This was typical legal work from an outside law firm for its long-time client. But that began to morph into a more complex relationship in the months leading up to Ghosn and Kelly`s arrest. “L&W is not independent because they were involved in the facts under investigation and acknowledge that they may be called as witnesses,” Allen & Overy, a law firm that advises Nissan`s legal department, wrote in a January 2019 letter. The resulting report — codenamed Kali 10 of Nada, for the Hindu goddess and destroyer of evil — was more than 170 pages long and reserved for a select group within Nissan. An army of lawyers and paralegals from Latham & Watkins in Tokyo and Los Angeles spent hours sifting through emails to create a timeline of how Ghosn`s salary was created and who decided what and when. Several sources, including former insiders, tell us that in the six months since Ghosn`s arrest, Nissan has spent more than $200 million on legal fees and related costs — hiring investigators and retaining former employees with non-disclosure agreements. Ghosn, now 67 and living in exile in Lebanon, gave Wards a second interview to discuss a range of issues, including prosecutions (he`s involved in up to eight, depending on how you count) and, in particular, new evidence that has surfaced in ongoing cases in Japan. in Lebanon and Tennessee. We apply the laws best suited to everyone`s needs to keep costs down and provide you with an effective solution to your Nissan transmission problems. Despite what Passi, who reported to Nada, calls his deeply contradictory position, Latham & Watkins remains Nissan`s top legal adviser as the automaker continues to deal with the consequences of Ghosn`s loss, including in court. While it is unclear what constitutes a victory or defeat on the legal front, the fact that new information is leaking could support Ghosn`s case. And given where Ghosn was two years ago, awaiting trial and facing an almost certain guilty verdict in Japan`s “hostage justice” system, with the prospect of spending most of the rest of his life in a Japanese prison, he has clearly made progress. “Nissan`s internal investigation, conducted jointly with Latham & Watkins, was marred by conflicts of interest and not independent,” Ghosn spokeswoman Leslie Jung-Isenwater said.
“As Nissan`s long-time external advisor, the company was indeed not an independent investigator because it had provided legal advice on the very matters under investigation.” At present, he is working on two cases – one involving an alleged criminal violation in Lebanon, where he arrived in November. On May 19, 2018, minutes after his arrest in Japan, Nissan and his U.S. law firm Latham & Watkins raided his Beirut residence without a warrant and “stole” (in Ghosn`s words) his computer and personal papers. Separately, they took with them the legal acts of his former lawyer, which were protected by solicitor-client privilege, without a warrant, which were kept at a Nissan dealer. Yamamuro also focused on other conflicts. He pointed to serious problems in Nissan`s interactions with Japanese prosecutors regarding the handling and review of exculpatory evidence related to the allegations against Ghosn and Kelly. Yamamuro did not respond to a request for comment. You bought a Nissan vehicle and you expected a reliable car that would serve you for years. Unfortunately, gearbox problems continued to appear, resulting in lost dealer time, costly repairs, and more. Which is often the biggest or second biggest investment a person can make, buying a new car shouldn`t come with those headaches, wasted time, and costs.
We`re here to help you get back all the compensation you deserve. PARIS, June 21 (Reuters) – Automotive partner Renault (RENA. PA) and Nissan (7201.T) are being sued in France by customers who had problems with certain engines manufactured between 2012 and 2016. Read more about the problems faced by Nissan vehicle owners with CVT transmission problems→ Christophe Leguevaques, a lawyer involved in the lawsuit against Renault and Nissan, said the joint lawsuit represented the claims of about 1,100 people. The complaint concerns the automakers` 1.2-liter four-cylinder gasoline engine, which was used in hundreds of thousands of Renault, Nissan, Dacia and Mercedes-Benz models from 2012 to 2018. Is he considering further legal action? “We will. We now have evidence of what they did. In fact, Nissan is facing an avalanche of requests for documents related to the case, as well as names of key people in management who want to remove Ghosn`s lawyers. The automaker, we were told, resists every turn, resorting to legal formalities such as: Japanese court rules do not allow for the disclosure of documents. Christophe Léguevaques, a lawyer for the legal platform MyLeo involved in the lawsuit, said the companies had just been notified of the class action, which represents about 1,100 people. No fewer than six other law firms, one from Renault and the other from Nissan, warned the automaker`s legal department, then headed by former General Counsel Passi, of the potential legal risks and conflicts of interest related to the inclusion of Nada and Latham & Watkins in the investigation. The warnings didn`t just come from other law firms.
