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Recent Formulation of Guidelines for random type sales of NFT

Recently, Japan’s Council for Sports Ecosystem Promotion (“C-SEP”) established guidelines for both NFT random sales and NFT secondary distribution markets. These guidelines are welcome additions to the Japanese NFT landscape, as simultaneous presence of NFT random type sales services (sales methods in which the NFT provided is randomly determined, including package sales, Gacha sales, package sales, reveal sales and random generation sales) and secondary distribution markets has seen experts and political circles alike holding discussions on its legality in relation to gambling. Indeed, on 26 April 2022, the Liberal Democratic Party's Headquarters for the Promotion of a Digital Society released an “NFT Whitepaper, which states that “the relevant ministries and agencies should clearly demonstrate that at least certain types of...To read the full article, please see the PDF file

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IT/Media/Entertainment/Sports Newsletter (December 6, 2022) (292 KB / 9 pages) Download PDF [293 KB]

Authors

平尾 覚

His main practice area is corporate crisis management and litigation. He is also highly knowledgeable and experienced on matters involving foreign investigations and regulatory authorities. He has dealt with many cases in relation to investigations by the Securities and Exchange Surveillance Commission, the Japanese Fair Trade Commission, the Japanese Public Prosecutor’s Office, etc., as well as foreign authorities such as the U.S. Department of Justice. He has also dealt with a variety of cases such as misconduct by executives and employees, violation of environmental regulations, violation of the regulation regarding pharmaceutical and medical equipment, etc. In addition to cases that require emergency responses, he has advised many companies to build effective whistleblowing systems and anti-bribery compliance programs, and he has assisted with due diligence procedures from a compliance perspective.

稲垣 弘則

He understands and solves his client’s essential needs and challenges by leveraging his extensive domestic and international connections in the sports and entertainment field as well as his experience gained during secondment to the business side of a domestic sports management company.
He has assisted numerous companies in the area of Sports Digital Transformation (data business, sports betting, fantasy sports, NFT, sports tokens) and is experienced in cases involving a wide range of legal issues at the intersection of sports and technology. He is also the
Representative Director of the Council for Sports Ecosystem Promotion, an industry organization that aims to industrialize sports using digital transformation, etc., and is well versed in the latest trends and issues in the industry both domestically and internationally.

Kaori Hirose primarily specializes in corporate crisis management and compliance-related matters and has particular expertise on global compliance cases.
In that area, she regularly counsels clients on a wide variety of legal issues, including bribery to foreign officials (FCPA), cartels, and other compliance matters involving antitrust laws, as well as product quality/inspection fraud and environmental regulation violations. She provides comprehensive advice throughout the entirety of a corporate crisis, starting from occurrence of the crisis, through internal investigation, to the establishment of preventive measures. She collaborates with local counsel in other countries to support clients in regard to both internal investigations and those by governmental authorities, and also advises global companies on the development of compliance systems and internal rules, etc. under normal corporate operating conditions.
Furthermore, by leveraging the experience she obtained through her secondment to law firms in Latin America, she provides support and legal advice on compliance and general corporate matters to clients that conduct business in Latin American countries.