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Growth Opportunities Come With Danger: As Japanese Life Sciences Companies’ Outward Bound Investments Continue to Grow, So Do the Significant Compliance
Growth Opportunities Come With Danger: As Japanese Life Sciences Companies’ Outward Bound Investments Continue to Grow, So Do the Significant Compliance
December 09, 2016
Gary Giampetruzzi
,
Hiroyuki Hagiwara
&
Jessica Montes
The global pharmaceutical and life sciences sector is growing at a record pace—thanks in no small part to the contributions of Japanese multinationals, which year after year continue not only to sustain Japan as the second largest pharmaceutical market in the world, but also to invest billions of dollars in acquisitions, mergers, and joint ventures in foreign markets. However, following the landmark $646 million settlement between Olympus Corporation of the Americas—a subsidiary of Japanese medical device company Olympus Corp.—and the U.S. Department of Justice in March 2016, it has become increasingly clear that in order to take full advantage of growth in the life sciences sector, Japanese multinationals must move quickly to take a more proactive approach to assessing and managing anti-corruption and other compliance risks with respect to their overseas operations, or the news could well go from good to bad.
This article originally appeared in Bloomberg BNA
Click here for a PDF of the full text
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Next
Are You Ready to Comply with the CFPB’s Final Amended Mortgage Servicing Rules?
8/10/2016
Previous
Salman V. US: Will It Change The 'Personal Benefit' Test?
8/3/2016
Next
Are Buyers of Assets Acquired from Debtors in Section 363 Bankruptcy Sales Protected from Product Liability Claims?
7/27/2016
Previous
CJEU Finds Withholding Tax to Be Contrary to EU Law
7/26/2016
Next
NYDFS Issues New AML/Sanctions Program Requirements
7/25/2016
Previous
IRS Releases Guidance under Section 50(d)
7/25/2016
Next
SEC ALJs Continue to Draw Scrutiny
7/22/2016
Previous
CMS Takes the Lead in Cardiology Payment Reform
7/22/2016
Next
When Minority Stockholders Take Control: Recent Delaware Cases Shine a Light on Fiduciary Obligations of Controlling Stockholders
7/22/2016
Previous
From Lehman to Bloxham: What Next for the Special Administration Regime?
7/21/2016
Next
Information Returns for Employers: Deadlines Moved Up and Penalties Increased
7/21/2016
Previous
European Derivatives Regulation in a Post Brexit World
7/20/2016
Next
EEOC Announces Proposed Revisions to EEO-1 Pay Data Collection Tool
7/19/2016
Previous
Private Fund Report—Summary of Key Developments—Spring 2016
7/14/2016
Next
Five Ways that Privacy Shield is Different from Safe Harbor and Five Simple Steps Companies Can Take to Prepare for Certification
7/14/2016
Previous
The European, Middle Eastern and African Investigations Review 2016 - Italy
7/12/2016
Next
Federal Circuit Rejects Application of the On-Sale Bar to Contract Manufacturers
7/11/2016
Previous
Ministerial Decree Sets Out Revised Incentive Regime for Renewable Plants in Italy
7/11/2016
Next
Federal Circuit Upholds Patent Eligibility of a Method of Preserving Liver Cells, Giving Guidance on Applying Section 101’s Exclusion of Natural Laws
7/7/2016
Previous
Take Two—The SEC Adopts Section 1504 Reporting Requirements for Payments to Governments by Oil, Gas, and Mining Companies
7/5/2016
Next
First Italian REMIT Case
7/5/2016
Previous
Avoid Five common mistakes in contract environmental clauses
7/1/2016
Next
Market Intersection: A Quarterly Look at the U.S. Credit Markets - 2Q16
7/1/2016
Previous
OFCCP Issues Final Rule on Sex Discrimination Guidelines
6/27/2016
Next
UK Votes for Brexit – Key Considerations for International Businesses
6/24/2016
Previous
Maryland Follows California in Expanding Equal Pay Protections; Hints of More to Come
6/23/2016
Next
Supreme Court Upholds the BRI Standard and Provides Guidance on Judicial Review
6/23/2016
Previous
Not Guilty, Again: Individual Corporate Liability in the Wake of the Reichel Acquittal
6/22/2016
Next
The Delaware Supreme Court Provides Guidance to the Second Circuit Regarding Investor Holder Claims
6/22/2016
Previous
From Life-Saving to Lethal: Product Liability After a Cyberattack
6/21/2016
Next
The Supreme Court Instructs District Courts to Put Substantial Weight on the Reasonableness of a Losing Party’s Position in Determining Fees in Copyright Cases
6/21/2016
Previous
Brexit's Implications for International Employers
6/20/2016
Next
Recent SEC Enforcement Action Merits a Second Look by Private Equity Firms and Fundless Sponsors at Broker-Dealer Registration
6/20/2016
Previous
Delaware Bankruptcy Court Refuses to Dismiss Chapter 11 Case Despite Existence of Secured Lender’s “Golden Share” in Debtor’s Delaware LLC Agreement: Could Bankruptcy-Remote Structures Be at Risk?
