Japan

Review

Dispute resolution
Abe Ikubo & Katayama

Top-tier intellectual property specialist firm Abe Ikubo & Katayama is particularly known for its life sciences and pharmaceutical expertise. The firm also has considerable experience in the electronic and telecommunications fields. Its litigation team is active in representing both local and foreign companies in all kinds of IP infringement disputes.

Managing partner Eiji Katayama is one of the most respected patent litigators in Japan. Hiroshi Kobayashi, Mami Hino and Junichi Kitahara are other key practitioners to note at the firm with outstanding capability in the fields of chemistry, pharmaceuticals, technology and telecommunications and machinery.

One IP case sample sees the firm representing Japanese pharmaceutical company Eisai in a declaratory judgment against medical equipment manufacturing company Nipro for patent non-infringement and invalidity in connection with Halaven, a prescription medicine used to treat adults with breast cancer that has spread to other parts of the body, and who have already received other types of anti-cancer medicines after the cancer spreading.

The rest of the clients the firm has advised on remain confidential.

Client feedback

"The litigation team in the law firm understood the client's needs well and provided prompt and flexible service." – Intellectual property

Mami Hino

“She is a great litigation lawyer with strong IP and industry knowledge and experience. She is a flexible thinker and is happy to challenge the status quo to meet client's needs.”

Anderson Mori & Tomotsune

Full-service law firm Anderson Mori & Tomotsune offers a range of dispute resolution services covering both domestic and international disputes. The firm is particularly active in commercial disputes including arbitration, contractual and data privacy disputes.

The dispute resolution team is led by Hiroki Wakabayashi. Wakabayashi is particularly active representing financial institutions and major corporations on commercial and labour disputes Yoshikazu Iwase and Yasufumi Shiroyama are key IP litigators at the firm.

In a notable commercial and transactions case, the firm represented Suruga Bank in a mass mediation lawsuit initiated by around 400 debtors, which was filed with the Tokyo District Court. Through effective mediation, Suruga Bank was able to offset the share house loans, totalling approximately ¥60 billion ($39 million), with the settlement payments made to the debtors. Additionally, the outstanding loans were assigned to third-party investment funds. On the same day, the debtors satisfied their loan obligations by providing real property as payment in kind.

The rest of the clients the firm advised in the past 12 months are confidential.

In January 2023, the firm promoted Shunsuke Domon to partner.

Herbert Smith Freehills

Formidable dispute resolution powerhouse Herbert Smith Freehills specialises in acting for Japanese blue-chip companie, pharmaceutical giants, and technology and energy companies before various institutions including ICC and Japan Commercial Arbitration Association (JCAA). With a vast practice, it acts on most complex and high-profile commercial and regulatory matters across the region. The firm is also frequently involved in anti-corruption and fraud investigations.

David Gilmore is the managing partner at its Tokyo office as well as head of the dispute resolution team. Gilmore has over 20 years of experience in international commercial disputes and is also active in regulatory investigations. Other key figures for international arbitration include Elaine Wong and Emma Kratochvilova.

Work highlights include representing a major Japanese pharmaceutical company in JCAA arbitration proceedings for claims of breach of representation and warranty under a share purchase agreement arising out of the sale of a pharmaceutical company; advising an automotive manufacturer on a potential dispute with an Indonesian entity that has not been complying with obligations, owing to the substantial decrease in the demand for vehicles supply under the supply agreement; and advising a Japanese energy company on an arbitration arising under a 20-year power purchase agreement.

The details of the remaining clients the firm has worked with remain confidential.

In May 2022, partner Craig Shepherd relocated to Kuala Lumpur, and James Allsop got promoted to partner.

K&L Gates

K&L’s practice in Japan provides a comprehensive and diverse array of litigation services that ranges from commercial litigation and employment arbitrations to civil and criminal litigation. The team has a track record of representing foreign and domestic Japanese corporations and conglomerates in complex commercial and employment disputes. Its litigators routinely handle high-stakes disputes for clients that operate across the telecommunications, aviation, life sciences, manufacturing, financial services and transportation industries.

The dispute team in Japan is led by partner Takahiro Hoshino, a former judge, who has in-depth experience in judicial thought processes that impact judgments.

Details of the cases the firm submitted are highly confidential but it can be seen that the firm has been busy handling requests from clients for advice on various types of newly enacted legislation with regard to Covid-19 that are aimed at creating a more flexible, fair and efficient working environment, ensuring employees can remain safe and healthy and attempting to change the business environment in Japan.

