Abstract

http://ssrn.com/abstract=1658441
 


 



Doing Deals in Japan: An Analysis of Recent Trends and Developments for the U.S. Practitioner


Christopher T. Hines


Northern Illinois University College of Law

Tatsuya Tanigawa


Nishimura & Asahi

Andrew P. Hughes


Optinuity Alliance Resources Corporation, an MBIA Inc. Company

December 2006

Columbia Business Law Review, Vol. 2006, p. 355, 2006

Abstract:     
This article examines the process which is currently being played out in Japan by: (i) analyzing the recent changes in Japanese law of relevance to M&A deals, (ii) discussing some recent contested deals in Japan that may shed some light on current market practices, and (iii) providing an overview of the key issues that a U.S. practitioner will likely face when working on a Japanese deal good starting point in better understanding the remarkable changes in the Japanese M&A markets is to review the recent amendments to Japanese law, certain policy initiatives by the functional regulators, and other guidelines issued by Japanese government agencies. In concert with the changes in Japanese law, we have seen an increase in the number of contested deals in Japan in recent years. [T]he challenge for the U.S. practitioner is to boil down the complexity of Japanese M&A to a list of key issues that should be reviewed in any transaction which involves Japanese entities. [W]e have set forth some of the main issues under Japanese law and U.S. securities laws that have often come into play in Japanese dealscurrent Japanese M&A market presents opportunities for U.S. companies and their advisors that are arguably the most promising in recent history. [G]iven the challenges posed by the opportunities in the Japanese M&A market, the importance of well informed and considered decision-making will be essential in order to ensure that U.S. companies compete and succeed in doing Japanese deals.

Number of Pages in PDF File: 88

Keywords: Japan, Securities, Mergers & Acquisitions, Takeovers, Defensive Measures, Poison Pills, Corporate Value, Tender Offers, Cross-Border Rules, Livedoor, UFJ, MTFG

Accepted Paper Series





Download This Paper

Date posted: August 14, 2010 ; Last revised: March 3, 2012

Suggested Citation

Hines, Christopher T. and Tanigawa, Tatsuya and Hughes, Andrew P., Doing Deals in Japan: An Analysis of Recent Trends and Developments for the U.S. Practitioner (December 2006). Columbia Business Law Review, Vol. 2006, p. 355, 2006. Available at SSRN: http://ssrn.com/abstract=1658441

Contact Information

Christopher T. Hines (Contact Author)
Northern Illinois University College of Law ( email )
Swen Parson Hall
DeKalb, IL 60115
United States
(815) 753-9489 (Phone)
(815) 753-9301 (Fax)
HOME PAGE: http://www.niu.edu/law/faculty/directory/christopher_hines.shtml
Tatsuya Tanigawa
Nishimura & Asahi ( email )
Ark Mori Bldg. 28F
Akasaka 1-12-32, Minato-ku
Tokyo, 107-6029
Japan
+81-3-5562-8563 (Phone)
+81-3-5561-9711 (Fax)
HOME PAGE: http://www.jurists.co.jp
Andrew P. Hughes
Optinuity Alliance Resources Corporation, an MBIA Inc. Company ( email )
NY
United States
(914) 765-3245 (Phone)
(914) 765-3919 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 401
Downloads: 35

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.313 seconds