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Masataka Hayakawa   (Senior Partner)

 

中文日本語
Masataka Hayakawa
Admitted Japan (2014) 
Bar Association Daiichi Tokyo Bar Association
Education
The University of Tokyo (LL.B, 1999)
The Legal Training and Research Institute of the Supreme Court of Japan
Background
Public prosecutor (2000-2014)
University of Washington School of Law, visiting scholar (2006-2007)
Tokyo District Prosecutors Office (Special Investigation Department) (2008)
Ministry of Justice, Criminal Affairs Bureau (2008-2011)
Member The Japanese Society for Artificial Intelligence
The Association of Certified Fraud Examiners (ACFE Japan)
Board member of the AI Business Creation Association 
Practice Areas Corporate Scandals (investigating wrongdoing, internal investigations, acting on third party advisory committees), Risk Management (including crisis management, dealing with government authorities, emergency public relations response, etc.), Corporate Governance and Compliance (including advice on the Financial Instruments and Exchange Act, accounting fraud, product accidents, consumer protection laws, foreign bribery, environmental and health and safety regulation, anti-social forces checks, etc.), management of domestic and overseas subsidiaries, Internet risk and handling of reputational damage, risk management in various fields and industries (including regular advice, risk assessments, advice on solutions, etc.), intellectual property strategy and handling of disputes, 3D printer businesses, AI and IoT-related businesses, Personal Information Protection Act, information security, Corporate Crime and Criminal Liability, Regulations, Litigation/Dispute Resolution (Securities Litigation, International Litigation), General Corporate Law (including in relation to criminal matters), Renewable Energy, Criminal Defence
Qualification Certified Fraud Examiner (CFE) (Certified on May 16, 2016)
Languages Japanese and English
 

Recommendations and Awards

Publications

  • "The Power of Specialists for Preventing, Identifying, and Responding to Misconduct," Business Law Journal No.131, LexisNexis Japan (2018) [Co-author]
  • The International Comparative Legal Guide to: Business Crime 2019, Japan chapter, Global Legal Group (2018) [Co-author]
  • "Torrent of the Plea Bargaining System: Corporate Risk Management that Changes Drastically with the Introduction of Plea Bargaining; Conversion from Interest Adjustment Type," Risk Management TODAY No.109, Association of Risk Management (2018)
  • Getting the Deal Through - Risk & Compliance Management 2018, Japan chapter, Law Business Research Ltd. (2018) [Co-author]
  • "RegTech as the Key to Promoting Compliance Management," Watashi No Koso No.35, Nippon Institute for Research Advancement (April, 2018)
  • "Key Points for Operating an Internal Whistle-blower System for Overseas Subsidiary Control," JUNKAN KEIRIJOUHOU No.1498, CHUOKEIZAI-SHA, INC. (December, 2017)
  • "The Impact of Japan's Plea-bargaining System on an Internal Whistle-blower System: Reinforcement of the Existing Systems and Utilization of In-house Leniency," Business Homu Vol. 17 No.8, CHUOKEIZAI-SHA, INC. (June, 2017) [Co-author]
  • Getting the Deal Through - Risk & Compliance Management 2017, Japan chapter, Law Business Research Ltd. (2017) [Co-author]
  • "The Supreme Court of Japan Has Rejected a Petition for Provisional Disposition: Overview of the Court's Ruling and the "Right to be Forgotten"," KAISHA HOMU A2Z (June, 2017)
  • "Fintech: Business Strategies and the Law," Kinzai Institute for Financial Affairs, Inc. (2017) [Co-author]
  • "What is the Ideal Internal Whistle-blower System to Protect Companies from Misconduct, and How Do Companies Resolve a Dysfunctional Internal Whistle-blower System and Recover Trust in the Company?," The Lawyers, ILS Publications, Inc. (June, 2016) 
  • "Advanced Approach for Early Detection and Prevention of Corporate Scandals Utilizing Technologies Including Artificial Intelligence," The Lawyers, ILS Publications, Inc. (January, 2016)
  • "What to Do When Problems Arise? - Dealing with Disputes Involving an Overseas Subsidiary," JUNKAN KEIRIJOUHOU No.1433, CHUOKEIZAI-SHA, INC. (December, 2015) [Co-author]
  • "How to Restore Business Value at an Early Stage When Dealing with a Corporate Crime or Scandal," The LawyersILS Publications, Inc. (October, 2015) [Co-author]

