Application of the U.S. FCPA since the Beginning of the Second Trump Administration - Points to Note for Japanese Companies under the New Guidelines - | Publications

Application of the U.S. FCPA since the Beginning of the Second Trump Administration - Points to Note for Japanese Companies under the New Guidelines -

Authors： Kazuhiro Kobayashi
Magazine/Book：The Association of Corporate Legal Departments Report No.625 (March 2026)
Publisher：The Association of Corporate Legal Departments
Practice： Bribery, Financial and Governmental Regulations Global Compliance Construction / Infrastructure North America Mexico, Central America, South America, and the Caribbean
Date of publication： March, 2026

Other publications by Kazuhiro Kobayashi

2026.03.10: Notes on a Governing Law Clause in International Contracts (4) Certain Governing Law Clauses Which Become Issues in Practice

2025.12.10: Notes on a Governing Law Clause in International Contracts (3) Applicable Law Notwithstanding a Governing Law Clause

2025.10.10: Petition for a Ruling on Arbitral Tribunal Jurisdiction under Article 23,Paragraph 5 of the Arbitration Act of Japan (Japan Commercial Arbitration Journal VOL. 6 ［2025］)

2025.09.10: Notes on a Governing Law Clause in International Contracts (2)Limitation on Party Autonomy in the Governing Law Clause and the Effect of the Governing Law Clause on Non-Contractual Claims

2025.06.10: Notes on a Governing Law Clause in International Contracts (1) Purpose of a Governing Law Clause and Party Autonomy

2024.12.28: International Licensing and Technology Transfer: Practice and the Law - Chapters 2, 5, 6, 7 (each Japan part)

2024.09.20: Practical Issues in Enforcing International Settlement Agreements Resulting from Mediation

2023.12.22: Recent Amendments to the Arbitration Act and the New Mediation Law concerning the Enforcement of International Mediation - Part II

2023.10.02: Revision of the Arbitration Act and Signing of the United Nations Convention on International Settlement Agreements Resulting from Mediation

2023.09.25: Scope, Amount and Sharing of Arbitration Expenses and Court Costs in Japan

2023.09.22: Recent Amendments to the Arbitration Act and the New Mediation Law concerning the Enforcement of International Mediation – Part I

2022.07.01: Economic Sanctions Against Russia and Other Countries - Measures to Prohibit Export and Others

2021.11.02: International Comparative Legal Guides: Private Equity 2021, Japan Chapter

2021.09.14: Arbitration Clauses under Revised JCAA Arbitration Rules

2021.08.24: Global Legal Insights to: Pricing & Reimbursement 2021（Fourth Edition） Japan Chapter

2020.08.19: Global Legal Insights to: Pricing & Reimbursement 2020（Third Edition） Japan Chapter

2020.05.22: Legal Challenges Magazine: Doing Business in Japan

2019.12.20: International Legal Practice

2019.08.30: Global Legal Insights to: Pricing & Reimbursement 2019（Second Edition） Japan Chapter

2019.08.21: Arbitration Clauses under New JCAA Arbitration Rules

2016.09.30: Protecting Personal Information Beyond the Borders of Japan

2015.06.10: Q&As on the Business Legal Practice: Business Expansion to Overseas Markets by Small and Medium-Sized Companies (1)

2015.05.26: Joint R&D Agreement Handbook- Practices and Examples of Japanese-English Provisions

2013.10.01: Special Issue to Indonesian Business Law Commentary, Franchise Regulation　- Service Industry with more Restrictions on Foreign Investment than Manufacturing -

2012.11.01: Product Recall, Liability and Insurance

2012.05.01: First Special Topic: Points of Review of English Agreements - Distributorship or Agency Agreement -

2012.02.20: US Bankruptcy Law Part II

2012.02.15: Commentary on United Nations Convention on Contracts for the International Sales of Goods Vol.8

2011.12.01: Practical Guide to the CISG: Through a Comparison with Japanese Civil and Commercial Law

2011.01.21: US Bankruptcy Law Part I

2007.01.01: The Japanese Language Translation of IBA Guidelines on Conflicts of Interest in International Arbitration

2006.12.01: Japan Corporation Law Guide

2006.10.01: International Distributorship/Agency Agreement

2006.04.01: Confidentiality Agreement

2006.04.01: Guide to International Legal Practice (1) to (11)

2026.03.26: Application of the U.S. FCPA since the Beginning of the Second Trump Administration - Points to Note for Japanese Companies under the New Guidelines -

2025.08.05: U.S. Bankruptcy Proceedings (5): License Agreements (Intellectual Property Rights)

2025.08.05: U.S. Bankruptcy Proceedings (4): Support by Sponsors (Section 363 Sales)

2025.08.05: U.S. Bankruptcy Proceedings (3): First Day Motions

2025.08.05: U.S. Bankruptcy Proceedings (2): Measures that May be Taken by Creditors in Transactions

2025.08.05: U.S. Bankruptcy Proceedings (1): Effects of the Automatic Stay and Related Practical Considerations

2025.07.01: Increased Importance of Security and Export Control Under the Trump Administration

2024.10.28: What are the Laws and Regulations Governing Cross-border E-commerce? With a Focus on the Risks of Consumer Protection Laws in the U.S. and the EU

