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Morrison & Foerster LLP

SHIN-MARUNOUCHI BUILDING, 29TH FLOOR, 5-1, MARUNOUCHI 1-CHOME, CHIYODA-KU, TOKYO 100-6529, JAPAN
Tel:
Work +81 3 3214 6522
Fax:
Fax +81 3 3214 6512
Email:
Web:
www.mofo.com

Japan: Antitrust and competition

Antitrust and competition ‚Äď International firms and joint ventures
Antitrust and competition ‚Äď International firms and joint ventures - ranked: tier 1

Morrison & Foerster LLP

Morrison & Foerster LLP's 'very high quality' antitrust offering in Tokyo gained considerable strength following the arrival of new global practice co-head Rony Gerrits from the Brussels office where he specialised in cartel investigations. Clients also single out Kei Amemiya for his 'deep experience in the competition field'. A team led by Gerrits and of counsel Kazuyasu Yoneyama collaborated with colleagues in Brussels to secure full immunity for Panasonic in the landmark 'autoparts cartel'. Chie Yakura is assisting the Japanese subsidiary of a global business in two JFTC investigations arising from suspicions of unfair trade practices. In other highlights, the firm is representing individuals in criminal proceedings brought by the US DoJ as well as handling a civil antitrust litigation against the importer and seller of products that infringe a client's patent. The 'very experienced' Daiske Yoshida joined from Latham & Watkins Gaikokuho Joint Enterprise in January 2019. James Robinson became a partner at Herbert Smith Freehills and of counsel Kentaro Hirayama left the firm.

Leading individuals

Kei Amemiya (Bengoshi) - Morrison & Foerster LLP

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Japan: Banking and finance

Banking and finance ‚Äď International firms and joint ventures
Banking and finance ‚Äď International firms and joint ventures - ranked: tier 2

Morrison & Foerster LLP

The banking team at Morrison & Foerster LLP advises domestic and international clients on acquisition finance, project finance, regulatory matters and derivatives transactions. In recent highlights, Keiko Yamazaki acted for a major Japanese bank in financing a series of high-value acquisitions across several industries. Also notable is senior counsel and team co-head Akihiro Wani who is advising CLS on the Japanese law aspects pertaining to the enforcement of trade terms and conditions in the context of international fund transfers. Dale Caldwell, the other co-head of the group, has significant experience in project finance transactions. Other key contacts include senior counsel Katsuhiko Fujihira who has been advising clients on the regulatory issues surrounding virtual currency exchange businesses.

Leading individuals

Akihiro Wani (Bengoshi) - Morrison & Foerster LLP

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Japan: Capital markets

Capital markets ‚Äď International firms and joint ventures
Capital markets ‚Äď International firms and joint ventures - ranked: tier 2

Morrison & Foerster LLP

At Morrison & Foerster LLP, Kenji Hosokawa and his team 'are reliable for J-REIT transactions' and 'the overall service is excellent'. Fuyuo Mitomi co-heads the practice with Hosokawa; the pair recently collaborated with Mitsutoshi Uchida as US counsel to SMBC Nikko and Mizuho on the JPY35bn global offering of shares by Japan Display to overseas financial institutions investors and a domestic business partner. The group has welcomed Jesse Gillespie from Sullivan & Cromwell LLP; he has strengthened the team and, as US and UK counsel, led the advice to SoftBank on its $2.5bn offering of senior notes. On the J-REIT front, Activia Properties and its asset manager appointed the group to oversee its follow-on offering in Japan with a concurrent international offering. Hosokawa acted for Japan Hotel REIT Investment in its JPY35.9bn global offering.

Leading individuals

Fuyuo Mitomi (Bengoshi) - Morrison & Foerster LLP

Kenji Hosokawa (Gaiben) - Morrison & Foerster LLP

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Japan: Corporate and M&A

Corporate and M&A ‚Äď International firms and joint ventures
Corporate and M&A ‚Äď International firms and joint ventures - ranked: tier 1

Morrison & Foerster LLP

Morrison & Foerster LLP's 'very diligent and fully reliable' Tokyo team fields M&A experts such as 'outstanding' managing partner Ken Siegel, the 'excellent' Randy Laxer and Stan Yukevich. The team, led by Ivan Smallwood, recently acted for Toshiba on the $18bn sale of its wholly-owned subsidiary Toshiba Memory to a consortium led by Bain Capital. Noah Carr led the advice to SoftBank with regards its high-profile $5bn investment in Chinese mobile transportation platform Didi, and Gary Smith teamed up with Siegel to handle Hitachi's acquisition of the Sullair air compressor business from Accudyne. Also notable are Jeff Schrepfer and Masato Hayakawa who represented Nissan in the sale of its electric battery operations and facilities to a Chinese private equity fund. Another name of note is of counsel Isamu Inohara who plays a key supportive role within the practice.