Nobuki Wada

“Deep understanding of the client's work rules and situation, providing great solution to labour-related issues.”

King & Spalding

Best known for global outbound disputes, King & Spalding offers genuine expertise in both English and commonwealth law and US law disputes for its Japanese clients. The firm is especially renowned for its strength in international arbitrations and cross-border disputes in the energy, construction and automotive sectors. Clients often appreciate its sharp strategy and strong grasp of market conditions.

Christopher Bailey is one of the leading litigators in the market who leads the firm’s global disputes practice in Tokyo. He is valued for his expertise in regulatory, construction and energy matters.

Mayer Brown

Global ‘white-shoe’ law firm Mayer Brown opened its office in Tokyo in 2018 at the request of its Japanese clients. Its Japan practice regularly acts as international counsel on Japan-related transactions, sometimes working in collaboration with Japanese law firms. Among its Japan-based clients are financial institutions, insurance companies, shipping and freight transportation companies, steel manufacturers and utility companies, as well as multinational conglomerates involved in trading, energy, mining, information technology, transportation and other infrastructure, life sciences and real estate. Rupert Burrows is the managing partner of the firm's Tokyo office.

The details of all cases the firm has worked on during the research period are confidential.

Client feedback

“Mayer Brown did well on advising legal interpretation/analysis of insurance claim by applying the facts in the construction.” – Construction

Rupert Burrows

“Good communications skills.”

Mori Hamada & Matsumoto

One among Japan’s ‘Big Four’ law firms, Mori Hamada & Matsumoto’s dispute resolution team boasts 45 partners and more than 50 other qualified attorneys. The team is experienced in handling the full range of domestic and cross-border disputes, notably active in corporate, employment and real estate disputes. The firm has a strong presence in East Asia with offices in Beijing, Shanghai, Singapore, Bangkok, Yangon and Jakarta.

Mugi Sekido and Kana Manabe are key figures in the team. Sekido is highly respected for his commercial litigation expertise. Yutaka Miyoshi is a notable IP litigator.

In one work highlight during the research period, the firm represented Japan Post in defence of claims brought under the Labour Contract Act by a large number of fixed-term employees over differences between the terms and conditions of their employment contracts and those of permanent employees. This case is being widely covered by the media because of the similarity of the plaintiffs’ arguments to the new policy of ‘equal pay for equal work’ that the Japanese government has introduced.

In another case, the firm represented Toshiba in defence of claims brought by former or current shareholders in tort alleging ‘improper’ disclosure of financial information by Toshiba in past years. The shareholders assert that they would not have purchased Toshiba’s shares had they known about alleged accounting irregularities or that the share price of Toshiba was illegally inflated by the alleged accounting irregularities.

Coincheck and YKK AP worked with the firm in the past 12 months.

Morrison Foerster

Morrison & Foerster has the largest dispute resolution team in Japan among international firms, with more than 30 dedicated litigators on the ground. The firm is particularly strong in intellectual property and commercial disputes, including international arbitration, construction and consumer class action disputes. It also has internal investigation expertise covering product mislabelling, construction defects and white-collar crime.

One of the firm’s key individuals is Louise Stoupe, who has particular strength in international arbitration and litigation. She is known to represent some of the biggest technology companies in the world in their complex commercial disputes. Robert Hollingshead and Max Olson are well-known IP practitioners. Other names to note include Chie Yakura and Yukihiro Terazawa.

In the life sciences sector, the firm successfully represented Chugai Pharmaceutical, one of Japan’s leading research-based pharmaceutical companies with strengths in biotechnology products, in its multibillion-dollar patent case against Alexion Pharmaceuticals over infringement of Chugai’s technology for recycling antibodies, a key advancement in antibody medications. The $775 million settlement reflects one of the biggest amounts awarded in a pharma-related patent case in recent years.

Key clients of the firm include Fujitsu America, Fujitsu Semiconductor, Rakuten Mobile and Socionext.

In January 2023, the firm promoted Tomoki Kodama to partner.

Nagashima Ohno & Tsunematsu

Nagashima Ohno & Tsunematsu is widely renowned for its expertise in handling complex cross-jurisdictional disputes. The highly skilled litigation team has a wealth of experience in handling antitrust, general commercial, employment, intellectual property, product liability and consumer affairs disputes. The firm is singled out for its expertise in international arbitration.

Norimitsu Arai and Hisaya Kimura are key commercial disputes lawyers in the team, while Yoshimi Ohara is recommended for her work in international arbitration.

During the research period, the firm advised Central Japan Railway in an administrative lawsuit against the Minister of Land, Infrastructure, Transport and Tourism, seeking the revocation of an approval disposition.

