Investor Presentaiton

Establishing the Japan Presence - Employment Agreements - Certain Provisions Treatment of Typical Employment Provisions • Discrimination: - Employers are prohibited from discriminating on the basis of gender, race, membership in a labour union, nationality, creed, social status, and family origin - Compared to the United States, there are fewer protected classes • Harassment: - - There are laws against sexual harassment similar to those in other jurisdictions In addition, there is a concept of "power harassment" which has recently received greater attention • Protective Provisions: - - Protective provisions, such as noncompetition, nonsolicitation, and confidentiality provisions, are enforced in Japan, largely on a case-by-case basis dependent on the particular facts Injunctions are typically more difficult to obtain and it is rare to be able to enjoin an employee from leaving an employer or from beginning employment in a new firm; the typical remedies are limited to monetary damages Morgan Lewis 31

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