Megumi Yamamuro, a former judge hired by Nissan`s legal department in 2019 to advise on criminal cases, told the automaker`s lawyers that he was shocked by Latham & Watkins` involvement in the investigation into Ghosn and Kelly given the company`s conflicts of interest, according to a summary of a July 2019 meeting between Yamamuro`s lawyers. Passi and Nissan. Renault and Nissan are in France with legal action. customers who have had problems with some of their engines. On July 3, 2018, Kobayashi Nada — who was head of legal affairs at Nissan at the time — discussed disclosure requirements in Japan if Nissan wanted to pay Ghosn out of his pension before he retired, according to an email seen by Bloomberg. This was in response to Ghosn`s questions, which were forwarded to the company via Nada and Kelly. “First and foremost, we encourage customers who believe they may be affected by this issue to contact their local Nissan dealer who will properly inspect and diagnose the vehicle and provide the necessary assistance,” Nissan said in a statement. In late 2019, two lawyers from Latham & Watkins` Tokyo office involved in the Ghosn investigation left the firm because they feared their careers would be affected by their contradictory role as pioneers and investigators, according to several people familiar with his thinking at the time. When companies are pressured to conduct an internal investigation, it is common practice for the board of directors to hire an outside law firm unrelated to the company to conduct the investigation. That was the case earlier this year with Toshiba, which was accused by activist shareholders of working with the Japanese government to thwart its efforts to get directors on the board and have a say in the electronics maker`s strategy.
In the Beirut criminal case, Ghosn said: “You have certainly broken Lebanese law. They took my archives and documents as well as my former lawyer`s hard drive. And they weren`t the police. In addition, some of the evidence, including personal documents extracted from searches at his residences in Amsterdam, Beirut, Rio de Janeiro and Tokyo, was withheld from the public by Nissan and the Tokyo prosecutor`s office. That evidence could exonerate him and Kelly on at least the first two counts — concealing 9.3 billion yen ($85 million) in retirement income. “Latham strongly disagrees with any suggestion that the internal investigation was biased, noting that many independent agencies and law enforcement agencies in Japan and the United States conducted their own thorough and independent investigations and reached conclusions consistent with those of the internal investigation,” the company said. In an Aug. 24 court order, the six executives who secretly planned to remove Ghosn from management were identified for the first time in a court case and invited to testify. Nissan has agreed to allow five of the six people to testify in writing.
James Wareham, Kelly`s U.S. attorney, called Latham & Watkins “the most controversial law firm in the world” because it led the investigation into its own practice and should never have agreed to take over the investigation. Nissan`s board “must hire a truly independent consultant to look into the whole affair – Nada`s role, as well as the role of other conspirators; the role of the Ministry of Economy, Trade and Industry; and the role of Japanese prosecutors,” he said. Passi sued the automaker last year for wrongful dismissal, saying he was fired after questioning whether the law firm had acted in Nissan`s best interest. “I was incredibly surprised and shocked. What will it look like if you have the same lawyers investigating things, including their own work? The situation was ripe for wrongdoing,” he said. Ghosn`s main goal, of course, remains unchanged: to clear his name. In Rio de Janeiro, he claims that this is a transaction originally operated at Nissan North America Inc. in Franklin, TN, Nissan removed the contents from his personal safe.
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