6/16/2016
Next
Federal Circuit Provides Guidance on the APA’s Procedural Safeguards for PTAB Proceedings
6/16/2016
Previous
Delaware Legislature Acts to Limit Appraisal Rights
6/15/2016
Next
NYS Department of Labor’s Proposed Rulemaking Greatly Impacts the Use of Direct Deposit and Payroll Debit Cards
6/15/2016
Previous
NTIA Seeks “Streamlining” of Team Telecom Process; FCC to Propose Rules
6/15/2016
Next
CFPB Proposes New Rule Targeting Small Dollar Loans, Relies on UDAAP Rulemaking Authority for First Time
6/14/2016
Previous
Halo Electronics, Inc. v. Pulse Electronics, Inc.: U.S. Supreme Court Rejects “Unduly Rigid” Seagate Test for Willful Infringement and Enhanced Damages
6/14/2016
Next
Spotlight on CFIUS: Current Challenges for China Outbound M&A
6/13/2016
Previous
Ever Active and Perhaps Not So New—The SEC Awards Three Dodd-Frank Whistleblowers
6/9/2016
Next
Proportionality in Discovery – Taking Stock after Six Months
6/9/2016
Previous
Hard Balance Sheet Guarantees and Their Construction Under German Law
6/9/2016
Next
Intellectual Property Outlook: Cases and Trends to Follow in 2016
6/6/2016
Previous
The Seventh Circuit Holds that Class Action Waivers in Employee Arbitration Agreements Are Unenforceable
6/6/2016
Next
SEC Taking Hard Look at Private Equity
6/2/2016
Previous
Critical Issues for Foreign Defendants in International Trade Secrets Litigation - Parts I and II
6/1/2016
Next
A Quick Guide Comparing the Defend Trade Secrets Act and the EU Trade Secrets Directive
6/1/2016
Previous
The New Federal Trade Secrets Law: Top Takeaways for Employers
5/31/2016
Next
Historic Reforms to the French Civil Code: Ordinance No. 2016-131 and Forthcoming Changes to French Contract Law
5/27/2016
Previous
Spokeo
and Article III Standing: You May Be Particularized But Are You Concrete?
5/26/2016
Next
The Uncertain Implications of
Luis v. United States
5/25/2016
Previous
Informing Investors of Climate Risk: The Impact of Securities Laws in the Environmental Context
5/25/2016
Next
EEOC Issues Final ADA and GINA Wellness Program Regulations
5/25/2016
Previous
Doing Deals: UK TUPE Case Law Update
5/25/2016
Next
Third Circuit Overturns JSA Attribution Rule and Orders FCC to Complete Stalled Ownership Proceedings
5/25/2016
Previous
Italy Moves Towards the Admissibility of Punitive Damages
5/24/2016
Next
Patent Office Issues Updated Guidelines on Section 101 Subject Matter Eligibility Determinations
5/23/2016
Previous
There’s a New Federal Trade Secrets Statute—Now What?
