How Can Japanese Corporations Protect Confidential Information in U.S. Courts?

U.S. courts have seen a significant increase in the number of lawsuits involving both U.S. and Japanese corporations. In deciding these cases, U.S. courts may have to choose how to apply the attorney-client privilege to in-house lawyers retained by corporations in Japan, where the legal system and discovery rules are fundamentally different from those of the United States. U.S. courts would most likely analyze these situations under the Remy-Martin/Minolta test and recognize the attorney-client privilege only for managers of legal departments in Japanese corporations, not for other non-bengoshi (non-licensed) in-house lawyers. This will change in the near future, however, when Japanese corporations start to retain bengoshi, graduates from new Japanese law schools, as in-house lawyers. Meanwhile, Japanese corporations may still be able to protect confidential information by using legal managers, U.S. and Japanese licensed in-house lawyers, in-house lawyers acting as agents, and Upjohn memoranda. The Japanese government may also be able to support Japanese corporations by signing the Hague Evidence Convention with declaration and reservation, amending the Code of Civil Procedure provision regarding privilege, and most importantly, raising the bar passage rate for graduates of Japanese law schools. These measures would more likely protect confidential corporate information, regardless of whether U.S. courts recognize the attorney-client privilege for Japanese non-bengoshi in-house lawyers

Information Exchange between Securities Regulators in Parallel Proceedings against Cross-Border Market Misconduct

Article published in the Michigan State International Law Review

Bathymetric distribution of aquatic Oligochaeta in Lake Kizaki, Central Japan

Bathymetric distribution of aquatic oligochaetes was studied at 8 stations with different depths (mean depth 16.7 ± 9.4 m, min. 5.3 m, max. 29.4 m) in July 2012 in mesotrophic Lake Kizaki, Nagano Prefecture, Central Japan. The average density was 10424 ± 5346 individuals m-2. Oligochaetes were numerically dominant at all sampling stations. High density, sometimes more than 10000 individuals m-2,was recorded at 3 stations (St. 4, 5, and 6) deeper than 18 m. Maximum density was 20561 ± 13864 individuals m-2 at Station 4 (depth 29.4 m, ignition loss of sediment 13.5%, bottom water temperature 8.1 °C and DO of bottom water 0.12 mg l-1). We identified a total of 5 genera and 7 species belonging to three subfamilies: i.e., 1 species of Naidinae, 2 species of Rhyacodrilinae and 4 species of Tubificinae. Dominant species (in order of abundance) were Tubifex tubifex (Müller, 1774) (8550 ± 6317 individuals m-2; 82.0%) and Limnodrilus spp. (L. hoffmeisteri Claparède, 1862 and L. claparedeianus Ratzel, 1868) (1710 ± 1383 individuals m-2; 16.4%). Tubifex and Limnodrilus were obtained from every station, and the density of T. tubifex tended to be higher as the depth became greater, while Limnodrilus spp. was also widely distributed, but with a peak value at a depth of 5.3 m in the shallowest station. From the submerged plant zone, Ophidonais serpentina (Müller, 1773) was collected. An earlier study by Hirabayashi & Hayashi (1994) showed that in 1985 the average density of aquatic oligochaetes was 435 ± 428 individuals m-2, oligochaetes dominated in only four locations and were distributed over the whole lake approximately equally. Comparisons of our data with the earlier studies have shown that oligochaete density has increased greatly according to Hirabayashi & Hayashi (1994). We suggest that a decrease in dissolved oxygen concentration of bottom water was due to an increase in organic matter content of the sediment. As a result, T. tubifex could expand their habitats in the profundal zone.ArticleZoosymposia. 9:36-43 (2014)journal articl

Benthic macroinvertebrates in the Nishina Three Lakes and Lake Nojiri, highland lakes in Japan

order to clarifythe current status of the benthic communities in the Nishina Three Lakes (Lakes Aoki, Nakatsuna and Kizaki) and Lake Nojiri, highland lakes located atthefoot of the Japanese Northem Alps in Nagano Prefecture, We collected benthic macroinvertebrates on 1 and 2 August, 2007, Chironomidaeand Oligochaeta were the major CrOinvertebrates at all study sites and the taxonomic composition of Chironomidae was differentamong the sites. Sergentia was collected in Lakes Aoki andKizaki, whereas Chironomus was collected in all the lakes except Lake Aoki. Chaoboridae was collected at the center of the Lakes Nakatsunaand Kizaki but not in Lakes Aoki and Nojiri. The comparison of the densities of benthic maroinvertebrates with the previous studies suggests that the densities of Oligochaeta increased in Lakes Aoki,Kizakiand Nojiri, and Chironomus increasedinLake Nojiriin recent decades.Article信州大学山地水環境教育研究センター研究報告 6: 95-102(2010)departmental bulletin pape

BIOMECHANICAL CONSIDERATIONS OF CMJ AND SQJ ON THE SAFETY MAT

The purpose of this study was to detect whether differences exist concerning the kinematic parameters of jump (SQJ and CMJ) on two different surfaces (RS and SS). Nine healthy students performed two jumps on two surfaces. Two factor repeated measure (ANOVA) was used for statistical analysis (