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
  • Japanese 神田秀樹編著『会社法コンメンタール15 持分会社[2]』(担当:第627条・635条・636条・670条[債権者の異議])
    商事法務(2018年10月) Hisaei “Chuck” ITO
  • Japanese Reflections on Legal Approach to Management Theory
    Rikkyo Business Review No. 10, pp 41- 58. (2017) Hisaei “Chuck” ITO
  • Japanese Re-examining the Theory of Negotiable Instruments – Perspective in Credit Theory of Money
    Comparative Law Review Vol.52 No. 2 pp 179-210.(2018) Hisaei “Chuck” ITO
  • Japanese Features of Modern Business Transaction and Legal Approach to Them
    Chuo Law Journal Vol. 15 No.1 pp 141- 155. (2018) Hisaei “Chuck” ITO
  • Japanese Reflections on Law of Payment
    The Institute of Comparative Law in Japan ed., BEYOND GLOBALIZATION – FUTURE OF COMPARATIVE STUDY IN ASIA/PACIFIC, Chuo Uni. Pr., 2020, pp 51-74. Hisaei “Chuck” ITO

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
  • News Yoshihiro Takatori was selected as BAND1 in the category of Dispute Resolution: Domestic in Japan and BAND3(the highest rank as Japanese) in the category of Dispute Resolution: International in Japan by “Chambers and Partners 2023”
    Chambers and Partners Asia-Pacific Rankings Dispute Resolution: Domestic in Japan, International in Japan Yoshihiro Takatori
  • Japanese Dispute Resolution in Cross-Border Transaction after the COVID-19
    Chuo Online Hisaei “Chuck” ITO
  • Japanese New Crossborder Disputes Practice Strategies
    LexisNexis Japan (2016) Yoshihiro Takatori
  • Japanese International Arbitration Teaching Material
    Shinzansha Publisher Co., Ltd. (2015), Supervisor and author Yoshihiro Takatori
  • Japanese Litigation Strategy for the Leak of Trade Secrets
    (Business Law)(2015) CHUOKEIZAI-SHA, Inc. 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
  • News Yoshihiro Takatori was selected as BAND1 in the category of Dispute Resolution: Domestic in Japan and BAND3(the highest rank as Japanese) in the category of Dispute Resolution: International in Japan by “Chambers and Partners 2023”
    Chambers and Partners Asia-Pacific Rankings Dispute Resolution: Domestic in Japan, International in Japan Yoshihiro Takatori
  • English “Japan” section in CDR(Commercial Dispute Resolution)
    Global Legal Group (2021), co-author Shinichiro Abe
  • Japanese 翻訳:Howard Erichson「アメリカにおける大規模複雑訴訟の形態」
    比較法雑誌44巻2号185-204頁(2010年9月) Hisaei “Chuck” ITO
  • English Falling Law School in the US and Japan
    Chuo Online(July 2014) Hisaei “Chuck” ITO
  • English Developing New System for International Commercial Dispute Resolution: Singapore in Focus
    Chuo Online Hisaei “Chuck” ITO

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 Removal of CEO and Special Interested Director, Select 100 Cases of Corporate Law
    Yuhikaku, 2016, pp 136-137. Hisaei “Chuck” ITO
  • 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
  • News Shinichiro-Abe is selected as a Consultation group expert for Guide on Conducting an Out-of-court Workout in Asia
    Asian Business Law Institute and International Insolvency Institute (March 2023) Shinichiro Abe
  • 外国論文 Co-author of the Japan jurisdiction chapter in Corporate Restructuring and Insolvency in Asia 2020
    Asian Business Law Institute and International Insolvency Institute(Apr 2022) Shinichiro Abe
  • News Shinichiro-Abe is selected as a Consultation group expert for Guide on the Treatment of Insolvent Micro and Small Enterprises in Asia
    Asian Business Law Institute and International Insolvency Institute(May 2022) Shinichiro Abe
  • 論文 International Arbitration in Japanese Bankruptcy Cases
    "Japan Commercial Arbitration Journal VOL.2" (JCAA,2021) Shinichiro Abe
  • 著書 Method of Business Restructuring for Listed Corporations and Medium-sized Corporations
    事業再生と債権管理No.169(2020年7月) 金融財政事情研究会 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
  • 著書 国際仲裁・調停の活性化に向けた法改正と対応ポイント
    会社法務A2Z(2023年9月)第一法規株式会社 Yoshihiro Takatori
  • News Shinichiro Abe was involved in the Court of Arbitration for Sport(“CAS”) as a legal counsel in the Tokyo 2020 Olympic Games.
    Shinichiro Abe
  • Japanese Nurturing Legal Professions for Global Dispute Resolution
    Chuo Online Hisaei “Chuck” ITO
  • News Yoshi Takatori was appointed as a member of IWF Independent Disciplinary and Ethics Commission
    IWF(INTERNATIONAL WEIGHTLIFTING FEDERATION) Yoshihiro Takatori
  • English Interaction between Arbitral Tribunals Seated in Japan and In Japanese Courts
    International Business Law (Second Edition), (Wolters Kluwer, September 2019) 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