Orrick Library Seminar Series: The U.S. Foreign Corrupt Practices Act: Past, Present and Future - Predicting Trump’s Administration

Seminar | March.21.2017 | 9:00am - 10:30am (Tokyo Standard Time)

Orrick Tokyo


Orrick’s Tokyo Office Litigation Group is hosting a series of monthly “Orrick Library” seminars to explore legal issues in various fields in Japan as well as the United States, Asia and Europe. The next seminar will be held on Tuesday, March 21 from 9:00 am to 10:30 am.

Melinda Haag, Chair of Orrick’s Global Litigation Business Unit, and a former United States Attorney appointed by President Barack Obama, will discuss the state of the U.S. Foreign Corrupt Practices Act and compliance issues, including the following:

  • The Department of Justice’s most recent FCPA Enforcement Plan and Guidance, issued in 2016;

  • DOJ’s Resource Guide to the U.S. Foreign Corrupt Practices Act;

  • The 2015 Yates Memo, which requires prosecutors to focus enforcement efforts on individual defendants;

  • The attorney-client privilege in the context of FCPA investigations;

  • Compliance counter-measures for Japanese corporations; 

  • Insights regarding the future – how the Trump Administration, Attorney General Jeff Sessions and SEC Commissioner Jay Clayton might approach the FCPA.

There will be time set aside for questions and answers.

Date: March 21, 2017 (Tuesday) 9:00 am – 10:30 am (Registration 8:45 am)
Place: Orrick Tokyo Law Offices (Map)
Speakers: Melinda Haag, Partner, San Francisco Office
Language: English
Fee: No charge
Registration deadline: March 17, 2017 (Friday)

*Tokyo Litigation Partners Yoshihiro Takatori and Shinsuke Yakura will join and offer additional perspectives in Japanese.

** Orrick, Herrington & Sutcliffe LLP is an accredited MCLE provider in the States of New York and California.  This continuing legal education course has been approved in accordance with the requirements of the Continuing Legal Education Board for a maximum of 1.5 credit hours, of which 1.5 credit hours can be applied toward the areas of professional practice requirement.


米国海外腐敗行為防止法(FCPA):過去・現在・未来の予測 トランプ政権におけるFCPA対策

オリック東京オフィス訴訟グループでは、「Orrick Library」と題し、日本のみならず米国、アジアおよびヨーロッパの各地域における様々な分野の法律問題について、毎月セミナーを開催しております。次回セミナーは2017年3月21日(火)、午前9時~午前10時30分にて開催いたします。


  • 2016年に米国司法省より発表された最新のFCPA 執行計画とガイダンスの詳細

  • 米国司法省による、FCPA リソースガイドについて

  • 検察官は、FCPAの個人に対する執行に注力すべき、とした2015年の米国司法省副長官のサリー・イエーツ(Sally Yates)氏の覚書(いわゆる「イエーツ・メモ」)について

  • FCPA 調査における弁護士・依頼者間の秘匿特権

  • 日本企業のためのコンプライアンス対策

  • 未来の展望–トランプ政権、司法長官ジェフ・セッションズ及び米国証券取引委員会(SEC)委員長ジェイ・クレイトンのFCPAに対する姿勢


日 時:2017年3月21日(火)9:00 am – 10:30 am (開場および受付開始8:45 am)
会 場:オリック東京法律事務所内(アクセス)
講 師:オリック・サンフランシスコ・オフィス、パートナー、メリンダ・ハーグ
言 語:英語

※1 当セミナーのプレゼンテーションは英語で行われますが、東京オフィス訴訟グループの髙取 芳宏弁護士(第一東京弁護士会)、矢倉 信介弁護士(第一東京弁護士会)が適宜協議に参加すると共に、日本語で対応質問等にお答え致します。

※2 このプログラムは米国ニューヨーク州及びカリフォルニア州のCLEクレジットの対象となっています。

CLE Credits Available: Y



  • Complex Litigation & Dispute Resolution
  • International Arbitration & Dispute Resolution
  • Cyber
  • Antitrust & Competition
  • Mass Torts & Product Liability
  • Intellectual Property
  • Employment Law & Litigation
  • Japan

