Practices of Management of Confidential Information in Secondment of Employees - Analysis from the Perspectives of Employment Law and Intellectual Property Law Japan Business Law Review (October 2026)

Authors： Takashi Komoguchi Ayaka Sugino
Magazine/Book：Business Homu, October 2026
Publisher：Chuokeizai-sha
Practice： HR, Pensions and Benefit Programs Labor Disputes and Proceedings Labor Disputes and Proceedings Employment Consulting Unfair Competition Intellectual Property Transactions
Date of publication： August 20, 2026

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Legal considerations in decisions on reinstatement and post-reinstatement issues: recent case law (Special issue: How can return to work be achieved smoothly? Past, present, and future perspectives on return-to-work support)
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2025.02.01
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2024.11.21
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[Court Case] A Case in which the Status as an Employee under the Labor Standards Act was Affirmed with Respect to an Idol Group Member
2024.07.19
Summary of Major Issues Concerning the Handling of Health Information at the Workplace
2024.07.19
Examination of the “Non-statutory Medical Examination” and the “Employee with Suicidal Thoughts”
2023.12.30
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2023.12.30
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[Court Case] A Case in which the Application of the System of Deemed Working Hours Outside the Workplace was Denied for Medical Reps
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[Court Case] A Case in which the Disciplinary Dismissal of an Employee who Refused a Relocation Order because he Had to Take Care of his Child with a Chronic Illness and Elderly Mother was Found Valid
2023.07.06
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2020.11.20
Corporate Compliance on Utilization of External Human Resources - Intersection of Antimonopoly Act and Employment Law
2020.04.01
Way of thinking on Abuse of a Superior Bargaining Position in Transactions with Consumers
2019.12.25
Vertical Restraints in Competition Law (U.S. and EU)
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~
2019.10.07
[Expert Analysis] Digital Platforms Must Heed Japanese Antitrust Law Updates
2019.09.27
Recent Movements for New Regulations and Enforcement in Japan: In the Context of Digital Platforms and Competition Law
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~
2019.02.01
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Practices of Management of Confidential Information in Secondment of Employees - Analysis from the Perspectives of Employment Law and Intellectual Property Law Japan Business Law Review (October 2026)
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2026.03.18
[Court Case] A Case in which a One-year Fixed-term Labor Contract was Found to Constitute a Probationary Employment Period under a Labor Contract without a Fixed Term for the Purpose of Assessing Professional Aptitude. 
2026.03.18
[Court Case] A Case in which Wage Reduction Following Re-employment after Mandatory Retirement was Found not to Constitute a Tort under the Act on Employment Security of Elderly Persons
2026.03.18
[Court Case] A Case in which the Dismissal of a Mid-career Sales Employee during the Probationary Employment Period was Found Invalid
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[Court Case] A Case in which a Disposition of Disciplinary Dismissal of Fire Defense Personnel was Found Valid for Reasons Including Excessive Guidance Over the Years
2025.12.17
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2025.06.18
[Court Case] A Case in which Status as a Person in a Position of Supervision or Management was Recognized for a Manager of a Used Car Dealership
2025.06.18
[Court Case] A High Court Decision that Reversed a District Court Decision that Had Determined a Company’s Exercise of its Right to Change the Period of Requested Paid Leave was Unlawful, and Determined such Exercise was Lawful
2025.06.18
[Court Case] A Case which Affirmed Non-renewal of a Fixed-term Employment Contract in Post-Retirement Re-Employment Due to Failure to Reach an Agreement on Changes to Less Favorable Terms and Conditions
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2025.03.19
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2025.03.19
[Court Case] The Case Affirming that Nap Hours when Workers were not Actually Engaged in Work are Working Hours and Denying the Application of the Monthly Flexible Working Hours System
2025.03.19
[Court Case] Validity of Dismissal of a Worker who Blew the Whistle
2025.02.01
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[Court Case] A Case in which the Employer’s Unilateral Relocation Order Despite an Agreement to Limit the Job Type was Determined to be Unlawful
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[Court Case] A Case in which a Reduction of Retirement Allowance Based on Breach of the Post-Termination Non-Competition Clause in the Employment Agreement was Determined to be Valid
2024.12.18
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2024.09.18
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[Court Case] The Supreme Court Decision on whether or not the System of Deemed Working Hours Outside the Workplace Applies
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[Court Case] A Case in which the Status as an Employee under the Labor Standards Act was Affirmed with Respect to an Idol Group Member
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2024.07.19
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2024.07.19
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2024.07.19
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2024.06.19
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[Court Case] A Case in which it was Determined Valid to Refuse Renewal of a Fixed-term Employment Contract that has a Non-renewal Clause Added after Several Renewals
2023.12.20
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2023.11.24
[Serial Article/Legal Affairs for Companies Expanding Overseas] [No.8] Duties of Companies to their Employees in Overseas Countries During a Crisis Therein and the Response to Such Crisis – From the Perspectives of Governing Law and Duty of Care for Safety
2023.07.18
Doing Business In... 2023 Trends and Developments
2023.07.06
Handling of Genetic Information in the Workplace and Practical Actions -- Approach Using Hypothetical Cases Concerning Hereditary Tumors Symposium - From a Lawyer’s Perspective (essay based on the presentation at Symposium No. 3, the Second Academic Congress, The Japan Association of Occupational Health Law)
2023.06.15
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2023.06.08
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2022.04.01
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2022.03.20
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2021.12.20
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2021.05.15
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2021.03.01
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2020.09.07
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2019.12.20
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2019.07.01
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(Selected by Attorneys!) Important Labor Case No. 161: The Case of E, a Medical Corporation (overtime work of an obstetrician)
2018.01.01
(Selected by Attorneys!) Important Labor Case No. 155: The Case of the Harada Gakuen, an Incorporated Educational Institute (validity of an order changing the duties of a personwith visible impairments)
2017.06.01
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2026.08.20
Practices of Management of Confidential Information in Secondment of Employees - Analysis from the Perspectives of Employment Law and Intellectual Property Law Japan Business Law Review (October 2026)
2026.06.20
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2025.06.30
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2025.06.30
Analysis of the Sharp NEC Display Solutions Case, Examining Return-to-Work Assessment Criteria and the Scope of the Court Decision
2024.11.21
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2024.07.01
Operation of Death Retiement Benefit Payment by Companies in consideration to the Supreme Court Decision of March 26, 2024, Judicial Decision No. 1836, p. 3.
2024.03.19
[Court Case] The Supreme Court Decision on the Basic Wage and Bonus of Employees Re-hired Following Retirement upon Reaching the Retirement Age
2024.03.19
[Court Case] Duty of Care to Maintain an Appropriate Working Environment with Respect to a Transgender Employee
2023.12.30
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2023.11.24
[Serial Article/Legal Affairs for Companies Expanding Overseas] [No.8] Duties of Companies to their Employees in Overseas Countries During a Crisis Therein and the Response to Such Crisis – From the Perspectives of Governing Law and Duty of Care for Safety
2023.06.08
[Court Case] A case in which an Employee who Refused to be Transferred was Allowed to Claim for Restitution of the Six-Month Wage Difference (120,000 Yen) Between Job Groups Based on the Provisions of the Rules of Employment
2023.06.08
[Court Case] A case in which the Validity of a Fixed Amount of Overtime Pay was Denied Based on the Process of Introducing a New Salary Structure
2022.11.18
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2019.10.01
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2018.04.13
Anti-Monopoly Law Issues that HR Persons Should Note – Prompted by the Study of U.S. and Japanese Competition Authorities
2017.06.01
Lawyers Guide - Labor/Tax edition A Supplementary Volume to Business Law Journal No.113 (August 2017)

