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ARTICLE · 02 AUGUST 2011

Trends In Securities Litigation In Japan: 2010 Update

A sharp drop in the number of litigations and damages amounts awarded over misstatements has occurred, while broker-customer litigation has reached a record high.

JapanLitigation, Mediation & Arbitration
Makoto Ikeya
Makoto Ikeya
Satoru Kishitani
Satoru Kishitani
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Originally published July 2011

A sharp drop in the number of litigations and damages amounts awarded over misstatements has occurred, while broker-customer litigation has reached a record high.

Introduction

This report is an update for 2010 of Japanese trends in securities litigation, using statistics from 1998 through the end of 2010. Following the resolutions of large cases—including Livedoor and Seibu Railway—involving many individual and institutional investors, the number of judgments related to damages litigation over misstatements has decreased substantially to seven in 2010 from 14 in 2009. On the other hand, the number of regulatory actions by the Securities and Exchange Surveillance Commission (SESC) regarding monetary penalties for misstatement has increased to a record high of 12 in 2010 from nine in 2009. Although the resolutions of large cases resulted in a sharp drop in the amount of litigation in 2010, the potential for future misstatement

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