In one of the most significant and high-profile lawsuits in Japanese history, the firm is representing the directors of Tokyo Electric Power Company (TEPCO) in defending a derivative lawsuit filed by TEPCO’s shareholders claiming compensation in the amount of ¥22 trillion ($145 billion). The claim is for damage allegedly caused by the directors’ failure to foresee a disastrous tsunami arising from the Fukushima Nuclear Power Plant incident that took place in March 2022, and to take appropriate measures to prevent the occurrence. The court is expected to determine whether the electric power company’s directors should be held liable for one of the most serious incidents in Japanese history. The developments in the lawsuit have attracted extensive media coverage.

Notable litigation clients include Central Japan Railway Company and Koyo Automatic Machine.

Client feedback

“They understand the business needs, are practical and solution-driven.” – Competition/antitrust

Koki Yanagisawa

“His advice and drafting are well-thought-out and based on solid knowledge of the most recent developments in the relevant legal field. Very responsive and approachable.”

"I always engage Koki Yanagisawa of Nagashima Ohno & Tsunematsu for any litigation matters. Yanagisawa-sensei is a highly experienced and skilled lawyer, who is always able to see the entire picture on matters, analyse the issues, and come up with practical solutions, taking into account our needs."

Nishimura & Asahi

Nishimura & Asahi offers unparalleled strength in a range of dispute resolution areas including financial disputes, general commercial and product liability. The firm often receives instructions from domestic and foreign corporations in the automotive, pharmaceuticals, insurance, financial institutions and electronics sectors. In particular, the firm is a front-runner in international arbitration, with a practice led by Hiroyuki Tezuka and Akihiro Hironaka. Yutaro Kawabata and Lars Markert are also noteworthy international arbitration practitioners.

In the field of intellectual property, the firm achieved success by representing an individual in a series of patent disputes concerning the widely acclaimed cancer drug Opdivo (nivolumab). The firm's client made a significant breakthrough by discovering PD-1 – a negative co-receptor with implications for immune response during the effector phase – and demonstrating the role of PD-1 modulation in treating tumours, viral infections, and autoimmune diseases. Therapies developed based on this discovery have displayed remarkable efficacy in the battle against cancer. The firm represented the client in four patent invalidation cases brought forth by the alleged co-inventor from the Dana-Farber Cancer Institute.

The rest of the cases handled during the research period are confidential.

The firm’s IP practice welcomed Gai Matsushita as a counsel in April 2023. Prior to joining the firm he was with Atsumi & Sakai.

Oh-Ebashi LPC & Partners

Oh-Ebashi LPC & Partners is the largest law firm in Osaka and offers a broad range of dispute resolution services covering corporation litigation, consumer protection and product liability, antitrust, and intellectual property disputes and international arbitration. 

Commercial disputes lawyer Shiro Kuniya, competition and antitrust specialist Tetsuya Nagasawa and IP litigator Takamitsu Shigetomi are key figures of the team.

O'Melveny & Myers

O’Melveny & Myers is active in both domestic and international litigation and arbitration as well as criminal investigations. With 15 years’ practice experience in the country, the firm has a solid track record before the Supreme Court of Japan, including in mass consumer litigation, banking and commercial disputes as well as IP-related disputes.

Yoji Maeda is a key partner at the firm with broad experience across commercial litigation and employment matters. Counsel Hiroko Nihei is another lawyer to note, who has a particular focus on international commercial arbitration and contentious IP cases.

All cases the firm has worked on during the research period are highly confidential.

TMI Associates

Since its founding in 1990, TMI Associates has built a reputation in dispute resolution particularly in matters related to IP. Clients seek the firm for its service in infringement lawsuits, invalidation trials, the appeals processes, import suspensions and temporary injunctive relief. Sector expertise includes machinery, semiconductors, biotechnology, medicine, communication and technology.   

Among its 50 IP attorneys, Mitsuko Miyagawa stands out for her work in trade mark and copyright litigation. Additionally, Mitsue Aizawa is a key individual for commercial disputes.  

Yuasa and Hara

One of the oldest law firms in Japan, Yuasa & Hara specialises in patent and trade mark litigation. Nearly 50 patent attorneys assist clients in the chemical, mechanical and electronics sectors. Kozo Yabe is singled out as a key contact. 

The firm’s cross border disputes work is facilitated by its membership in Terralex, an international law firm network with 140 members across 100 countries. The firm is also a member of Unilaw, an international law firm network with an active presence in Europe.