5/20/2016
Next
The Basics: UK Employment Law E-Guide
5/19/2016
Previous
Department of Labor Issues Final Rule Significantly Increasing Salary Thresholds for Overtime Exemptions
5/19/2016
Next
Recent Developments Strengthen Chinese Anti-Bribery Law
5/19/2016
Previous
Italy Introduces New Tools for Securing Financings and Strengthens Enforcement Procedures
5/19/2016
Next
Privacy and Data Security Issues in M&A Transactions - A Checklist
5/17/2016
Previous
IRS Releases New Guidance Regarding the "Beginning of Construction" Requirement For Qualified Facilities
5/17/2016
Next
Enfish v. Microsoft
: Not All Software Is Abstract Through
Alice's
Looking Glass
5/16/2016
Previous
Non-U.S. Investment Crowdfunding Platforms Can Offer Securities to U.S. Investors under Current Securities Laws
5/16/2016
Next
China Tightens Controls Over Foreign NGOs with New Law
5/16/2016
Previous
The Federal Government’s Ability to Initiate Criminal Proceedings Against Foreign Corporations is About to Get Easier
5/16/2016
Next
New York Court of Appeals Adopts Delaware Standard in Evaluating Controlling Shareholder Going-Private Mergers
5/13/2016
Previous
Class (Not) Dismissed: CFPB Proposes New Rule Prohibiting Mandatory Arbitration Clauses, Encourages Consumer Class Action Law Suits
5/12/2016
Next
Supreme Court to Consider Abolishing Laches Defense for Patent Cases
5/11/2016
Previous
Delaware Supreme Court Revisits Jurisdictional Impact of Foreign Corporations Registering to Do Business in Delaware
5/9/2016
Next
UK Real Estate Quarterly Bulletin – May 2016
5/5/2016
Previous
Seal the Deal: Four Steps to Effective FCPA Acquisition Due Diligence & Integration
5/4/2016
Next
“Obama Out?" Not So Fast. President Obama Presented With Legislation that Would Create a Federal Civil Remedy for the Misappropriation of Trade Secrets
5/4/2016
Previous
Class X Litigation: A Review of the Recent Windermere VII and Titan Judgments
5/3/2016
Next
The Panama Papers Problem: Global Financial Institutions Face Increasing Liability for Clients’ Tax Evasion
5/2/2016
Previous
What Are the Consequences Arising from MIFID II for Energy Operators?
5/1/2016
Next
Calm Before the Storm: Financial Institutions Should Expect a Wave of Civil and Criminal Investigations Following the Next Panama Papers Release
4/29/2016
Previous
The Supreme Court Hears Oral Arguments on the Implied Certification Theory of False Claims Act Liability: Universal Health Services v. United States ex rel. Escobar
4/28/2016
Next
You Can Bank On Your Incentive Pay - Eventually: Proposed Regulations Would Require Sweeping Changes
4/26/2016
Previous
California Taxes Based Upon Information Returns: Using a California Address for Out-of-State Workers Causes California Assessments
4/26/2016
Next
The Gatekeeping Function of Patent Eligibility as Part of a More Complete Understanding of § 101 Principles
4/26/2016
Previous
Avoiding FIFA’s Footsteps
4/22/2016
Next
Post-Halliburton II Update: Eighth Circuit Denies Class Certification Based on Lack of Price Impact