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2026.05.10
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2026.04.24
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2024.09.27
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2023.04.03
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2022.03.01
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2022.02.17
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2022.02.04
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Other publications about HR, Pensions and Benefit Programs

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Handling of Genetic Information in the Workplace and Practical Actions -- Approach Using Hypothetical Cases Concerning Hereditary Tumors Symposium - From a Lawyer’s Perspective (essay based on the presentation at Symposium No. 3, the Second Academic Congress, The Japan Association of Occupational Health Law)
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Other publications about Unfair Competition

2026.08.20
Practices of Management of Confidential Information in Secondment of Employees - Analysis from the Perspectives of Employment Law and Intellectual Property Law Japan Business Law Review (October 2026)
2025.07.24
Amendments to the Unfair Competition Prevention Act
2025.01.20
Article 10 (Orders to Protect Confidentiality); Article 11 (Rescission of Protective Orders)
2025.01.10
Basic Knowledge Concerning Trade Secrets – Recent Court Decisions and Management as Confidential Information
2024.07.24
Brief Analysis of the Provisional Rules for the Prevention of Unfair Network Competition
2024.01.12
Business Use of Generative AI (Part II) - Formulation of Internal Rules Regarding Use of Generative AI
2024.01.12
Business Use of Generative AI (Part I) - Legal Considerations for Use Cases for Each Department
2024.01.12
Outline of Act for Partial Revision of the Unfair Competition Prevention Act, etc.
2023.08.24
Thematic-based: Legal Practice in the Healthcare Business
2023.02.28
National Comparison Tables - Japan part
2022.03.01
Summary of Countermeasures for Counterfeit Products in the US
2020.06.27
Lawyers' Knowledge on Competition Law Practice
2017.11.27
Lecture on Practices of the U.S. Antitrust Laws
2017.05.01
JAPAN Section/Protection and Disclosure of Trade Secrets and Know-How
2015.03.01
Handbook on Joint Research and Development Agreement
2014.09.05
Article 10 (Orders to Protect Confidentiality); Article 11 (Rescission of Protective Orders)