Web Articles

  • "Shifting into a Procedure Giving Priority to and Pursuing Self-interest: End of the Existing Corporate Risk Management (Series No. 2)," BUSINESS LAWYERS website (January, 2019) 
  • "Risk Management and Compliance during a paradigm shift (Series No. 1)," BUSINESS LAWYERS website (January, 2019) 
  • "RegTech can play a key role in the enhancement of compliance management," Nippon Insitute for Research Advancement (NIRA) website (August, 2018)
  • "Legal Key Points for Success of AI Business," DX LEADERS website (August, 2017) [Interview]
  • "Guide for Building and Operating a Whistle-Blower System that Leads to Prevention and Early Discovery of Scandals," BUSINESS LAWYERS website (April, 2017) [Co-author]
  • "False Fuel Data of Mitsubishi Motors: Analysis by a Former Public Prosecutor," BUSINESS LAWYERS website (June, 2016)

Seminars

  • "Plea Bargaining Systems and Internal Whistle-blower Systems – Points to Keep in Mind in Corporate Businesses From the Point of View of Legal and Crisis Management Practices," hosted by Security Protection Network Co., Ltd., May 14, 2019
  • "Learning Legal Practices for Dealing with Plea Bargaining and Global Compliance through Case Studies: Focusing on the Challenges Faced by Companies" organized by FN Communications, co-organized by Finance Facsimile News Co., Ltd., March 14th, 2019
  • [Cram School Pre-seminar on Legal and Compliance Enhancement] "Review of FY2018 and Corporate Issues of Legal and Compliance Enhancement in 2019: Focusing on Risk and Crisis Management and Global Compliance,"  sponsored by BUSINESS LAWYERS and Bengo4.com, Inc., February 27, 2019
  • "Legal Practice of Corporate Risk Management and Global Compliance : Learning from Case Studies," hosted by the Business Research Institute, February 22, 2019
  • "New internal and external trends related to data compliance and practice methods for legal handling thereof —from the perspective of comparing the GDPR and the Act on Protection of Personal Information," hosted by Financial Facsimile News, organized by FN Communications, February 7, 2019
  • "Legal Practices of Corporate Risk Management and Compliance after the Introduction of the Japanese Version of Plea Bargaining: Explanation of Specific Points through Case Studies," hosted by Keiei Chousa Kenkyukai, January 29, 2019
  • "New Trends and Legal Practice of Global Data Compliance: from the Perspective of a  Comparison between GDPR and the Personal Information Protection Act Focusing on Dealing with Emergency Situations Including Data Compliance and Information Leakage," hosted by Keiei Chousa Kenkyukai, January 18, 2019
  • "Legal Issues for Promotion of AI Business: Focusing on Legal Considerations for Encouraging AI Business," at the seminar entitled “LegalTech 2018 –AI, Blockchain, and LegalTech-,” hosted by AOS Legaltech, Inc. and LexisNexis Japan, November 27, 2018
  • "Learn Handling of the Japanese Version of the Plea Bargaining System through Case Studies," at the seminar entitled "Global Legal Affairs and Compliance Seminar: Learn Handling of the Japanese Version of the Plea Bargaining System through Case Studies," hosted by KPMG Consulting Co., Ltd., September 21, 2018
  • "New Trends of Changing Corporate Risk Management due to the Introduction of the Japanese Version of Plea Bargaining, and Legal Practices of Global Compliance," hosted by the Business Research Institute, July 31, 2018
  • "Legal Practices of Corporate Risk Management and Compliance after the Introduction of the Japanese Version of Plea Bargaining: Explanation of Specific Points through Case Studies," hosted by Keiei Chousa Kenkyukai, July 3, 2018
  • "Changes in Corporate Risk Management and Compliance from the Introduction of the Japanese Version of the Plea Bargaining System: Rudimentary Knowledge that any Certified Public Accountants Should Certainly Know," hosted by the Tokyo Chapter and the Nakano Chapter of the Japanese Institute of Certified Public Accountants, June 12, 2018
  • "Introduction of the Japanese Plea Bargaining System and the Necessary Response by Corporations", at a seminar entitled "Global Legal and Compliance Seminar: Just Before the Introduction of the Japanese Plea Bargaining System! Comprehensive Inspections for Global Compliance – Preventing Quality Counterfeits and Complying with Bribery Regulations," hosted by KPMG Consulting Co., Ltd., May 15, 2018
  • "AI-Related Business: Key Knowledge, Legal and IP Points," hosted by the Business Research Institute, March 14, 2018
  • "Key Points for Operating an Internal Whistle-blower System to Respond to Changes in the Environment by Enforcement of the Amended Personal Information Protection Act of Japan and the Introduction of Japan’s Plea-bargaining System," hosted by Keiei Chousa Kenkyukai, March 9, 2018
  • "Internal Whistle-blower System and Global Compliance for Overseas Subsidiary Control: Key Points for Introducing and Operating an Internal Whistle-blower System Looking at Legislation in Other Countries and Particularities Including the EU General Data Protection Regulation," hosted by Keiei Chousa Kenkyukai, February 26, 2018
