan: Legal Definitions and Remedies
Overview of cyberstalking regulations under Japan's Anti-Stalking Act, including the 2021 amendments covering GPS and social media.
Internet Issues ・ 22 Sept 2026
Cyberbullying & School Liability in Japan: Parent's Legal Guide
Short answer: Schools owe duty of care under Bullying Prevention Act 2013. Parents can pursue civil damages + criminal charges (defamation Art. 230, insult Art. 231). Anonymous bullies unmasked via 2022 Provider Liability Act one-step disclosure.
Internet Issues ・ 22 Sept 2026
Online Privacy Invasion in Japan: Legal Remedies for Unauthorized Disclosure
Legal remedies for online privacy violations in Japan: right to privacy, deletion, and damages.
Internet Issues ・ 22 Sept 2026
Japan's Personal Data Protection Law: Rules for Businesses and Penalties for Violations
An overview of Japan's Act on Protection of Personal Information (APPI), covering key obligations for businesses, the 2022 amendments, and penalties for non-compliance.
Internet Issues ・ 22 Sept 2026
Copyright Infringement Remedies in Japan: Takedown, Damages, and Criminal Complaint
Three remedies for copyright infringement in Japan — content removal, civil damages, and criminal complaint — with the legal requirements for each.
Internet Issues ・ 18 May 2026
GDPR & Japan APPI 2026: Compliance Guide for EU Companies
Short answer: Japan and EU mutually grant adequacy (2019) — no SCC required for EU→Japan transfers, but supplementary rules apply. 2022 APPI amendment adds destination-country disclosure obligation for Japan→foreign transfers. 2026 lawyer guide
Internet Issues ・ 30 Mar 2026
System Development Contract Disputes in Japan: Defects and Breach of Contract
Legal guide to system development contract disputes in Japan, covering defect liability, breach of contract, and project management obligations.
Internet Issues ・ 30 Mar 2026
Legal Issues in SaaS Terms of Service: Validity, Amendments, and Disclaimers
Legal guide to SaaS terms of service in Japan, covering enforceability, standard contract rules, change procedures, and consumer protection limits.
Internet Issues ・ 13 Mar 2026
Online Defamation: How to File a Sender Disclosure Request in Japan
How to identify anonymous online defamers through sender disclosure requests in Japan, including the 2022 legal reform.
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