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2015 Asia Forum—Tokyo 2015 ASIA FORUM—TOKYO DoingDoing BusinessBusiness inin Asia:Asia: RecentRecent TrendsTrends andand PRESENTED BY: DevelopmentsDevelopments inin thethe RegulatoryRegulatory Environment,Environment, TransactionalTransactional PracticePractice andand DisputeDispute ResolutionResolution PLATINUM PARTNER: GOLD PARTNER: This program will be accredited for CLE in the U.S. including 1.5 hours March 2-3, 2015 of ethics credit. For delegates from March 2-3, 2015 other countries where CPD/CLE is HiltonHilton TokyoTokyo —— JapanJapan mandatory, the ABA will be pleased to provide a Certificate of Attendance for this conference. For more information visit shopaba.org/Tokyo2015 Sponsors Platinum Partner Gold Partner Silver Partners Panel Sponsor Exhibitor Edelman Meeting Supporter Media Sponsors Cooperating Entities Program Planning Committee SECTION CHAIR 2014-15 Marcelo Bombau • M. & M. Bomchil Abogados • Buenos Aires, Argentina STEERING COMMITTEE Program Chairs Cecil Saehoon Chung • Yulchon LLC • Seoul, Korea Tsuyoshi Ikeda • Mori Hamada & Matsumoto • Tokyo, Japan Elisa Kearney • Davies Ward Phillips & Vineberg LLP • Toronto, ON, Canada Robert L. Brown • Bingham Greenebaum Doll LLP • Louisville, KY, USA Yee Wah Chin • Ingram Yuzek Gainen Carroll & Bertolotti, LLP • New York, NY, USA Birgit Kurtz • Gibbons P.C. • New York, NY, USA Steven Richman • Duane Morris LLP • New York, NY, USA Sara Sandford • Garvey Schubert Barer • Seattle, WA, USA Lisa Savitt • Crowell & Moring LLP • Washington, DC, USA PLANNING COMMITTEE Jennifer Aga • Hitachi, Ltd • Tokyo, Japan Takahiro Azuma • Nishimura & Asahi • Tokyo, Japan Chunghwan Choi • Lee & Ko • Seoul, Korea Taylor Croley • American Bar Association • Washington, DC, USA Thomas Happell • American Bar Association • Washington, DC, USA Kenji Hirooka • Bingham Sakai Mimura Aizawa • Tokyo, Japan Naoki Iguchi • Nagashima Ohno & Tsunematsu • Tokyo, Japan Katsutoshi Kataoka • Japan Fair Trade Commission • Tokyo, Japan Mark Katz • Davies Ward Phillips & Vineberg LLP • Toronto, Canada Gene Kim • Kim & Chang • Seoul, Korea Kyoung Yeon Kim • Yulchon LLC • Seoul, Korea Yong Lim • S.J.D. Candidate, Harvard Law • Cambridge, MA, USA Scott Maravilla • Federal Aviation Administration • Washington, DC, USA Viren Mascarenhas • King & Spalding LLP • New York, NY, USA Yuto Matsumura • Mori Hamada & Matsumoto • Tokyo, Japan Michelle Mattingly • American Bar Association • Washington, DC, USA Dixon F. Miller • Porter Wright Morris & Arthur LLP • Columbus, OH, USA Lelia Mooney • Partners for Democratic Change • Washington, DC, USA Piyasena Perera • Anderson Mori & Tomotsune • Tokyo, Japan Justin G. Persaud • Persaud & Sandher, LLC • Basking Ridge, NJ, USA Steven Saunders • University of Toyama • Toyama, Japan Jessica L. Smith • American Bar Association • Washington, DC, USA Doil Son • Yulchon LLC • Seoul, Korea Marcela Stras • Cozen O’Connor • Washington, DC, USA Mohammad Ali Syed • Syed Law Firm, PLLC • Washington, DC, USA Yukihiro Terazawa • Morrison Foerster • Tokyo, Japan Takashi Toichi • Anderson Mori & Tomotsune • Tokyo, Japan Taro Tsunoda • Anderson Mori & Tomotsune • Tokyo, Japan Yoshiki Uchida • MDP Business Advisory, Co., Ltd. • Tokyo, Japan Erica Sumie Yamashita • Machado Meyer Sendacz Opice Advogados • São Paulo, Brazil Continuing Legal Education / Continuing Professional Development The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NM, NV, NY, NC, ND, OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs. This course is expected to qualify for 9.0 CLE credit hours (including 1.5 ethics hours) in 60-minute states, and 10.8 credit hours (including 1.8 ethics hours) in 50-minute states. This transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. For more information about CLE accreditation in your state, visit http://www.americanbar.org/cle/mandatory_cle.html. For delegates from other countries where CPD/CLE is mandatory, the ABA will be pleased to provide a Uniform Certificate of Attendance which, subject to the exact CPD/CLE requirements of your bar association/law society, may be used to obtain the equivalent accreditation in your jurisdiction. PROGRAM AGENDA Monday, March 2, 2015 8:00 AM – 9:00 AM REGISTRATION & BREAKFAST KIKU LOBBY Proudly sponsored by: 8:50 AM – 9:00 AM WELCOME REMARKS KIKKA Welcome remarks by Sara Sandford, Vice-Chair, American Bar Association Section of International Law 9:00 AM – 10:30 AM OPENING PLENARY SESSION What General Counsel and International Lawyers Need to Know About Conducting Business in East Asia KIKKA This panel will consider best practices that multinational companies and