Makoto Ohsugi

Our attorneys, foreign law attorneys, and judicial scriveners are a multilingual team of legal professionals who have a deep understanding of doing business in Europe, the US, and Japan. We have a strong record of providing goal-oriented and practical solutions to our clients as we understand the business issues at hand.  We are recognized in the Japanese market as being the leading firm in representing German companies doing business in Japan and are proud to be the trusted law firm of the German and Austrian Embassies in Japan.  In the past few years, our law practice has tripled in size and has added attorneys with experience at top global firms including a US-based international firm, a UK magic circle firm, as well as the top five Japanese law firms.  We provide our clients with the personalized attention of a small firm coupled with our broad experience of dealing with international clients and transactions.

Foreign companies operating in Japan are constantly dealing with employment law issues as Japanese employment law can be difficult to understand and navigate for those used to more employer-friendly legal systems.  Employment regulations are also in a state of flux, as the Government of Japan moves forward with a package of labour-related reforms designed to address Japan’s social issues, such as their ageing and declining population.  Our team of labour and employment law attorneys help clients see the practical application of these regulations to their business, and work with companies to advise on the drafting of their employment contracts and internal work rules so that they are tailor-made to fit their business needs.

Our attorneys are also actively involved in advising on compliance with labour regulations and representing employers in employee and labour union dispute matters.  Some of our representative work in this area include:

• Advising companies on wrongful termination claims from former employees or labour unions;
• Advising companies and individuals on harassment claims, including power and sexual harassment;
• Representing companies on various employment law related disputes before the [Labor Tribunal and Labor Relations Commission,] and for civil litigation matters before the Tokyo District Court;
• Advising companies on how to appropriately draft their employment contracts, internal work rules, and other related documents; and
• Providing companies with training for their executives and other employees on compliance with labour regulations.

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Makoto Ohsugi’s practice covers general corporate matters and commercial transactions, labour and employment, disputes on international and domestic commercial transactions including international commercial arbitration procedures, and labour disputes (mainly acting for employers). 

Education

Keio University (LLB), 2003

University of South California, Gould School of Law (LLM), 2010

Admitted to practice in Japan in 2004.

Qualifications

CFE (certified fraud examiner).

Previous employment

K&L Gates Gaikokuho Joint Enterprise (2010–2014)

Mori Hamada & Matsumoto (2004 – 2010)

Publications

“Workplace Harassment Comes in Many Forms: How Can You Help Your Company Prevent and Deal with Harassment in the Workplace” (updated) (Japan Lawyers Guide 2019-2020, Lexis Nexis)

“Workplace Harassment Comes in Many Forms: How Can You Help Your Company Prevent and Deal With Harassment in the Workplace” (S&E Newsletter) August 2018

Presentations

“Japan’s Labor Officials Newly Aggressive Actions To Enforce Overtime Regulations – Overview of the MHLW’s Team to Eliminate Excessive Work and Practical Ways Companies Can Deal with Overtime Issues” (Asian Legal Business, Japan In-House Legal Summit) May 2017

“Japan’s Regulations and Key Issues on Employment Contract” (German Chamber of Commerce and Industry in Japan) 2016

“Protection of Trade Secrets and the Unfair Competition Act” (Winter School University of Augsburg, Germany) 2016

“Countermeasures for Mental Health Issues for Persons in Charge of HR” (German Chamber of Commerce and Industry in Japan) 2015

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