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Other publications about Labor Disputes and Proceedings

2026.08.20
Practices of Management of Confidential Information in Secondment of Employees - Analysis from the Perspectives of Employment Law and Intellectual Property Law Japan Business Law Review (October 2026)
2026.06.20
Legal considerations in decisions on reinstatement and post-reinstatement issues: recent case law (Special issue: How can return to work be achieved smoothly? Past, present, and future perspectives on return-to-work support)
2026.06.17
[Court Case] Aggregation of Hours Worked across Jobs including Side Jobs or Concurrent Jobs, and Claims for Premium Wages for Overtime Work
2026.06.17
[Court Case] A Case in Which it was Determined Unlawful to Retain and Refuse to Return Passports of Foreign Workers
2026.06.17
[Court Case] A Case in Which the Doctrine Regarding Non-renewal of Fixed-term Contracts was Not Applied to Employment after 65 Years of Age
2026.03.18
[Court Case] A Case in which a One-year Fixed-term Labor Contract was Found to Constitute a Probationary Employment Period under a Labor Contract without a Fixed Term for the Purpose of Assessing Professional Aptitude. 
2026.03.18
[Court Case] A Case in which Wage Reduction Following Re-employment after Mandatory Retirement was Found not to Constitute a Tort under the Act on Employment Security of Elderly Persons
2026.03.18
[Court Case] A Case in which the Dismissal of a Mid-career Sales Employee during the Probationary Employment Period was Found Invalid
2025.12.17
[Court Case] A Case in which a Disposition of Disciplinary Dismissal of Fire Defense Personnel was Found Valid for Reasons Including Excessive Guidance Over the Years
2025.12.17
[Court Case] A Case in which Worker Status was Denied with Respect to a Writer of Internet Articles
2025.12.17
[Court Case] A Case in which a Disposition of Non-payment of Retirement Allowance for Reasons including Embezzlement of Fares of 1,000 yen was Found Valid (A Case of a Local Public Employee)
2025.12.01
PANORAMIC NEXT - Labour & Employment 2025 - Japan Chapter
2025.09.17
[Court Case] A Case in which a Person who Reported Racial Harassment was Disciplined for his Post-Investigation Speech and Behavior
2025.09.17
[Court Case] Whether it Constitutes Power Harassment when a Superior Reprimanded his Subordinate via Email with Others Included as Recipients
2025.09.17
[Court Case] Issues Arising from Preparing a Contract with Working Conditions Different from Those in the Job Posting prior to the Commencement of Work
2025.06.30
Legal Issues and Challenges in Supporting the Balance Between Treatment and Work
2025.06.30
Analysis of the Sharp NEC Display Solutions Case, Examining Return-to-Work Assessment Criteria and the Scope of the Court Decision
2025.06.18
[Court Case] A Case in which Status as a Person in a Position of Supervision or Management was Recognized for a Manager of a Used Car Dealership
2025.06.18
[Court Case] A High Court Decision that Reversed a District Court Decision that Had Determined a Company’s Exercise of its Right to Change the Period of Requested Paid Leave was Unlawful, and Determined such Exercise was Lawful
2025.06.18
[Court Case] A Case which Affirmed Non-renewal of a Fixed-term Employment Contract in Post-Retirement Re-Employment Due to Failure to Reach an Agreement on Changes to Less Favorable Terms and Conditions
2025.03.19
PANORAMIC NEXT - Labour & Employment - Japan Chapter
2025.03.19
[Court Case] The Case Denying a Housekeeper who was Working Concurrently as a Home Nursing Caregiver from Being Considered a “Domestic Worker”
2025.03.19
[Court Case] The Case Affirming that Nap Hours when Workers were not Actually Engaged in Work are Working Hours and Denying the Application of the Monthly Flexible Working Hours System
2025.03.19
[Court Case] Validity of Dismissal of a Worker who Blew the Whistle
2024.12.18
[Court Case] A Case in which the Employer’s Unilateral Relocation Order Despite an Agreement to Limit the Job Type was Determined to be Unlawful
2024.12.18
[Court Case] A Case in which a Reduction of Retirement Allowance Based on Breach of the Post-Termination Non-Competition Clause in the Employment Agreement was Determined to be Valid
