Toshio Ibaraki is a member of Baker McKenzie’s Compliance and Misconduct Investigation Group and its Corporate/M&A Group in Tokyo. Prior to joining the Firm, he worked at a major international accounting firm, where he gained experience in accounting audits at listed companies. From 2005 to 2007, Toshio was seconded to the principal investment department of a major Japanese securities company, where he advised on a wide range of investment matters, including corporate restructuring investment and private equity investment. He was also seconded to Baker McKenzie Wong & Leow in Singapore from June 2011 until August 2012, where he assisted Japanese companies with compliance and investigation matters in Southeast Asia.
Toshio focuses his practice on general corporate law. He is particularly well-versed in corporate compliance and related areas. He has advised many Japanese clients on the establishment of effective compliance programs abroad and has extensive experience handling internal compliance investigations overseas and in Japan. In addition, he leverages his knowledge and experience in accounting and tax to advise on domestic and cross-border M&A transactions.
Representative Legal Matters
Compliance and Misconduct Investigation
- Conducted internal investigations for Japanese-listed companies and Japanese subsidiaries of US-listed companies with respect to improper accounting issues.
- Assisted several major Japanese manufacturers and trading companies in establishing and implementing anti-bribery and competition law compliance programs in Asia Pacific.
- Assisted a Japanese multinational company listed on the NYSE with a US FCPA investigation regarding bribery in Southeast Asia.
- Conducted an internal investigation for a Japanese multinational company listed on the TSE with respect to improper practices in public procurement in Southeast Asia and assisted in settlement negotiations with the World Bank’s INT.
- Assisted a Japanese multinational company listed on the TSE with an internal investigation into a widespread bribery scheme using multiple local agents in the APAC region.
- Conducted an internal investigation for Japan Transportation Consultants, Inc. in relation to bribery in Vietnam, Indonesia and Uzbekistan as a member of a third-party panel.
- Assisted with anti-bribery due diligence on an Indian business acquired by a Japanese manufacturer listed on the TSE.
- Assisted a multinational pharmaceutical company in an internal investigation into manipulation of study data in drug approval applications and assisted in discussions with the relevant authorities.
- Represented a Japanese auto parts manufacturer listed on the TSE in the investigation of an international cartel and in plea bargaining with the relevant authorities.
Corporate/Mergers and Acquisitions
- Acted for the purchaser in its acquisition of 100% of the shares of a Japanese video game company through tender offers in Japan and South Korea.
- Acted for The Dai-ichi Life Insurance Company, Limited in its acquisition of 100% of the shares of Protective Life Corporation, a US-listed insurance company (rated Best FIG Deal by FinanceAsia Japan 2014/15).
- Acted for a Japanese trading company in its minority acquisitions in resource development companies in Singapore and South Africa.
Professional Associations and Memberships
- Japanese Institute of Certified Public Accountants – Member
- Tokyo Bar Association – Member
- Certified Public Accountant~Japan (2003)
- Japan (2003)
- Columbia Law School (LL.M.) (2011)
- Waseda University (Bachelor of Economics) (1995)
- Author, “Recent trends in US FCPA enforcement and future forecast under the Biden administration,” JCAA, December 2021
- Co-author, “US v. Hoskins Case Study – Extraterritorial Application of the US FCPA,” NBL, Shojihomu, December 2020
- Co-author, “US DOJ FCPA Corporate Enforcement Policy,” NBL, Shojihomu, March 2018
- Author, “Global compliance: Recent trends – Publication of Foreign Anti-Bribery Guidance by the Japan Federation of Bar Associations,” Financial Law Journal, Kinzai, October 2016
- Co-author, “Revision of Guidelines to Prevent Bribery of Foreign Public Officials,” (1), (2) and (3), NBL, Shojihomu, October, November and December 2015
- Co-author, “Investment in Asia and Compliance Strategy – Three Stage Analysis,” Chuo Keizaisha, January 2014
- Co-author, “Managing Corruption Risks Faced by Multinational Companies – From the US FCPA to Bribery Laws in Asia,” Chuo Keizaisha, May 2013
- Co-author, “How to Respond to the November 2012 US FCPA Resource Guide,” Business Law Journal, LexisNexis, March 2013
- Co-author, “Navigating Business Expansion into Southeast Asia,” Business Homu, Chuo Keizaisha, October 2012
- Co-author, “World Legal & Business Guide No. 9: Singapore,” Business Law Journal, LexisNexis, December 2011