Fusae Nara makes sure the client is fully appraised of all issues and has all the available data within the timeframes specified.
The Legal 500 U.S.

Pillsbury partner and leader of the Crisis Management Team, Fusae Nara is one of the few Japanese-speaking litigators practicing in the U.S. She has represented multinational corporations headquartered in Japan in complex commercial disputes, class actions and international trade matters.

Fusae defends clients in cross-border disputes, including cartel investigations and related consumer class actions and lawsuits; class actions involving product warranty and defect claims; trademark infringement allegations; joint venture disputes and other claims. As in-house counsel at a major Japanese corporation, Fusae gained an understanding of corporate dynamics and the delicate relationship between companies and government authorities. She offers commonsense business solutions, maximizes the use of mediation proceedings and devises risk avoidance strategies.

Representative Experience

  • Represented Japan’s Sharp Corp. in its leniency application to the DOJ in the TFT-LCD antitrust criminal investigation, and supported the company in investigations in other countries. Also defended Sharp and its subsidiaries in follow-on nationwide class actions, dozens of opt-out actions and lawsuits brought by state AGs.
  • Represented Sega in class actions regarding an arcade game machine. The court ultimately rejected the class action allegation for lack of ascertainability of the class members.
  • Represented Japan-based battery manufacturer regarding matters arising out of Boeing 787 Dreamliner incidents and grounding. 

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  • Directed multi-year efforts by an international supplier of fax film rolls in trademark infringement disputes by filing four U.S. litigations, involving the execution of ex parte seizure orders and extensive discovery leading to an action against the infringing manufacturer in Singapore. Obtained favorable settlement for the trademark owner.
  • Represented a major Japanese electronics manufacturer in twin nationwide class actions claiming over $200 million in damages for allegedly false representation of battery life in notebook computers. After extensive discovery and multiple mediations, successfully settled using coupons with a minimum exposure.
  • Represented a multinational consumer goods manufacturer in a class action seeking a nationwide class for alleged misrepresentation regarding the availability of connection cable for a PDA device. Settled for nominal attorney’s fees with no claimant for the settlement distribution.
  • Represented the world’s leading manufacturer of laser diodes in an action by a purchaser alleging product defects and consequential damages in millions of dollars. Successfully settled following extensive discovery involving detailed technical issues.
  • Represented a Japanese chemical corporation witness in a third party deposition in a complex litigation arising out of a failed joint R&D venture involving the corporation. Successfully kept the corporation out of the litigation.
  • Defended a Japanese industrial corporation in a class action brought by World War II POWs allegedly used for forced labor and obtained dismissal of the claims against the client.
  • Representative International Trade Matters
    • Obtained over 40 rulings from the U.S. Customs and Border Protection covering classification, country of origin marking, and NAFTA eligibility issues as well as the eligibility of imported goods for government procurement. Rulings resulting in significant impact upon the electronics industry include:
      • Classification ruling for liquid crystal displays (LCDs) used for computers enabling their duty-free importation into the United States
      • North American Free Trade Agreement (NAFTA) advance ruling confirming the NAFTA eligibility for LCD TVs manufactured in Mexico.
    • Represented a client before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit in judicial review of Customs’ classification ruling concerning LCD display glass used in notebook computers.
    • Counseled a manufacturer in the first NAFTA origin verification conducted by the Government of Mexico in the United States, including the judicial review of the findings before the Mexican tribunals.
    • Regularly counsel clients on customs and international trade issues including advice on classification, valuation, country of origin marking, NAFTA eligibility, GSP eligibility and antidumping and countervailing duties, as well as advice on the amendments to the Harmonized Commodity Description and Coding System by the World Customs Organization. Also assist U.S. importers in customs audit and other compliance programs such as Customs-Trade Partnership Against Terrorist (C-TPAT).
    • Represent clients before the Foreign Trade Zones (FTZ) Board in applications for subzone authorizations as well as negotiating settlements for violations of FTZ regulations.

Professional Highlights

  • Recognized by The Legal 500 U.S. in  Antitrust – Cartel (2018), Antitrust – Civil Litigation/Class Actions: Defense (2015, 2017), and included in the Minority Corporate Counsel Association's "Rainmaker List" in 2014.
  • Contributor, “How to Survive and Thrive in a Crisis,” a chapter in Corporate Governance: A Practical Guide published by the New York Stock Exchange in 2015.
  • Lead organizer and speaker of Pillsbury’s annual “Strategic Dispute Resolution in the United States: A Legal Overview of Procedural Issues” seminar, 2009 to present

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  • Speaking Engagements
    • “How Do Companies Prepare for a Major Crisis Event? What Directors and Senior Management Need to Know,” National Association of Corporate Directors, Palo Alto, June 6, 2018 and San Francisco, June 7, 2018
    • “Best Practices for Japanese Companies Working with US Law Firms,” Japan In-House Legal Association, Tokyo, December 2017
    • “Recent Trends in U.S. International Arbitration Practice,” Tokyo, October 2017
    • “Trends on Trade Regulation and Litigation Between the US and China,” Shanghai, October 2017
    • “The New Normal: Thriving in the Age of Cybersecurity Crises,” Washington DC, June 2017
    • “Disruptive Trends: State Government Activism and Best Practices for Foreign-based Companies,” Organization for International Investment, New York, March 2017
    • “What Should You Do If You Are Targeted? – Crisis Management Perspective,” Japan Institute for Overseas Investment, Tokyo, November 2016
    • “When Crisis is on the Menu: Ten Best Practices for Crisis Management,” Webinar, September 2016
    • “Ten Best Practices for Crisis Management,” Webinar, May 2016

Education

  • J.D., Hofstra University School of Law, 1991
    Research Editor, Hofstra Law Review; Published Note, “A Shift Toward Protectionism Under § 301 of the 1974 Trade Act: Problems of Unilateral Trade Retaliation Under International Law;" Robin Dana Cohen Award

    M.A., International Christian University, Tokyo, Japan, 1985

    B.A., International Christian University, Tokyo, Japan, 1983

Admissions

  • New York

    District of Columbia

Courts

  • U.S. Court of Appeals for the Federal Circuit

    U.S. Court of International Trade

    U.S. District Court for the Southern and Eastern Districts of New York

Clerkships

  • Clerk to Chief Judge Dominick L. DiCarlo, U.S. Court of International Trade, New York, New York (1991 – 1993)

Languages

  • Japanese