Services

General Corporate/Commercial

With decades of experience assisting multinational corporations as well as new entrants to the Japanese market, we are a trusted advisor to foreign clients doing business in Japan. Our services in this area include advising on various aspects of commercial transactions from negotiation of contracts to resolving disputes that arise out of them. We also advise on a variety of employment issues as well as other fundamental areas of law relevant to the operation of a Japanese corporation. We respond to client inquiries swiftly, understanding that when an emergency arises in the course of a company’s day to day business, it is essential to take action quickly before opportunities are lost or small issues develop into more serious problems.

Related Publications
  • Chinese Listing Regulations in Japan
    “Study of Japan and Malaysia Regulations on Investment in Chinese Companies” (China Financial Publishing, March 2018) Shinichiro Abe
  • Japanese Newly Amended Companies Act
    Yachiyo Publishing (May 2016) Shinichiro Abe
  • Japanese Exemptions from Application, etc.
    Discussion Points System Companies Act Supplement, First Laws and Regulations (2015) Shinichiro Abe
  • Japanese Japanese Business Law Practice Q&A
    Sankyo Hoki Publishing (September 2015) Shinichiro Abe
  • Japanese Liquidation,Discussion Points System Companies Act 4
    First Laws and Regulations (February 2012) Shinichiro Abe

Dispute Resolution (Litigation, Arbitration, Mediation and Other ADR)

We have represented clients in a variety of matters from large-scale complex litigation of listed companies to commercial disputes of small to mid-sized businesses. Our experience also includes crossborder arbitration and mediation. Where needed, we are also able to draw upon an international network of resected dispute resolution professionals with whom we have forged strong relationships. We advise on the different stages and aspects of disputes, from assisting clients to prevent disagreements from developing into costly legal action, to advising on litigation strategy where issues do develop to that stage, to gathering evidence in defending or pursuing an action. In representing our clients in disputes, we are guided by the best interests of the client, including the need to resolve disputes in a cost-effective manner. We are committed to seeking the best result for each client and are mindful that the “best result” will always be different for each client depending on the circumstances as well as the needs and values of the client’s organization in each case.

Related Publications
  • Japanese New Crossborder Disputes Practice Strategies
    LexisNexis Japan (2016) Yoshihiro Takatori
  • Japanese Litigation Strategy for the Leak of Trade Secrets
    (Business Law)(2015) CHUOKEIZAI-SHA, Inc. Yoshihiro Takatori
  • Japanese Strategic Approaches to the Resolution of Civil Disputes (Including International Arbitration) Between Japanese and Russian Companies (First and second parts)― Effective Procedures for the Resolution of Disputes for Russia Related Businesses
    (JCA Journal No. 656, No. 657)(2012) Japan Commercial Arbitration Association Yoshihiro Takatori
  • Japanese International Arbitration Teaching Material
    Shinzansha Publisher Co., Ltd. (2015), Supervisor and author Yoshihiro Takatori
  • Japanese Measures for Expediting International Arbitration and Saving Costs
    (JCA Journal No. 669)(2013) Japan Commercial Arbitration Association Yoshihiro Takatori

Crossborder Practice

We are proud of the international experience of our attorneys. Each of our partners have studied law in the U.S. and have decades of experience with working on crossborder matters for Japanese and foreign clients alike. Our clients can therefore rely on us not only for our Japanese law expertise but also our understanding of the concerns of global business. Our collective experience includes negotiating and setting up crossborder joint ventures as well as advising companies on a variety of matters concerning their Japan operations from setting up a business in Japan, to compliance, employment disputes, corporate governance and other matters in operating the business, to winding down the business.

Related Publications
  • Japanese New Crossborder Disputes Practice Strategies
    (Business Law)(2014) CHUOKEIZAI-SHA, Inc. Yoshihiro Takatori
  • Japanese Practice of Insurance Claims When Disaster Hits
    JCA Journal No.667 (2013) Japan Commercial Arbitration Association Yoshihiro Takatori

Compliance & Crisis Management

As governments respond to changing domestic and global circumstances with more restrictions and regulation, it has become increasingly difficult for businesses to keep up. We believe that this makes it even more important for businesses to establish processes and action plans to respond to these pressures. Going far beyond simple checklists, we provide a variety of services to help clients heighten their readiness for responding to regulatory issues. Our services include training as well as simulated exercises for responding to regulatory action. In advising on these matters, we consider risk mitigation from a variety of perspectives including: civil liability, criminal liability, regulatory action and reputational risk (e.g. media coverage). We have extensive knowledge of the regulatory frameworks in Japan in a variety of areas including antitrust and data privacy. With our international experience, we are also sensitive to the concerns of global business with respect to regulations having a global reach, such as the FCPA, the UK Bribery Act and the GDPR as well as cybersecurity issues.

Related Publications
  • Japanese Developments in Sanctions Against Russia and Countermeasures by Russia – Points to Keep in Mind Including Dispute Resolution in Light of Recent Moves by the Authorities and Courts in Russia
    (JCA Journal No. 748) (2019) Japan Commercial Arbitration Association, Author Yoshihiro Takatori
  • Japanese Compliance – Whistleblower Risks/Day-to-Day Strategic Responses to the FCPA, UKBA for Which There Is No Right Answer But There Is a Right Process
    Japan Overseas Enterprises Association (2014) Yoshihiro Takatori
  • Japanese International Disputes (U.S. Foreign Corrupt Practices Act, U.K. Bribery Act) Latent Risks in Global Business What Is Important Is the Process and Evidence
    Economist (2013) The Mainichi Newspapers Yoshihiro Takatori
  • Japanese Detailed Steps for Responding to the U.S. Foreign Corrupt Practices Act (FCPA) and the U.K. Bribery Act (UKBA) in Crossborder/Risk Management
    The Lawyers (2013) Yoshihiro Takatori

M&A, Restructuring and Corporate Reorganizations

During the life of every business, it is almost inevitable that there will come time for some form of M&A for growth or conversely, for restructuring to streamline operations. We have extensive experience as legal advisors on such M&A transactions and corporate transformations. Where needed we may team up with audit firms and consultants for a project. We are also able to draw on our extensive track record of assisting on crossborder insolvency matters including U.S. Chapter 11 proceedings as well as insolvency proceedings in Europe, China and other jurisdictions in Asia.