Leading individuals

Gary Smith (Gaiben) - Morrison & Foerster LLP

Ken Siegel (Gaiben) - Morrison & Foerster LLP

Stanley Yukevich (Gaiben) - Morrison & Foerster LLP

Next Generation Partners

Isamu Inohara (Gaiben) - Morrison & Foerster LLP

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Japan: Dispute resolution

Dispute resolution ‚Äď International firms and joint ventures
Dispute resolution ‚Äď International firms and joint ventures - ranked: tier 1

Morrison & Foerster LLP

Morrison & Foerster LLP assists heavyweight clients with international arbitration, litigation and investigations both globally and domestically. Practice head Louise Stoupe and Chie Yakura represented Toshiba and Toshiba Memory in a series of arbitration and litigation proceedings brought by Western Digital and its subsidiary SanDisk in light of the client's decision to sell its subsidiary to a consortium led by Bain Capital. Max Olson and recently promoted partner Yuka Teraguchi are currently acting for a major technology company in worldwide patent infringement litigation against a competitor. Other key clients include Fujitsu, SoftBank, Terumo and NEC. Steve Comer retired from the practice and James Hough relocated to the New York office.

Leading individuals

Louise Stoupe (Gaiben) - Morrison & Foerster LLP

Max Olson (Gaiben) - Morrison & Foerster LLP

Next Generation Partners

Yuka Teraguchi (Gaiben) - Morrison & Foerster LLP

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Japan: Intellectual property

Intellectual property ‚Äď International firms and joint ventures
Intellectual property ‚Äď International firms and joint ventures - ranked: tier 1

Morrison & Foerster LLP

With an¬†‚Äėoverall level of service that is excellent‚Äô,¬†Morrison & Foerster LLP¬†has developed a comprehensive team with over 30 IP lawyers in the Tokyo office. Its¬†work covers the full spectrum of IP issues including¬†patents, trade marks, copyrights, trade secrets, unfair competition issues, and related IP matters. Robert Hollingshead,¬†Stuart Beraha¬†and Louise Stoupe jointly lead the¬†practice,¬†which draws from a deep well of expertise and includes the experienced Max Olson¬†and¬†Chie Yakura;¬†Yakura represents¬†non-Japanese and Japanese corporations in a range of¬†contentious matters with an emphasis on IP, technology-related matters, antitrust issues and product liability work, regularly appearing before the Japanese courts. In a recent highlight, the team successfully represented Toshiba¬†and Toshiba Memory Corporation (TMC) in several¬†disputes and arbitrations¬†brought by Western Digital¬†and its subsidiary SanDisk¬†relating to the sale of TMC to a consortium of investors led by Bain Capital.¬†Also noteworthy are newly promoted partners¬†Akira Irie¬†and¬†Yuka Teraguchi.

Leading individuals

Chie Yakura - Morrison & Foerster LLP

Max Olson - Morrison & Foerster LLP

Robert Hollingshead - Morrison & Foerster LLP

Next Generation Partners

Akira Irie - Morrison & Foerster LLP

Yuka Teraguchi - Morrison & Foerster LLP

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Japan: Projects and energy

Projects and energy ‚Äď International firms and joint ventures
Projects and energy ‚Äď International firms and joint ventures - ranked: tier 1

Morrison & Foerster LLP

Morrison & Foerster LLP's projects and energy offering fields a team of project finance experts and experienced bengoshi capable of covering the full spectrum of projects work including development and M&A. On the conventional power front, Michael Graffagna teamed up with the corporate team to represent JERA as the lead investor in a 1,100MW natural gas-fired thermal power generation project in New York, as well as in the sale of a minority shareholding in Cricket Valley to existing investor DBJ. Dale Caldwell acted for a bidder in its proposed acquisition of a portfolio of Latin America-based IPP projects, gas compression stations and a gas pipeline, while finance specialist Masahiro Shiga advised on a number of solar power project developments. Another key name to note is Joshua Isenberg, who specialises in financing mandates in the renewables sector.