4/20/2016
Previous
Top Trends for Media and Entertainment Dealmakers
4/18/2016
Next
DOJ’s FCPA Enforcement Plan Highlights the Need for Robust Anti-Corruption Compliance Programs
4/13/2016
Previous
Unprecedented Private Equity Court Decision Collapses Related Funds Triggering Their ERISA Withdrawal Liability for Portfolio Company’s Union Pension Obligations
4/12/2016
Next
The Judgment of the ECJ: Partial Payment of VAT Debt in Case of Arrangement with Creditors is Compliant with European Law
4/12/2016
Previous
California Supreme Court Rules for First Time on Requirement of Suitable Seating for Working Employees
4/8/2016
Next
It’s Back—True to the Promise of Continued Scrutiny of Life Sciences, the SEC Enters a $25M FCPA Resolution with Novartis
4/6/2016
Previous
More Rule Changes for PTAB Proceedings
4/4/2016
Next
FCC Releases Notice of Proposed Rulemaking for New Broadband ISP Privacy Rules
4/4/2016
Previous
First-of-its-kind Action by the SEC
4/4/2016
Next
Five Things to Know About Cuba
4/4/2016
Previous
SEC No-Action Letter Allows Immediate Resale of REIT Shares Received in Exchange for OP Units
3/29/2016
Next
FinCEN Guidance Highlights Continued Regulatory Focus on Anti-Money Laundering Risks Posed by MSB Agents
3/29/2016
Previous
The Ninth Circuit Relies on Reasonable Consumers’ Experiences to Dismiss a Cosmetics False Advertising Case
3/28/2016
Next
Statistical Sampling Evidence Might, or Might Not, Be Admissible in Class Actions, U.S. Supreme Court Holds
3/28/2016
Previous
Another Life Sciences Company Gets Hit Hard: Olympus Pays $646M to Resolve Corruption Allegations in a Unique Dual FCA / FCPA Resolution
3/28/2016
Next
Partial Payment of VAT Debt in Case of Arrangement with Creditors
3/23/2016
Previous
FASB Issues New Lease Accounting Standards
3/22/2016
Next
Italy's Court of the Auditors Sets Principle of Banks' Liability for Damages When Acting as Advisors to Public Entities
3/22/2016
Previous
10 Practical Tips to Prepare for the New Privacy Shield Era
3/21/2016
Next
SEC’s Division of Investment Management Releases Guidance on Risk Disclosures Related to Current Market Conditions
3/18/2016
Previous
Federal Circuit Issues Expansive Ruling in Upholding Jurisdiction over Mylan in Delaware
3/18/2016
Next
The Antitrust Review of the Americas 2016 - United States: Mergers
3/18/2016
Previous
Time to Update Your Anti-Harassment Policy: California's New FEHA Regulations
3/16/2016
Next
FCC Chairman Floats Proposal for New Broadband Privacy Rules
3/11/2016
Previous
The Yates Memo: Six Months Later
3/9/2016
Next
New IRS Audit Rules for Partnerships
3/7/2016
Previous
Understanding The DOL’s Proposed Regulations On Paid Sick Leave For Federal Contractors
3/7/2016
Next
CFPB No-Action Letters: Is There a Benefit?
3/4/2016
Previous
CFIUS and China: Is This The Year of The Big Showdown?
3/4/2016
Next
The New Federal Rule of Civil Procedure 37(e): What Have The First Three Months Revealed?
