Japan

Nagashima Ohno & Tsunematsu (“Nagashima”) is pleased to announce its new partners, foreign law partner (*), counsel and foreign law counsel effective as of January 1, 2026, as follows: Partners Tsutomu Kobayashi, Masashi Chusho, Akira Komatsu, Saori Kawai, Kosuke Nakamura, Kei Kajiwara, Daisuke Takagi, Takeshi Nagai, Kayako Tase, Takahiro Hatori, Takahide Fujii, Ryosuke Isaji, Ryota Saito, Yuta Sugie and Naoki Mochizuki Partner (Singapore) Patricia O. Ko Foreign Law Partner (*) Shejal Verma *Please note that we are not engaged in a Gaikokuho Kyodo Jigyo (the operation of a foreign law joint enterprise). Counsel Yoshiteru Matsuzaki, Yoshihiko Sakai, Sotaro Mori, Nozomu Takashima and Mami Sawada Foreign Law Counsel Junjian Wan We will continue to dedicate ourselves to providing high quality legal services to our clients. Your continued support will be greatly appreciated. View original article here.

Introduction On June 4, 2025, Japan amended the Whistleblower Protection Act, further enhancing protections for whistleblowers while strengthening sanctions for violations and expanding administrative enforcement powers. This is the first amendment in five years since the 2020 revision. Notably, the amendment introduces a clause providing that any dismissal or disciplinary action taken within one year following a whistleblowing report shall be presumed to have been taken in response to that report. This change is likely to create significant tension for corporate responses to whistleblowing in Japan and is expected to materially increase the burden on companies in handling such reports. The effective date will be set by Cabinet Order within 18 months from the date of amendment; while this date is not yet fixed, the amendments will take effect no later than sometime in 2026. Compliance and whistleblowing teams in each company should familiarize themselves with the amendments and assess, before the effective date, whether their internal frameworks and practices conform to the revised requirements. This article provides a brief overview of the amendments and practical notes considering them. View original article here. [Author] Tsubasa Watanabe, Partner

Introduction Nagashima provides a wide range of legal services concerning trade transactions, including security export control, economic sanctions compliance, and related matters for Japan, the United States, China, Europe, and other jurisdictions. In addition to inquiries in relation to the Foreign Exchange and Foreign Trade Act (the “FEFTA”), the United States Export Administration Regulations, economic sanctions lists in Japan, the United States, Europe, and the United Kingdom, as well as China’s Export Control Law, and Anti-Foreign Sanctions Law, we have recently seen a marked increase in inquiries regarding customs matters, including import and export clearance procedures, the treatment of price changes after export authorizations, the Authorized Economic Operator (“AEO”) program, and in particular, errors in cases involving misstatements on invoices. In the past, Japanese companies typically addressed these matters through direct consultation with customs authorities and rarely sought advice from law firms. However, more recently, enforcement actions and regulatory scrutiny have intensified not only under the FEFTA, but also under other import- and export-related laws, including the Customs Act and the Export and Import Transactions Act. Accordingly, particularly for cases involving errors, an increasing number of Japanese companies wish to avoid enforcement measures that may be disproportionately severe relative to the nature and circumstances of the case. Therefore, we are seeing more companies seek ongoing advice from law firms serving as their advisors to safeguard their interests and to handle these matters more cautiously than in the past. In this newsletter, we will discuss typical customs-related errors cases in respect of which we are frequently consulted, with a particular focus on the legal risks to exporters when there are errors in the price or country of origin on invoices at the time of cargo export. View original article here. [Author] Oki Osawa, Partner

Introduction By the end of 2026, Japan will implement a series of significant amendments to labor and occupational health and safety regulations, reflecting a growing emphasis on workplace safety. These changes, driven by forthcoming guidelines from the Ministry of Health, Labour and Welfare (MHLW), will require employers to adopt new compliance measures across a range of areas, including prevention of customer harassment, support for work-life balance, prevention of sexual harassment, gender pay gap transparency, and occupational health and safety for various worker categories. In this newsletter, we outline key legal developments and employer compliance obligations. View original article here. [Author] Eriko Ogata, Partner