Leading individuals

Dale Caldwell (Gaiben) - Morrison & Foerster LLP

Michael Graffagna (Gaiben) - Morrison & Foerster LLP

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Japan: Real estate and construction

Real estate and construction ‚Äď International firms and joint ventures
Real estate and construction ‚Äď International firms and joint ventures - ranked: tier 1

Morrison & Foerster LLP

Described as 'one of the best real estate outfits in Tokyo', Morrison & Foerster LLP fields a 'very professional, experienced and responsive team' which 'always gets to the point'. Practice co-heads Masahiro Shiga and Theodore Seltzer 'know their practice area extremely well'. In recent highlights, Sekisui House, a leading Japanese real estate construction company, appointed Joshua Isenberg and his team to oversee its acquisition of a US company to expand its overseas business, while the 'very diligent, reasonable and commercial' Mori Inada led the advice to a major bank on the financing of several hospitality assets. Also of note is Junichi Kurokoshi and Christopher Spalding who has joined as of counsel from King & Spalding. Keisuke Mochizuki retired from the practice in 2018.

Leading individuals

Joshua Isenberg (Gaiben) - Morrison & Foerster LLP

Masahiro Shiga (Bengoshi) - Morrison & Foerster LLP

Theodore Seltzer (Gaiben) - Morrison & Foerster LLP

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Japan: TMT

TMT ‚Äď International firms and joint ventures
TMT ‚Äď International firms and joint ventures - ranked: tier 1

Morrison & Foerster LLP

With seven US-qualified technology and licensing lawyers, Morrison & Foerster LLP has a dedicated team specialising in technology transactions including the transfer, commercialisation, development and exploitation of IP. Stuart Beraha heads the technology transactions group and has experience in technology, content, branding and IP; he is advising Toshiba on the $18bn sale of its subsidiary Toshiba Memory Corporation to a consortium led by Bain Capital. In another recent highlight, the department also assisted Toshiba with the sale of Toshiba Visual Solutions to Hisense Electric, a leading China-based electronics and home appliances manufacturer.

Leading individuals

Stuart Beraha - Morrison & Foerster LLP

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Legal Developments in Japan

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Taking control of a Japanese publicly listed company:

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  • Yuasa and Hara Business Law News

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  • Japan: New legislative framework for Sukuk

    The new framework passed in May 2011 will provide a solid legal platform for issuing Sukuk Ijarah under Japanese law. NAOKI ISHIKAWA highlights key legal structures and tax treatment in respect of the anticipated Sukuk issuances in Japan.
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    Do you know about Yakult's delicious lactic acid drink which is contained in a small bottle? Yakult's lactic acid drink (hereafter referred to as "Yakult drink") is the most famous lactic acid drink in Japan and today is also being sold in many countries around the world. When you are enjoying Yakult drink, please keep in mind the case mentioned below.
  • Tax: Japan: International Joint Ventures

    Tax on international joint ventures. Country Q&A (Japan).
  • Japan: Recent Developments in Practice and Law

    The successful closing of two Islamic fi nance transactions which was announced in July 2010 by Nomura Holdings have paved a concrete path for Japanese corporations to consider overseas Islamic fi nance markets for their fund raising activities. The fi rst transaction was in Asia for the issuance of Sukuk Ijarah and the second was in the Middle East for the establishment of a Commodity Murabahah facility (Nomura Deals).
  • Renewable energy takes off in Japan

    Like many other countries, Japan has decided to reform its renewable energy (RE) policy, to dramatically increase the use of renewable energy. The core policy mechanism is a feed-in tariff (FIT). This chapter summarises the contemplated Japanese FIT and its practical impact on existing and future investment in this sector, providing an overview of:
  • Licensing - 2010

    Q & A on Licensing in Japan 
  • Law on the Civil Jurisdiction of Japanese Courts over Foreign Countries, etc.

    The Law has been enacted to clarify the scope of application of the civil jurisdiction of Japanese courts over foreign countries, etc., and set exceptions to civil preocedings involving foreign countries, etc., based on the United Nations Convention on the Jurisdictional Immunities of States and their property (UN Convention on Immunities) (see Article 1).