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If ... one day an FBI agent suddenly comes to the company

BakerHostetler"Legal Economics-How to Minimize Fines and Settlements? Legal and Economic Consideration" Seminar 2019, Lectured by Partner Jack Fonatiari and Economist Dr. Fredrick Warren Bolton It was held in Tokyo on March 3th.

Attorney Phonachiari has also defended many clients in cartel cases in the United States and the EU, and has many years of experience in complex and large-scale commercial proceedings, antitrust cases and white-collar defense.In antitrust cases of Japanese companies, he also served as a defense counsel for a major shipping company, and for the first time in a large-scale case, the fines were reversed in Japan and the United States (the fines imposed in Japan significantly increased the fines imposed in the United States It is also the driving force behind the case (exceeding).With many years of experience as a lawyer and accumulated trust and achievements, we have saved many Japanese companies.In addition, economist Dr. Warren Bolton has a history of serving as Chief Economist of the US Department of Justice's Anti-Trust Bureau and as the first Attorney General for Economic Analysis, and has gained insights from their extensive experience. Many students packed the venue to rent it.

Phonachiari Lawyer

The seminar consisted primarily of commentary on antitrust status, how to reduce damages, the costs incurred in the case of an investigation, and an effective compliance program for the future.The outline of the seminar contents is introduced below.

Phonachiari Lawyer

In recent years, many Japanese companies have been investigated by the US government, and there have been many cases of prosecution or conviction and criminal penalties such as huge compensation and imprisonment of employees.Most of them were due to the detection of car parts cartels, but the investigation by these governments has finally come to an end, and now many companies are forced to deal with civil lawsuits (class action) following criminal cases, and many companies have huge settlement money. It is a situation to pay.The anti-trust investigation by the U.S. government, which has seemingly slowed down, will continue to calm down, or the investigation by the U.S. Department of Justice will be activated again due to fraudulent inspections and data falsification cases that have been making noise in the media these days. He talked about how Japanese companies should reduce costs from the perspective of legal defense, such as the legal costs of being investigated by the US government and the costs of subsequent civil proceedings.Many of the cartel cases were launched by Amnesty International, and one day an investigator suddenly came in (called Dawn Raid, an on-site inspection without prior notice) to cooperate with the U.S. Department of Justice. Must be decided within 24 hours.The task of discovery (discovery procedure) becomes important because it is necessary to inform the Ministry of Justice of what kind of content to cooperate with, and it is necessary to grasp the content immediately within the company.Information usually needs to be provided within a couple of weeks, so early discovery and early submission of useful information will lead to a reduction in fines, and the order in which the information is provided to the Justice Ministry is crucial. The commentary with specific stories continued.

Dr. Warren Bolton

Dr. Warren Bolton

Dr. Warren Bolton explained specific guidelines for calculating "fines", which was often talked about by Attorney Fonatiari, and best practices for minimizing fines.The fine calculation guideline is calculated by multiplying 20% ​​of the affected transaction amount (due to the violation) by the liability score.The multiplier is based on the liability score and varies from 0.75 to 4 depending on the nature of the offense.To minimize this fine, it is effective to reduce the Volume of Commerce (VOC). The smaller the VOC, the lower the payment.In the US proceedings, the seminar was closed with the words that it would be wise to hire an economist immediately, as it is possible to reduce fines and damages by effectively calculating the figures involved in the proceedings.

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