2024.12.18
[Court Case] A Case Regarding the Legality of the Assignment and other Conditions upon Return from Childcare Leave Related to the Organizational Change that Occurred during the Leave
2024.11.21
Summary of Issues of Labor Law Practice Regarding Non-competition and Preventing Trade Secrets from Being Taken in or out of the Company (Business Homu, January 2025)
2024.09.18
[Court Case] Obligation to Pay Wages for Non-working Hours due to 'Maternity Harassment'
2024.09.18
[Court Case] The Supreme Court Decision on whether or not the System of Deemed Working Hours Outside the Workplace Applies
2024.09.18
[Court Case] A Case in which the Status as an Employee under the Labor Standards Act was Affirmed with Respect to an Idol Group Member
2024.09.18
[Court Case] A Case in which On-call Hours of a Medical Resident were Denied as Working Hours
2024.06.20
Business Practice/Hanrei Riview ≪Case Studies≫ Sakai Hikkoshi center Case (The Tachikawa Branch of the Tokyo District Court, August 9, 2023, Rodo Hanrei No.1305, p.5）
2024.06.19
[Court Case] A Case in which a Reassignment Order for the Purpose of Personnel Management was Declared Valid
2024.03.19
[Court Case] Whether it is Legitimate to Demand Repayment of the Overseas Training Expenses from a Resigned Employee
2024.03.19
[Court Case] A Case in which Encouragement of Resignation upon Becoming Aware of the Employee’s Mental Disorder was Found to be an Act to Harm his Moral Interest and Held Unlawful
2023.12.30
Failure Studies on Industrial Health across Multiple Occupations (Yokogawa Electric case)
2023.12.20
[Court Case] A Case in which the Application of the System of Deemed Working Hours Outside the Workplace was Denied for Medical Reps
2023.12.20
[Court Case] A Case in which Conclusion of a Labor Contract was Denied because an Agreement had not been Reached on the Wage Amount
2023.12.20
[Court Case] A Case in which it was Determined Valid to Refuse Renewal of a Fixed-term Employment Contract that has a Non-renewal Clause Added after Several Renewals
2023.12.20
[Court Case] A Case in which a Dismissal due to Winding-up of the Company was Found Valid
2023.11.24
[Serial Article/Legal Affairs for Companies Expanding Overseas] [No.8] Duties of Companies to their Employees in Overseas Countries During a Crisis Therein and the Response to Such Crisis – From the Perspectives of Governing Law and Duty of Care for Safety
2023.09.13
[Court Case] A Case in which the Delay in Providing the Results of an Investigation Regarding Harassment and the Like to the Person who Reported the Incident was Found to be a Breach of the Duty of Care for Safety and the Principle of Good Faith and thereby Constitute a Breach of Obligation
2023.09.13
[Court Case] A Case in which the Disciplinary Dismissal of an Employee who Refused a Relocation Order because he Had to Take Care of his Child with a Chronic Illness and Elderly Mother was Found Valid
2023.09.13
[Court Case] A Case in which the Client’s Breach of the Duty of Care for Safety was Recognized with Respect to Harassment toward a Freelancer
2023.09.13
[Court Case] A Case in which the Company’s Claim for Damages against a Former Employee on the Grounds of Breach of a Non-competition Obligation was Dismissed
2023.06.15
Business Practice/Hanrei Riview ≪Case Studies≫ Hagoromo Gakuen (Hagoromo International University) Case (Osaka High Court, January 18, 2023, Rodo Hanrei No.1285, p.18）
2023.06.08
Legal Protection for Freelancers - Legal Protection Laws for Freelancers and Worker Status under the Labour Union Law -
2021.12.20
Journal of management Lawyers Council No. 210 "Report of the 15th Conference for the Yearly Review of Important Court Decisions"
2019.12.20
Journal of management Lawyers Council No. 203 "Report of the 11th Conference for the Yearly Review of Important Court Decisions"
2018.03.01
(Selected by Attorneys!) Important Labor Case No. 161: The Case of E, a Medical Corporation (overtime work of an obstetrician)
2018.01.01
(Selected by Attorneys!) Important Labor Case No. 155: The Case of the Harada Gakuen, an Incorporated Educational Institute (validity of an order changing the duties of a personwith visible impairments)

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