[Real Seminar] AI Impacts On Intellectual Property Law Part 1
2024 December 7[Webinar] Practical Responses to Corporate Scandals and Emergencies – Case Studies of Management Fraud, Accounting Fraud, and Quality/Inspection Fraud – Part 1
2024 December 8July 2024, 7 (Tuesday) Tokyo International Law Office / FRONTEO Co-hosted
[You can watch after logging in.]
Overview
In recent years, with a seemingly endless string of corporate frauds and scandals, crisis management has come into question once again. How should companies approach investigations and regain trust?
This course will look at trends in corporate scandals and fraud, and will use three case studies to provide concrete insight into the subject from the perspectives of how they were discovered and the initial response, identifying the root causes (causes in the organizational structure), and improving governance and internal controls.
It is recommended for directors, auditors/audit committee members, legal affairs, compliance, internal audit departments, and other personnel responsible for dealing with corporate fraud and scandals.
Program
1. Practical response to corporate scandals and emergencies (general overview)
・Trends in corporate scandals and fraud – management fraud, accounting fraud, quality fraud, etc.
・The importance of the clues to detection and the initial response – For those who want guidance on how to respond
・Fraud prevention perspective – Identifying the root causes (causes in organizational structure) and measures to improve governance and internal controls
2. Case studies of misappropriation of business expenses by business managers
・The beginning of the discovery (internal report) and initial response – should it be an internal investigation or a third-party committee (special committee)?
・Discovering top management's involvement in fraud and deciding whether to dismiss them (this is difficult)
・Fraud prevention perspective – Strengthening the nomination governance of top management and the second line of checks and balances, etc.
3. Case study of accounting fraud with management involvement (advancing sales, fictitious sales)
・The beginning of discovery (reporting by an external agency) and initial response – The role of outside directors in management involvement cases
・Structure of corruption by the top three management – pressure to achieve sales targets and power harassment of sales staff
・Fraud prevention perspective – Renewal of management attitude, business model, organizational structure, etc. since the company's founding
4. Case studies of quality and inspection fraud
・The beginning of the discovery (reporting to an external agency) and initial response – Why did internal reporting not work?
・The structure that allows ordinary employees to commit fraud – the pressure of short-term development (planning issues), the burden on on-site certification test staff, and staff shortages. Inadequate system for checking certification application documents (opportunities for fraud).
・Perspective of preventing fraud – Identifying the cause back to the management level. Reviewing the rigid short-term development and certification process (allowing for ample time in the schedule, prohibiting the use of test data from the development stage for certification testing, etc.) and reforming the business model. Independence of the certification function from the development department (checking function), etc.
5. Question and Answer Session
Only members can watch it.
Please refrain from registering at a law firm, in the same industry as our company, or with a free email address.
July 2024, 7 (Tuesday) Tokyo International Law Office / FRONTEO Co-hosted
[You can contact us using the form below. ]
Overview
In recent years, with a seemingly endless string of corporate frauds and scandals, crisis management has come into question once again. How should companies approach investigations and regain trust?
This course will look at trends in corporate scandals and fraud, and will use three case studies to provide concrete insight into the subject from the perspectives of how they were discovered and the initial response, identifying the root causes (causes in the organizational structure), and improving governance and internal controls.
It is recommended for directors, auditors/audit committee members, legal affairs, compliance, internal audit departments, and other personnel responsible for dealing with corporate fraud and scandals.
Program
1. Practical response to corporate scandals and emergencies (general overview)
・Trends in corporate scandals and fraud – management fraud, accounting fraud, quality fraud, etc.
・The importance of the clues to detection and the initial response – For those who want guidance on how to respond
・Fraud prevention perspective – Identifying the root causes (causes in organizational structure) and measures to improve governance and internal controls
2. Case studies of misappropriation of business expenses by business managers
・The beginning of the discovery (internal report) and initial response – should it be an internal investigation or a third-party committee (special committee)?
・Discovering top management's involvement in fraud and deciding whether to dismiss them (this is difficult)
・Fraud prevention perspective – Strengthening the nomination governance of top management and the second line of checks and balances, etc.
3. Case study of accounting fraud with management involvement (advancing sales, fictitious sales)
・The beginning of discovery (reporting by an external agency) and initial response – The role of outside directors in management involvement cases
・Structure of corruption by the top three management – pressure to achieve sales targets and power harassment of sales staff
・Fraud prevention perspective – Renewal of management attitude, business model, organizational structure, etc. since the company's founding
4. Case studies of quality and inspection fraud
・The beginning of the discovery (reporting to an external agency) and initial response – Why did internal reporting not work?