  • "Summary of Issues in Dealing with Legal and Compliance Risk for Introduction/Operation of a Global Internal Reporting System— Summary of Issues such as Japanese Version of Plea-Bargaining System, Personal Data Protection Regulations Incorporating GDPR; Regulations and [Administrative] Guidance which must be Addressed and Commentary on Practice Points," hosted by Pronexus Inc., December 13, 2017
  • "Japan's Plea-bargaining System: the Solutions for Companis and the Impacts on an Internal Whistle-blower System," at the seminar entitled "Global Legal Affairs and Compliance Seminar: Re-examination of Response to Bribery Risk based on Changes in the Environment including the Introduction to Japan's Plea-bargaining System," hosted by KPMG Consulting Co., Ltd., October 26, 2017
  • "Put into Practice from Tomorrow! Establishment and Operation of Internal Reporting System and Point of Contact," hosted by Bengo4.com, Inc. and Security Protection Network Co., Ltd., October 20, 2017
  • "Social Risks (Flaming and Reputational Damage): Practical Legal Tips for Companies Learning from Case Studies," hosted by the Business Research Institute, October 13, 2017
  • "AI Business: Basics of Intellectual Property and Legal Key Points," hosted by JOHOKIKO Co., Ltd., September 26, 2017
  • "Key Points for Operating an Internal Whistle-blower System in Japan and Other Countries – Session 2: Other countries," hosted by the Business Research Institute, August 30, 2017
  • "Key Points for Operating an Internal Whistle-blower System in Japan and Other Countries – Session 1: Japan," hosted by the Business Research Institute, August 23, 2017
  • "Japan's Plea-bargaining System: Impact and Countermeasures for Companies," hosted by the Business Research Institute, August 9, 2017
  • ""Environmental Risk Management" and How to Avoid Reputational Damage for Manufacturers," hosted by the Business Research Institute, July 27, 2017
  • "Global Compliance in a Data Protection Era: Recent Developments on the EU General Data Protection Regulation," hosted by D-Quest, Inc., organized by LexisNexis Japan, July 20, 2017
  • "Internal Whistle-blower System and Global Compliance for Overseas Subsidiary Control: Key Points for Introducing and Operating an Internal Whistle-blower System Looking at Legislation in Other Countries and Particularities Including the EU General Data Protection Regulation," hosted by Keiei Chousa Kenkyukai, July 13, 2017
  • "Key Points for Operating an Internal Whistle-blower System in Japan and Other Countries – Session 2: Other countries," hosted by the Business Research Institute, June 21, 2017
  • "Japan's Plea-bargaining System: Basics for Certified Public Accountants," at a workshop hosted by the Japanese Institute of Certified Public Accountants, June 6, 2017
  • "Key Points for Operating an Internal Whistle-blower System in Japan and Other Countries – Session 1: Japan," hosted by the Business Research Institute, May 11, 2017
  • "Legal Key Points on Financial Institutions’ Use and Commercialization of Artificial Intelligence," hosted by Seminar-Info, April 27, 2017
  • "How to Deal with Changes in the Internal Whistle-blower System Caused by Changes in Foreign and Domestic Legal Systems - the Internal Whistle-blower System: Changes and Responses (Part 2)," hosted by Financial Facsimile News, organized by FN Communications, April 18, 2017
  • "How to Deal with Changes in the Internal Whistle-blower System Caused by Changes in Foreign and Domestic Legal Systems - the Internal Whistle-blower System: Changes and Responses (Part 1)," hosted by Financial Facsimile News, organized by FN Communications, April 5, 2017
  • "Business Creation Utilizing Artificial Intelligence and Legal Key Points: Basics and Practical Legal Issues with Latest Information," hosted by Financial Facsimile News, organized by FN Communications, March 31, 2017
  • "Legal Considerations on Businesses Utilizing Artificial Intelligence: Practical Tips on Handling Artificial Intelligence Creations, Intellectual Property Strategies, Legal Issues for Gathering and Utilizing Big Data," hosted by Keiei Chousa Kenkyukai, March 16, 2017
  • "Business Creation Utilizing Artificial Intelligence and Legal Key Points: Basics and Practical Legal Issues with Latest Information," hosted by Financial Facsimile News, organized by FN Communications, March 31, 2017
  • "Internal Whistle-blower System and Global Compliance for Overseas Subsidiary Control: Key Points for Introducing and Operating an Internal Whistle-blower System Looking at Legislation in Other Countries and Particularities Including the EU General Data Protection Regulation," hosted by Keiei Chousa Kenkyukai, February 28, 2017
  • "Preparation and Key Points for the Internal Whistle-blower System, the Amended Personal Information Protection Act of Japan, and Introduction to Japan’s Plea-bargaining System in 2018," hosted by Keiei Chousa Kenkyukai, February 22, 2017