2024.04.10: Foreign Filling Restrictions of Major Countries －Mechanisms to Restrict Foreign Filing of Sensitive Inventions－

2023.12.25: [Serial Article/Legal Affairs for Companies Expanding Overseas] [No.9] Climate Change and Corporate Litigation Risk

2023.11.20: Inventions Made Across Boarders and the Attachment Foreign Filling Restrictions: Conflicts in the Restrictions and How They Are Handled

2023.10.02: Cyberattacks, cybersecurity, and economic security…? Take a Pause to Consider them

2023.08.25: National Security and Business: Conflict of Nations and Regulation of Specific Companies

2023.01.13: [US Export Administration Regulations (EAR)] Expansion of the Extraterritorial Coverage of the US EAR (Direct Product Rule)

2022.03.01: Summary of Countermeasures for Counterfeit Products in the US

2021.04.01: Patent Enforcement Practices Before, During and After Patent Litigation Proceedings in Japan – A Comparative Analysis with Germany and the United States –

2021.03.31: Protection of Geographical Indications under the TPP and Japan-EU Economic Partnership Agreement (EPA)

2021.01.01: The Ways of Limiting Injunctive Relief in Patent Infringement Litigation and their Effects – Current Japanese Practices and Suggestions for their Future Improvements, based on the Recent Trends in Germany and the United States –

2020.07.29: Elpida Memory Corporate Reorganization Proceedings – International Bankruptcy Case of a Semiconductor Memory Manufacturer that Obtained a Decision of Recognition of a Reorganization Plan [in Japan]

2019.10.21: DOJ Dawn Raid Preparation and Response Checklist (Part 2) ~Contemplating Compliance Programs for Global Corporations based on Overseas Practice of Competition Laws~

2019.09.21: DOJ Dawn Raid Preparation and Response Checklist (Part 1) ~Contemplating Compliance Programs for Global Corporations based on Overseas Practice of Competition Laws~

2019.07.09: Various Aspects of the US Bankruptcy Law #5 –Venue for Chapter 11 filings

2019.03.01: Schmidt's Deodorant Company (Natural Deodorant Products), Report #6127, NAD/CARU Case Reports (10/27/2017) - A Case Study where Advertising Claims based on General Customers' Reviews were Found Inappropriate in the US -

2017.11.27: Lecture on Practices of the U.S. Antitrust Laws

2015.02.01: Reading of U.S. Supreme Court Cases: Commentary on Intellectual Property and Business Cases in the 21st Century

2014.05.01: Document Production Procedure and the Scope of Privilege in Investment Treaty Arbitration

2008.12.01: "Emergency Measures to Rescue Financial Institutions in the US,"

2008.11.01: "Formulation of Financial Institution Rescue Measures in the United States"

2006.04.01: Guide to International Legal Practice (1) to (11)

2003.01.01: "Q&A on Reorganization of US Branches and Subsidiaries - Procedures, Tax/Legal Issues under Local Legislation,"

2002.10.01: "US-Japan Comparison - Tax and Legal Matters of Financial Instruments,"

2002.09.01: "Tax Q&A on Corporate Restructuring Across Japan and the US"

2026.03.26: Application of the U.S. FCPA since the Beginning of the Second Trump Administration - Points to Note for Japanese Companies under the New Guidelines -

2012.12.01: Indirect Expropriation, Fair and Equitable Treatment Obligations, and Valuation Standards and Methods of Damages under CAFTA

2026.03.26: Application of the U.S. FCPA since the Beginning of the Second Trump Administration - Points to Note for Japanese Companies under the New Guidelines -

2019.04.30: The Practice and Prospects of Cooperation Process in Japan Criminal Investigations

2026.03.26: Application of the U.S. FCPA since the Beginning of the Second Trump Administration - Points to Note for Japanese Companies under the New Guidelines -

2025.11.28: Issues of Dual Compliance in Cross-Border Internal Investigations between Japan and China and Responses Thereto

2023.11.28: Response to the Risk of Misconduct in Business in China (5) - Changes in the Business Environment in China and Efforts to Maintain Business Health

2023.09.29: Response to the Risk of Misconduct in Business in China(4) - Effect of Cross-border Data Regulations of China: Handling of Personal Information or the like in Internal Investigations

2021.03.01: Corporate Governance and Internal Investigations in Europe (3) – Protection of Whistleblowers

2021.03.01: Corporate Governance and Internal Investigations in Europe (2) – Protection of Personal Data

2021.03.01: Corporate Governance and Internal Investigations in Europe (1) - Overview

2019.10.21: DOJ Dawn Raid Preparation and Response Checklist (Part 2) ~Contemplating Compliance Programs for Global Corporations based on Overseas Practice of Competition Laws~

2019.09.27: Points to Note in the Governance of Overseas Subsidiaries in View of Group Guidelines and Actual Examples of Corporate Scandals

2019.09.21: DOJ Dawn Raid Preparation and Response Checklist (Part 1) ~Contemplating Compliance Programs for Global Corporations based on Overseas Practice of Competition Laws~

2026.03.26: Application of the U.S. FCPA since the Beginning of the Second Trump Administration - Points to Note for Japanese Companies under the New Guidelines -

2024.09.27: An Overview of the New Carbon Dioxide Capture and Storage Business Act

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