・The structure that allows ordinary employees to commit fraud – the pressure of short-term development (planning issues), the burden on on-site certification test staff, and staff shortages. Inadequate system for checking certification application documents (opportunities for fraud).
・Perspective of preventing fraud – Identifying the cause back to the management level. Reviewing the rigid short-term development and certification process (allowing for ample time in the schedule, prohibiting the use of test data from the development stage for certification testing, etc.) and reforming the business model. Independence of the certification function from the development department (checking function), etc.
5. Question and Answer Session
lecturer
Mikiharu Mori Lawyer
After graduating from the Faculty of Law at the University of Tokyo, he joined Nagashima, Ohno & Tsunematsu. After completing his Master's in Law at Columbia University, he joined Shearman & Sterling in New York. After returning to Japan, he joined Hibiya Nakata Law Office, and in 2019 opened Tokyo International Law Office. He is involved in cross-border M&A, domestic M&A (TOB, takeover defense, etc.), dispute cases, energy and infrastructure cases, healthcare and life sciences, technology, corporate scandals and fraud investigations, special investigation committees, government investigations and compliance cases.
・Ranked 2020th in the M&A category of Nihon Keizai Shimbun's "Ranking of Lawyers Active in 9" overall ranking (corporate votes + lawyer votes).
・Weekly Economist (March 2021, 3 issue) Selected as one of the 16 “lawyers you want to ask” selected by corporate legal staff in the M&A field.
・Selected as a Rising Star Partner in IFLR2021 for 2023 – 1000
・Selected as a finalist for Managing Partner of the Year in the 2021-2022 ALB Japan Law Awards
- Selected as a Recommended Lawyer in the Corporate and M&A category of The Legal 2022 Asia Pacific 500
・Ranked 2023th in Nikkei Newspaper's "20 M&A Lawyer Rankings - Top 9 Overall Rankings"
(Other positions/books)
・February 2010, "Theory and Practice of Tender Offers" (Shojihomu, co-author)
・September 2020: Registered on the Japan Commercial Arbitration Association (JCAA) arbitrator candidate list
・March 2021, "Cross-border M&A Contract Practices" (Chuokeizaisha, editor and author)
・June 2021: Appointed as an outside auditor at Mandom Corporation (current position)
・September 2021: Appointed as a Think! Expert at Nihon Keizai Shimbun (current position)
March 2022: Chairman of the Special Committee (Tender Offer) of Taito Construction Co., Ltd.
・October 2023, "Practical Tender Offers by Situation" (Chuokeizai-sha)
・October 2023: Appointed Executive Director of the University of Tokyo Bar Association (current position)
February 2024: Chairman of the Special Investigation Committee of Lackland Co., Ltd.
Haruka Matsumoto Attorney
He was registered as an attorney in 2005 (Daiichi Tokyo Bar Association), received his LLM from University College London in 2013, and has been a member of the dispute resolution team at a major US law firm since 2015. He joined Tokyo International Law Office in 2023. He has been widely engaged in dispute resolution between domestic and international companies (litigation, arbitration, mediation, negotiation), in-company fraud investigations (domestic companies, overseas subsidiaries) as a certified fraud examiner, special investigation committees, and emergency response to corporate restructuring and bankruptcy. He is also a member of the Tokyo Metropolitan Government's Bid Monitoring Committee.
QUALIFICATION Lawyer qualification etc.
2005 Registered as a lawyer (58th Judicial Training Institute) / Belongs to Daiichi Tokyo Bar Association
2018 British College of Arbitrators (MCIArb)
2020 Certified Fraud Examiner Association (Certified Fraud Examiner)
2022 Tokyo Bid Monitoring Committee Member
2023 Standing Committee Member of the First Tokyo Bar Association
Named a Rising Star in the Dispute Resolution category of The Legal 500 Asia Pacific 2023
Named a Rising Star in the Dispute Resolution category of The Legal 500 Asia Pacific 2022
Selected as a Rising Star in the Dispute Resolution category of The Legal 500 Asia Pacific 2021
Profile
Tokyo International Law Office
Based on the basic concept of "a global firm originating in Japan", we provide strategic and flexible legal solutions based on a business perspective for management issues of Japanese and global companies that involve high-level domestic and international legal issues. mission.Cross-border M&A, domestic M&A, acquisition of listed companies (TOB, takeover defense, activist measures), international arbitration/disputes, EPC/infrastructure/renewable energy projects, antitrust/competition law, finance/financial regulation law, ESG/SDGs, We cover a wide range of areas, including compliance and fraud investigations, and remote and in-house services for legal department support. We provide global legal services to our bases.
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