  • "Countermeasures for Manufacturers against Legal Risks: Environmental Risk Management and How to Avoid Reputational Damage," hosted by LexisNexis Japan, February 15, 2017
  • "Japan’s Plea-bargaining System (2016 Amended Code of Criminal Procedure): the Impact on Corporate Activities and Solutions – Will it Change Risk Management?," at the fourth workshop for corporate members, hosted by the Association of Certified Fraud Examiners (ACEF Japan), February 9, 2017
  • "Introducing and Using Cloud Computing Systems: Legal Issues and Ways to Reduce Your Legal Risk," hosted by the National Institute of Informatics, December 21, 2016
  • "Introducing AIB Association's Goals and Main Activities: The Challenges Faced by the AIB Association and Member Companies in Being an Early-Mover in the Field of AI," at a forum entitled "Anniversary Forum: The Challenges of Being an Early-Mover in the Field of AI," hosted by the AI Business Creation Association, December 6, 2016
  • "Legal Considerations on Businesses Utilizing Artificial Intelligence: Practical Tips on Handling Artificial Intelligence Creations, Intellectual Property Strategies, Legal Issues for Gathering and Utilizing Big Data," hosted by Keiei Chousa Kenkyukai, November 25, 2016
  • "Legal Departments Take Note: Amendments to the Code of Criminal Procedures, the Impact on Corporate Activities and What You Should Do About It—Former Public Prosecutor and Specialist in Corporate Criminal Law Explains the Introduction of Plea-Bargaining in Japan From a Risk Management Perspective," hosted by Keiei Chousa Kenkyukai, November 11
  • "Legal Considerations When Starting an AI-Related Business (Part 1:Practical Considerations)—Focusing on Big Data and the Law," at a seminar entitled "AIB Co-Creation Discussion and AI Technology (Deep Learning) x AI Law Seminar," hosted by the AI Business Creation Association, November 2, 2016
  • "Whistleblower System Operation - Practical Approach -," co-hosted by LexisNexis Japan and the Business Law Journal, October 24, 2016
  • "Outline of Legal Issues in the Field of IoT, AI, Blockchains, etc." at a seminar entitled "Innovative IoT: IoT x Blockchain, IoT x AI, the Next Frontier for Big Data," hosted by the Big Data Consortium, October 12, 2016
  • "How Companies in Finance Can be Prepared for Full Enforcement of the Amended Personal Information Protection Act, and Compliance Management and Crisis Control in the Event of Information Leaks, etc," hosted by Seminar-Info, August 22, 2016
  • "The Use and Adoption of Big Data, and the Regulations and Other Legal Issues Related to Artificial Intelligence (AI) Businesses," at a briefing session on the establishment of the AI Business Creation Association, organized by its promoters, July 26, 2016
  • "Insider Trading, Market Manipulation, and Other Financial Instruments and Exchange Act (FIEA) Violations: Recent Trends and Practical Tips on Risk Management," hosted by the Association of Certified Fraud Examiners (ACFE JAPAN), June 23, 2016
  • "Whistleblower Systems: How to Develop a System That Employees Are Comfortable Using and Which Allows the Company to Catch Serious Misconduct as Early as Possible," co-hosted by LexisNexis Japan and the Business Law Journal, in cooperation with Atsumi & Sakai, June 6, 2016
  • "Accounting Fraud – Legal Liability and Measures for Risk Avoidance," hosted by the Association of Certified Fraud Examiners (ACFE Japan), April 27, 2016
  • "Being Prepared for and Responding to Investigations and Raids by Authorities in Relation to Suspected Accounting Fraud, Insider Trading and Other Financial Instruments and Exchange Act (FIEA) Violations: How Would Your Company React to an Investigation by the Securities and Exchange Surveillance Commission (SESC)? Be Prepared and Know the Red Flags," hosted by Keiei Chousa Kenkyukai, March 22, 2016
  • "Prevention of Corporate Scandals and Damage Mitigation After Scandals Occur: Creating a Corporate Environment in which Scandals are Avoided and not Overlooked," hosted by Atsumi & Sakai, with support from LexisNexis Japan, and the Business Law Journal, February 5, 2016
  • "Accounting Fraud - Legal Liability and Measures for Risk Avoidance," at a workshop hosted by  the Japanese Institute of Certified Public Accountants, January 14, 2016
  • "Liability of Parent Company Over Subsidiary Fraud and Countermeasures: Key Points on Subsidiary Control - Learning from Successes and Failures of Parent Companies Facing Fraud by a Domestic Subsidiary or a Foreign Subsidiary,” hosted by Keiei Chousa Kenkyukai, January 6, 2016
  • "Corporate Scandals and Crimes – Various Types of Investigations and Early Fraud Detection: Difference Between Internal Investigation and External Investigation/Competent Authority’s Investigation and Detection; Latest Trends of System and Approach for Early Fraud Detection and Prevention,” hosted by Keiei Chousa Kenkyukai, December 25, 2015