Overview
Trade and investment relationships between Japan and the United States, Europe and the rest of the world are deep and longstanding. The strength and duration of these relationships should not, however, obscure the speed with which economic, regulatory and technological development can transform the business landscape. Businesses and investors require legal counsel that understands the history and traditions of Japanese commerce and has the geographic coverage, resources and flexibility to help clients adapt to a changing environment.
For half a century, McDermott has represented Japanese companies doing business across the globe. A number of our lawyers in the United States and Europe have worked, studied and trained extensively in Japan, including working as in-house counsel at major technology companies. Others have held senior positions in government regulatory agencies such as the US Patent and Trademark Office, where they have been responsible for intellectual property issues related to technologies developed in and distributed from Japan.
Members of our Japan practice are capable of creating documents in Japanese, English or the local language where the investment or initiative is taking place. McDermott lawyers from all of the Firm’s practice areas advise large multinational corporations, mid-sized businesses, start-up companies and entrepreneurs in a broad range of industries. To help clients avoid risks and take advantage of opportunities related to international investments, we regularly create and sponsor international events in Japan that review the latest developments in Japanese law.
Related Capabilities
Antitrust & Competition
McDermott’s Antitrust & Competition team provide the a full range of business counsel to our Japanese clients, including transactional representation, defense of government investigations and litigation, and antitrust training. We provide effective, coordinated counsel on antitrust and competition laws worldwide. Regulators around the world are increasing their scrutiny of business transactions, relationships and practices that affect their local markets. McDermott’s Antitrust & Competition group is recognized as one of the world’s leading antitrust/competition practices by Chambers USA, U.S. News–Best Lawyers and Global Competition Review. A significant number of our lawyers served previously as former federal prosecutors and regulatory officials with primary responsibility for antitrust matters.
Government Regulatory
Regulators around the world are increasing their scrutiny of business transactions, relationships and practices that affect their local markets. McDermott’s Antitrust & Competition group is recognized as one of the world’s leading antitrust/competition practices by Chambers USA, U.S. News–Best Lawyers and Global Competition Review. A significant number of our lawyers served previously as former federal prosecutors and regulatory officials with primary responsibility for antitrust matters. We provide a full range of antitrust counsel, including transactional representation, defense of government investigations and litigation, and antitrust training.
Intellectual Property
Our Japan team includes lawyers with extensive experience in patent, design and trademark prosecution in the US Patent and Trademark Office, the European Patent Office and the China Patent and Trademark Office, as well as in providing intellectual property counseling, licensing and litigation. We regularly represent large multinational corporations, mid-sized businesses, start-up companies and entrepreneurs in a broad range of industries such as electronics, computers, software, pharmaceuticals, chemicals, medical devices, mechanical devices, biotechnology, energy and finance.
Litigation & Dispute Resolution
We represent Japanese clients in civil and criminal litigation before US federal and state courts, agencies such as the International Trade Commission (ITC), and the patent courts of the United States, Germany, France and other jurisdictions. We understand that a trial often represents the end point of a dispute, and regularly work with clients to achieve their goals through alternative dispute resolution methods, including arbitration, mediation and negotiated settlements. When the best course of action is to mount an aggressive defense of our clients’ interests in court, we draw on our lawyers’ extensive courtroom experience and the full resources of the firm’s e-discovery and other trial-support services.
Mergers & Acquisitions
McDermott’s corporate transactional lawyers in the United States and Europe have successfully negotiated and closed numerous deals on behalf of Japanese businesses worldwide. Ranked nationally for M&A, health and life sciences by Chambers USA and The Legal 500, we counsel clients whose product ranges are as broad as their operations, business interests and affiliations. We represent start-ups, large multinationals, and venture capital, private equity and large public investor funds with equal skill and dedication.
Privacy & Cybersecurity
McDermott’s premier Global Privacy & Cybersecurity team leads our Japanese clients through complex—and often unanticipated—regulatory, compliance and transactional challenges. Combining deep experience operating within regulated environments with a practical business-focused approach to navigating the rapidly evolving data privacy environment, we help develop creative solutions to regulatory obstacles and leverage their valuable data assets to drive change and innovation. Our team regularly advises our clients on compliance with international privacy and data protection regimes, including Japanese data protection laws, the EU GDPR, South Korean data protection laws and China’s cybersecurity law.
Tax
McDermott’s tax group is recognized as one of the largest and leading practices in the legal profession. Skilled at advising clients on their international tax needs, we often represent Japanese companies on tax-free and taxable acquisitions of other businesses, joint ventures with unrelated businesses and foreign affiliates, spin-offs, and restructuring existing operations to eliminate tax inefficiencies. We also provide tax counsel on day-to-day operations such as in-licensing and out-licensing of intangibles, product sales and other transactions with foreign affiliates, repatriation of earnings from foreign affiliates, and employee compensation and benefits. Our tax litigators represent life sciences companies in controversies at the administrative level and in the courts.