3/2/2016
Previous
Italy Introduces Government Guarantee to Facilitate NPL Transactions
2/22/2016
Next
Heightened Disclosure Obligations in Respect of Controllers of UK Companies and LLPs
2/22/2016
Previous
Alternative Lending in Italy: A Significant Step Forward
2/19/2016
Next
Japanese Companies Face Growing Anti-Corruption Enforcement Risk
2/19/2016
Previous
Post-Closing Fraud Claims in the Acquisition Context: Protecting the Seller
2/19/2016
Next
France Adopts Legal Measures to Combat Corruption Consistent with International Standards
2/18/2016
Previous
Takeover Regulation in the UK
2/16/2016
Next
Equity Aids the Vigilant: The Supreme Court's Montanile Decision And Its Lessons for ERISA Plans' Efforts To Recover Medical Payments
2/12/2016
Previous
Mobile Devices and Internet of Things (IoT) - Top 10 Practitioner Tips for Successful Development and Roll-Out of IoT
2/11/2016
Next
Views on the Recent USAM Changes: An Interview with
The FCPA Report
2/8/2016
Previous
2016 Revised (Higher) Hart-Scott-Rodino Act Thresholds
2/8/2016
Next
EEOC Proposes New Pay Data Collection Tool: All Employers to Share Pain With Federal Contractors
2/8/2016
Previous
Expect Heated M&A Competition to Continue in 2016 (Bilingual)
2/2/2016
Next
Delaware Court of Chancery Appears to Sound the Death Knell for Disclosure-Only Settlements in Merger Litigation
1/29/2016
Previous
The Year Ahead in 4 Minutes: Top Trends in Global & UK Employment Law for 2016
1/28/2016
Next
The Revival of a Four Year—Old Trade Secrets Prosecution May Shed Light on Whether the U.S. Government Can Effect Service on Foreign Corporations Without a U.S. Presence
1/27/2016
Previous
Some Overlooked Market Trends in China Real Estate Investment (Bilingual)
1/27/2016
Next
Solving The Valuation Puzzle in Life Sciences Transactions: The Pros and Cons of the CVR
1/26/2016
Previous
Italy 2016: The New Tax and Regulatory Frameworks for Banks
1/19/2016
Next
Implementation Day: Ready? Or Not?
1/18/2016
Previous
That Was FAST! Congress Adopts NEPA Reforms for Renewable Energy Projects In Surface Transportation Bill
1/18/2016
Next
Data Protection Trends and Takeaways for EU Employers
1/15/2016
Previous
Final U.S. EPA and California Regulations to Reduce Methane Emissions from Oil & Natural Gas Sector Expected in 2016
1/14/2016
Next
SEC’s Division of Investment Management Releases Guidance on Mutual Fund Distribution and Sub-Accounting Fees
1/14/2016
Previous
CFPB—2015 in Review and What is Ahead for 2016?
1/14/2016
Next
Changes to AIM Rules for Investing Companies
1/12/2016
Previous
Everything Old is New Again: Why the Yates Memo is Constitutionally Suspect
1/11/2016
Next
2015 Was a Record Year for the SEC
1/11/2016
Previous
New York City Issues Sweeping New Guidance Regarding Gender Identity and Expression Discrimination
1/8/2016
Next
Landmark Conviction of High Frequency Trader: Assessing the Impact
1/8/2016
Previous
For Bankruptcy Purposes, the Ninth Circuit Bankruptcy Appellate Panel Asks: When is a Tax Return Not a Tax Return? — Then Provides An Answer Different From Other Circuits’
1/6/2016
Next
Second Circuit Securities Decision Highlights Importance of New York Borrowing Statute
12/29/2015
Previous
The Protecting Americans from Tax Hikes (“PATH”) Act of 2015 Extends Tax Benefits
12/28/2015
Next
PATH Act Amends Rules Relating to REITs and FIRPTA
12/24/2015
Previous
Legal Newsletter N°1: Public and Administrative Law - Energy
12/23/2015
Next
SEC Proposes Comprehensive Rule Governing Use of Derivatives by Investment Companies
12/23/2015
Previous
The Supreme Court Again Extends the Preemptive Effect of the Federal Arbitration Act
12/21/2015
Next
Hedge Fund Report: Summary of Key Developments - Fall 2015
12/21/2015
Previous
Integrity and Transparency of French Wholesale Energy Markets
12/17/2015
Next
2015 Global Employment Law Recap
12/14/2015
Previous
CFTC Action Against Kraft May Be an Important Early Test of New Anti-Fraud Authority, Part 2
12/10/2015
Next
Serious Delinquent Taxes May Result in Revoked U.S. Passports
12/10/2015
Previous
2015 UK Employment Law Recap
12/10/2015
Practice Areas
Life Sciences and Healthcare
For More Information:
Gary F Giampetruzzi
Email
+1 212 318 6417
Hiroyuki Hagiwara
Email
+81 3 6229 6015
Jessica Montes
Email
+1 212 318 6657
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