Related Publications
  • Japanese The Bankruptcy System in Europe
    Author, “Development of Civil Procedural Laws – Compilation of Papers Commemorating the 70th Birthday of Professor Tetsuo Kato” (March 2020), edited by Koichi Miki et al. Shinichiro Abe
  • Japanese Versatility Examined from the Viewpoint of the Trajectory of Turnaround ADR – Based on 10 Years of Analysis
    Turnaround and Claims Management No.164 (April 2019) Kinzai Institute for Financial Affairs Shinichiro Abe
  • Japanese For the Further Development of Turnaround ADR
    NBL No.1140 Shojihomu (February 2019) Shinichiro Abe
  • English Recent developments in Japanese insolvency practice
    International Insolvency &Restructuring Report 2018/2019 (Capital Market Intelligence, 2018) Shinichiro Abe
  • Japanese Versatility Examined from the Viewpoint of the Trajectory of Turnaround ADR – Based on 10 Years of Analysis
    Shojihomu “NBL No.1140” (February 2019) Shinichiro Abe

International Arbitration Chambers

With arbitrators and mediators offering world class experience and skill, we are able to determine disputes confidentially, swiftly, with expertise and with enforceability not only in Japan but also internationally under the New York Convention as well as the Singapore Convention. From disputes over force majeure clauses arising from the Covid-19 pandemic situation to M&A related disputes, we are able to act as arbitrators for disputes covered under the laws of various jurisdictions whether the arbitration is conducted in Japan or elsewhere, such as Singapore, Korea, Europe or the U.S.

Related Publications
  • English Interaction between Arbitral Tribunals Seated in Japan and In Japanese Courts
    International Business Law (Second Edition), (Wolters Kluwer, September 2019) Shinichiro Abe
  • English The Role of Mediation in In Japanese Insolvency Practice
    Transnational Dispute Management Vol.14, issue4 (TDM, 2017) Shinichiro Abe

Antitrust

We have extensive experience with advising on antitrust matters, including assisting clients through the leniency program of the Japan Fair Trade Commission (JFTC). With a focus on risk mitigation, we apply our experience to assisting our clients in negotiating for leniency, responding to JFTC investigations as well as defending lawsuits arising out of antitrust matters. Our experience with advising on antitrust matters involving multiple regulatory authorities also informs our advice for clients with international business operations.

Related Publications
  • Japanese Treatment of Joint Ventures Under U.S. Antitrust Law
    Transnational Dispute Management Vol.14, issue4 (TDM, 2017) Yoshihiro Takatori
  • Japanese Recent Developments in the Extraterritorial Application of U.S. Antimonopoly Law
    (JCA Journal No.693)(2015) Japan Commercial Arbitration Association Yoshihiro Takatori
  • Japanese Litigation Practice for Pursuing Damages for Violations of EU Competition Law
    International Shojihomu No.609 (2013) Yoshihiro Takatori
  • Japanese Responding to Administrative Investigations, Criminal Investigations and On-Site Inspections
    Editor and author, Fumio Koma, “Cartels and Leniency Legal Practice Use of the Cartels System and Leniency System from the Perspective of the Alleged Violator”135ff Shojihomu (March 2008) Shinichiro Abe

Intellectual Property

In addition to Japanese patent litigation, our capabilities include international arbitration and mediation for resolving disputes pertaining to standard-essential patents (SEP). Our intellectual property practice also includes advising and representing clients with respect to trademark and copyright issues as well as anticounterfeiting.

Related Publications
  • Japanese Exhaustion of U.S. Patent Rights and Implications on Japanese Companies Doing Business In the U.S.
    JCA Journal No.677 (2013) Japan Commercial Arbitration Association Yoshihiro Takatori
  • Japanese Steps Against Crossborder Forgeries/Counterfeit Products, Strategic Significance of Cases Involving Recognition of Damage Awards Under the Application of Foreign Laws: A Study into the Tokyo District Court Decision of March 25, 2001, etc.
    IP Management (2013) Japan Intellectual Property Association, Journals and Public Affairs Committee member Yoshihiro Takatori

Cybersecurity/Data Security

We assist clients with the various aspects of establishing legal protections for personal information, intellectual property and other digitized assets. As the pace of technological innovation increases, data leaks and hacks continue to become a focus of concern for businesses across the world. While absolute protection against hacking may be difficult in this increasingly connected world, we believe that there are measures that businesses can and should take in order to preserve the ability to pursue legal recourse as well as to protect against liability. Our services in this area include preparing and reviewing legal documentation, assisting with vulnerability test evaluations, as well as advising on measures for maintaining privilege and various other legal aspects of cybersecurity and data security.

Related Publications
  • Japanese Cybersecurity Strategies for Litigation/Compliance
    Author, (2015) NTT Publishing Co., Ltd. Yoshihiro Takatori