Yoshihiro Takatori Partner Complex Litigation & Dispute Resolution, International Arbitration & Dispute Resolution


Yoshi Takatori is head partner of the Litigation Group in the Tokyo office. His practice focuses on cross-border dispute resolution including multi-jurisdictional litigation and international arbitration on intellectual property, product liability, anti-trust, FCPA, UKBA, cybersecurity issues, compliance investigation and disputes involving labor laws. Yoshi has been recognized by numerous international publications such as being ranked Band 1 as a Dispute Resolution lawyer in Chambers Asia Pacific.

Yoshi has an active practice advising and counseling multi-national Japanese companies and the Japanese Government, on proactive cybersecurity program development, testing and strategy. He also advises on cybersecurity issues in the context of adversarial proceedings and dispute resolution. He is an Editor and Co-author of “Cyber Security Strategy for Litigation and Compliance,” which is the first book in the Japanese legal marketplace discussing multi-stakeholder risk management strategies relating to external cyber-attacks and insider cyber trade secret theft. He is regularly consulted by leading media outlets, including TV and newspapers, and quoted, in major business publications on cybersecurity issues and insights.

Yoshi's previous experience includes:

  • representing several Japanese companies in the Cresvale Securities (Princeton Bonds) incident, which victimized over 150 Japanese companies, and played a central role in the trial and settlement procedures in Japan and New York;
  • successfully representing clients in a number of IP-related dispute resolutions involving trademark, counterfeit and patent issues in U.S., Asian and EU jurisdictions. In recent years he has gained attention for victories in compensation for damages of trademark infringement in foreign countries through application of foreign law and Japanese law through the Act on General Rules for Application of Laws; and
  • numerous achievements in cross-border enforcement, trial and international arbitration such as obtaining a temporary restraining order in Japanese court based on the certified decision in California that includes JPY400 billion in punitive damages.
In addition, Yoshi is listed as a recommended arbitrator for the Japan Commercial Arbitration Association (JCAA) and listed on SIAC’s Panel of Arbitrators, and serves key positions in the international arbitration field such as being an executive director for the Japan Association of Arbitrators, a fellow (FCIArb.) and co-convener of the Japan Chapter of the Chartered Institute of Arbitrators (CIArb.).

Prior to joining Orrick, he was chair of the litigation department at the Tokyo office of Paul, Hastings, Janofsky & Walker LLP.


  • Complex Litigation & Dispute Resolution
  • Patents
  • Copyright, Trademark & False Advertising
  • Antitrust & Competition
  • International Arbitration & Dispute Resolution
  • Mass Torts & Product Liability
  • Employment Law & Litigation
  • Japan

Shinsuke Yakura Partner Complex Litigation & Dispute Resolution, Patents


Shinsuke Yakura is the Office Leader of Orrick's Tokyo office and a member of the Complex Litigation and Dispute Resolution Group. He is an expert in handling cross-border litigation, arbitration, intellectual property and compliance matters.

His practice focuses on intellectual property, antitrust, product liability, medical and pharmaceutical, and other commercial disputes for both domestic and foreign companies. He actively engages in cross-border litigation and arbitration, and draws on his extensive knowledge and experience from various countries.

In regards to intellectual property, Shinsuke has represented numerous companies in patent infringement litigation involving a wide range of technologies related to electric devices and industrial machinery. He has also handled other IP-related issues such as trademark, copyright and right to publicity. He is a qualified patent attorney (Benrishi) in Japan.

Recently, he has been involved in business and legal issues related to artificial intelligence (AI), Internet of Things (IoT), and big data; he also acts as the Asia representative of Orrick’s Global AI Working Group.

Consistently providing strategic advice from a global perspective, he is also actively involved in bribery regulations including FCPA and UKBA, antitrust and competition law, cartel, fraud and compliance investigations.

He also advises in mergers and acquisitions, licensing and other transactional matters.