The Legal 500

Herbert Smith Freehills is the ‘number-one firm in Tokyo for dispute resolution – no question about it’. Its superb practice covers commercial arbitration, litigation, investigations and contentious public international law, and is ‘fantastic for response time, teamwork and commitment’. The team advised a consortium of investors in an LCIA arbitration, with satellite litigation in the BVI, in a shareholder dispute over control of a multibillion-dollar natural resources project. It is also representing a Japanese trading company in ongoing multiple regulatory issues, investigations and overseas litigation arising from international commodity trading. Managing partner Peter Godwin has ‘outstanding expertise, insight and experience’, and ‘provides quick and right-on-the-mark advice’. Dominic Roughton has ‘a high-speed brain’, and is ‘client-oriented and hardworking’. Gavin Margetson, David Gilmore and Emma Kratochvilova are also recommended.

Arguably ‘the US firm with the strongest Tokyo office’, Morrison & Foerster Ito & Mitomi ‘can provide a unique level of service and resources for Japanese clients’. The firm fields ‘a very broad and deep team, so experts in any particular area are available’. Max Olson is praised for his ‘very sophisticated advice and manner of action’. The firm secured a victory for Nikon in patent litigation against Anvik Corporation in the Southern District of New York; is defending Rio Tinto against claims that it is responsible for the actions of members of the Papua New Guinea defence force after the violent takeover of a copper mine; and successfully represented JAL in three court cases in Hawaii federal and district courts concerning a failed property development. Craig Celniker is ‘a born litigator and negotiator; working with him is a pleasant and enjoyable experience’, say clients. Jack Londen and Louise Stoupe are also recommended. Peter Stern relocated to San Francisco.

Baker & McKenzie (Gaikokuho Joint Enterprise) provides ‘top-notch advice with a great mix of legal, business and practical guidance’. Areas of focus are international arbitration, tax litigation and compliance and regulatory investigations. The firm is representing an Australian pharmaceuticals company in an ICC arbitration concerning a claim by a Japanese general incorporated foundation; and advising a Japanese transportation machinery company in an alleged violation of the Japanese and US international trade laws regarding economic sanctions against Iran. Haig Oghigian ‘explains complex issues in a clear and concise way’, and has ‘in-depth knowledge of the Japanese legal system in arbitration’. Yoshiaki Muto, Yaeko Hodaka, Kengo Nishigaki and Akira Inoue are also recommended.

Hogan Lovells Horitsu Jimusho Gaikokuho Kyodo Jigyo’s team is ‘very punctual, transparent and trustworthy’, and ‘the level of cost performance is excellent’. In 2011, the team welcomed commercial dispute resolution partner Patric McGonigal from Barlow Lyde & Gilbert. The team’s experience includes general commercial, insurance, projects, trade finance and international trade litigation, and, particularly, international arbitration. The firm has the ability to advise not only on cross-border disputes with a Japanese element, but also on matters of Japanese law. Lloyd Parker, Eiichiro Kubota and Philippe Riesen can advise on contentious IP matters, and Tony Marshall and Timothy Hill handle construction disputes.

Quinn Emanuel Urquhart & Sullivan, LLP has a strong reputation in the market and joins the table this year. Head of the Tokyo office Ryan Goldstein leads the dispute resolution practice, and his team handles litigation and class actions, and also frequently appears in ICC arbitrations. Issues at stake include complex business litigation – such as contractual disputes, IP, antitrust, defamation, and product liability – and criminal investigations. Clients include Nissan Chemical, Isuzu, Marubeni, Suzuki Motors, IBM, Asia University, Johnson & Johnson, Mitsubishi Rayon, and Sony Bank. Wayne Alexander and of counsel Marc Weinstein are experienced IP lawyers.

White & Case LLP- White & Case Law Offices (Registered Association) is ‘one of the best law firms, especially for US cases’, and clients rate the ‘exceptionally high level of service’ provided by its ‘very well trained and knowledgeable’ team. The firm has been defending a leading Japanese manufacturer and affiliated companies in putative antitrust class actions by direct and indirect purchasers of cathode ray tubes. It is also representing an Asian contractor in a $1.4bn ICC arbitration concerning a dispute with a state petroleum company arising from the refurbishment and expansion of an oil refinery and pipelines. David Case is praised for his ‘sincerity, professional support and ability to organise an appropriate team’. Yuji Ogiwara and Osamu Umejima are also highly recommended.

Freshfields Bruckhaus Deringer’s dispute resolution practice famously covers employment law cases but also handles derivatives, real estate and other commercial disputes. The team has ‘a deep and practical understanding of labour dispute dynamics in Japan’, and is also rated for acting in ‘structured trade disputes through its close co-ordination with the financial transaction team’. The firm is also building up its international arbitration expertise, and is representing a foreign government agency in a dispute with a real estate agency over the sale of property held by the client. ‘An outstanding litigator’, Kazuki Okada has a ‘most effective manner’ and is ‘excellent in out-of-court settlement negotiation’. Senior counsel Akiko Yamakawa is also recommended.

Yoji Maeda heads O’Melveny & Myers Gaikokuho Kyodojigyo Horitsujimusho’s team, which defended hundreds of consumer finance companies in the kabarai litigation. Scott Nonaka leads the international disputes group, which handles international arbitration, antitrust issues and Department of Justice investigations. The firm is representing Asahi Tec Corporation in an action brought by the Pension Benefit Guaranty Corporation (PBGC) in Federal District Court in Washington DC. The PBGC alleges that Asahi Tec is liable for $175m in unfunded pensions liabilities and termination penalties following the termination of the pension scheme of Asahi Tec’s former US subsidiary.

Orrick, Herrington & Sutcliffe LLP’s litigation group joined from Paul Hastings LLP in 2011, and has settled in well. Clients rate the team’s ‘well thought out and client-oriented advice’. The firm is representing a large manufacturer of homebuilding products in product liability litigation and a tort claim, and is advising a globalised Japanese manufacturer on a compliance investigation including FCPA and anti-bribery acts in Russia, Brazil and China. Clients include Fujikin, Patagonia, and Sekisui Fuller. Head of the litigation group Yoshihiro Takatori is ‘particularly good’, and is recommended as an arbitrator. Of counsel Shinsuke Yakura is also recommended.

At Bingham McCutchen Murase, Sakai Mimura Aizawa – Foreign Law Joint Enterprise, former judges of the Tokyo District Court Atsushi Yamada and of counsel Toshiji Sato are recommended. Sato is a qualified arbitrator. Harumi Kojo is very experienced in IP litigation.

Clifford Chance Law Office’s small but very capable dispute resolution team has arbitration and anti-corruption practices, and provides ‘outstanding service’. It is representing a media distributor in an arbitration relating to television broadcasting rights and advising a Japanese vehicle equipment manufacturer in a dispute with a sub-contractor over quality issues. Counsel Michelle Mizutani is recommended and gives ‘well-prepared advice’, with one client noting that ‘although our matter was not particularly large, we felt we received the same quality of service as her largest client’. Miho Mizuguchi and Hidehiko Suzuki are also recommended.

Jones Day gives ‘excellent service, in terms of efficiency, precision and outcome’. The firm defended MSA Japan in a dispute with Ogawa Seiki relating to a defective surgical mask. Rika Sato is ‘well versed in foreign cases and good at communication with foreign clients’. Scott Jones, who has arbitration experience, and Yuichiro Mori are also recommended.