international lawyers doing business in Japan, South Korea, China and Taiwan should adopt to conduct business successfully in East Asia. The panel will discuss the various ethical issues that arise in the international commerce context and how multinationals with different ethical and business conduct standards handle these issues in Asia. The panel will discuss ethics and professional responsibility, addressing topics such as confidentiality, competence, know-your-client rules as well as best practices for selecting local counsel and other service providers. The panel will also consider how specific elements of the U.S. anti-corruption regulatory regime and local regulatory environments affect international transactions within East Asia and the impact on company practices and attitudes. Panel Chair & Moderator: Piyasena C. Perera, Anderson Mori & Tomotsune, Tokyo, Japan Speakers: Mitsuru Chino, Itochu Corporation, Tokyo, Japan Bradley A. Klein, Skadden, Arps, Slate Meagher & Flom LLP, Hong Kong, China David M. Waters, GM Korea Company, Incheon, Korea *Ethics Credit Requested 10:30 AM – 11:00 AM NETWORKING COFFEE BREAK Track 1: Business / Transactional Track 2: Litigation / Enforcement KIKKA KIKUYO 11:00 AM - 12:30 PM 11:00 AM - 12:30 PM Best Practices and Legal Risks Surrounding Joint Venture Projects and The Anti-Corruption Landscape in Asia: Heightened Enforcement and Strategic Alliances Heightened Tension Public private partnerships and large scale infrastructure projects of the type being In the past year or so, a number of particularly high profile corruption investigations built in preparation for the Tokyo 2020 Olympic Games are typically managed by a and enforcement actions have taken place in China, Korea, Japan and in several consortium or joint venture partners which come with specific legal risks. This panel other Asian countries. Nearly all have focused on or involved Western-based will discuss specific issues surrounding joint venture projects and other forms of companies. Additionally, many of these same countries have strengthened or strategic alliances under Japanese and Korean law including proper due diligence, promulgated new anti-bribery laws. How does this change the operational corporate formation, regulatory approval, liability and indemnification and landscape for companies conducting business or seeking to build business in Asia? dissolution. This panel will examine the anti-corruption regime in several of the major Asian countries (Japan, Korea, and China), compare the regulations to those in the West Panel Chair & Speaker: (Australia, U.S., UK, and Canada) and discuss the whys and wherefores of the Yuto Matsumura, Mori Hamada & Matsumoto, Tokyo, Japan heightened levels of enforcement. Panel Chair & Moderator: Panel Chair & Moderator: Sara Sandford, Garvey Schubert Barer, Seattle, WA, USA Haiyan Tang, Paul Hastings LLP, Shanghai, China Speakers: Speakers: Takeshi Aratani, Japan Airlines, Tokyo, Japan Robert Morimoto, GE Japan, Tokyo, Japan Kenji Hirooka, Bingham Sakai Mimura Aizawa, Tokyo, Japan Eun-Jae Park, Yulchon LLC, Seoul, Korea Joon B. Kim, Kim & Chang, Seoul, Korea Patrick Robbins, Shearman & Sterling LLP, San Francisco, CA, USA Yuto Matsumura, Mori Hamada & Matsumoto, Tokyo, Japan Vivian Robinson, McGuire Woods, London, United Kingdom 12:30 PM – 2:00 PM LUNCHEON KIKUEN 2:00 PM – 3:30 PM 2:00 PM – 3:30 PM Managing Pricing and Distribution for Global Companies – Price Maintenance The Rules and Risks of Public and Private Procurement and Vertical Restraints Around the World Global retail companies are required to navigate an array of different laws in each The Tokyo 2020 Olympic Games and other anticipated growth in the city will provide country in which they operate. In this panel, local counsel from around the world will an opportunity for international businesses to participate in tender processes for discuss the local pricing and distribution laws like resale price maintenance, large public infrastructure contracts as well as private contracts for housing, geographic price discrimination and dual distribution that can impact a company's condominiums, materials, catering, facilities, IT equipment, etc. This panel will marketing and distribution strategy. examine legal issues associated with public and private procurement in Japan including proper due diligence, company formation and bid timing, as well as the Panel Chair & Moderator: risks and consequences of corruption and bid rigging including, the risk and Kimitoshi Yabuki, Yabuki Law Offices, Tokyo, Japan consequences of prosecution by foreign jurisdictions such as
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