Speaker 10.20.26
10.20
2026 International Disputes and Compliance Seminar | Pillsbury
1:30PM - 5:40PM JST
JP Tower
KITTE 4F
Conference Room A1
2-7-2 Marunouchi
Chiyoda-ku
Tokyo 100-0005
Shinya Akiyama, a Pillsbury Corporate partner and co-leader of the firm’s Japan Practice team, has counseled Japanese companies on starting, acquiring and managing U.S. businesses, and preventing and defending lawsuits, for 28 years.
Shinya advises clients as they pursue corporate, commercial and finance transactions in the United States, guiding them through the processes of acquiring businesses, creating joint ventures and strategic alliances, buying and selling equity interests and assets, and establishing sales, distributorship and licensing networks. Besides transactional matters, he has also represented clients in corporate formation, corporate governance, compliance, employment, internal reorganization and post-merger integration issues involving Japanese parents and U.S. subsidiaries. Although not a litigator himself, he has also assisted in conducting internal investigations and defending lawsuits, arbitrations, government investigations and enforcement actions.
Representative Experience
- Represented clients in more than 200 M&A transactions in the form of asset purchase, stock purchase and reverse triangular merger, with values ranging from $1 million to over $1 billion.
- Represented clients in designing, drafting, implementing and operating corporate governance, compliance and employment policies of U.S. subsidiaries and structuring the role and working relationship among Japanese parents, regional headquarters and operating subsidiaries.
- Represented, co-working with litigations, clients in civil and criminal litigation matters, including those involving breach of contract, product liability, misappropriation of trade secrets, patent infringement claims, and FCPA and environmental law violations, from internal investigations and settlement negotiations to discoveries and trials.
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- M&A
- Transactions have involved targets across industries, including aerospace, agriculture, apparel, automotive, beauty/cosmetics, building materials, chemical, construction/engineering, consumer products, distribution, energy, entertainment, finance, leasing, food/beverages, health, IT, steel/metal, medical devices/supplies, mining, pharmaceutical, retail and transportation.
- Advised clients in structuring, bidding strategies, letter of intent, due diligence, contract drafting and negotiation, governmental consents, closing and post-closing integration matters.
- Represented JXTG Nippon Oil & Energy Corporation (currently Eneos), a Japanese oil refinery and energy company, in the $800 million sale of its biotech units, Irvine Scientific Sales Company Inc. and IS Japan Co. Ltd., to Fujifilm Corporation.
- Represented a Japanese leasing company in the acquisition of a forklift leasing company.
- Represented a major Japanese heavy industries manufacturer in the acquisition of an EPC company with emphasis on LNG liquefaction terminal and other oil and gas infrastructure.
- Advised a Japanese flexible packaging material manufacturer in the acquisition of a liquid container manufacturer through bankruptcy process under Section 363 of U.S. Bankruptcy Code.
- Represented a Japanese health care company in the acquisition of the seventh-largest U.S. home health care service provider, based in California, using a reverse triangular merger in acquiring all ownership interest in the limited partnership.
- Assisted a Japanese digital content provider in the acquisition of three technology ventures based in New York for a combined closing and earn-out payments of $160 million.
- Managed legal aspects of multiple U.S. steel acquisitions by a leading Japanese trading company, including the acquisition of steel distributor and manufacturers of steel pipe and tube, wind tower and auto parts.
- Represented a Japanese steel tube manufacturer in the acquisitions of four steel tube and pipe manufacturers in Illinois, Oregon, Louisiana and Nebraska from different sellers.
- Joint Venture and Equity Investments
- Represented clients in formation and exit transactions involving corporate, LLC, limited partnership and contractual joint ventures in aerospace, automotive, chemical, consumer products, finance and mining industries.
- Advised clients in connection with management, deadlock, buy-sell, and rights-of-first-refusal provisions, as well as license, supply, marketing, manufacturing service and other ancillary agreements.
- Represented clients in minority equity investment in U.S. startup companies, as well as exclusive license and distribution arrangements.
- Advised a Japanese chemical company in forming a 50/50 joint venture with a U.S. counterpart for production and sale of electrolyte for lithium-ion batteries.
- Represented Japanese petrochemical manufacturers in the formation of a three-party joint venture company in Texas with a U.S. competitor for the manufacture and marketing of rubber additive products.
- Assisted a Japanese chemical manufacturer in acquiring 50 percent interest in a biodegradable plastics manufacturer in Minnesota and Nebraska, and negotiated joint venture agreement with largest U.S. agricultural and food distributor.
- Negotiated debt and equity investments in electronic material startup, exclusive evaluation and patent license in Asia, subsequent down-round investment, restructuring of investment and exit transaction.
- Other Transactional Matters
- Represented clients in connection with supply, consignment, distributorship, sales agency, procurement, and toll manufacturing of commercial goods and their materials, ingredients (including APIs) and parts.
- Advised on appointment of medical and research institutions, CROs, professors and other consultants in connection with research, development, administration, engineering and construction services.
- Handled matters as varied as arranging guaranteed and secured revolving credit and term loan agreements for Japanese commercial banks.
- Represented a consortium of Japanese trading company and heavy equipment manufacturer in the engineering, procurement and construction (EPC) of power plants located in the United States, Mexico and Canada.
- Advised Japanese chemical manufacturer in negotiating land lease, agreement to build chemical plant in Louisiana for production of DMC and EMC for electric vehicle application, and miscellaneous utility and operation service agreements.
- Advised Japanese commercial leasing and lending companies in connection with documentation, negotiation and closing of loan, lease and factoring transactions.
- Negotiated numerous patent, know-how, software and research data license agreements between Japanese manufacturers and U.S. startups and joint ventures.
- Organizational and Operational Matters
- Advised Japanese companies in connection with ownership structure of U.S. operations and allocation of authority among board of directors, officers, parent and regional headquarters.
- Counseled Japanese heavy equipment manufacturer in the formation of regional headquarter entity, transfer of various business units to operating subsidiary entities, dissolution, liquidation and winding up of unprofitable businesses.
- Drafted compliance and ethics policies and designed compliance programs for numerous Japanese companies in the United States, and consultation in dealing with reports of violation.
- Conducted legal compliance seminars for a Japanese tire manufacturer at 14 manufacturing and sales facilities in 11 states.
- Advised clients in connection with setting up employment policies and benefits, and application of policies to day-to-day operations.
- Advised clients in managing discrimination, harassment, retaliation, breach of contract, misclassification and FLSA violation risks at every turn of employment decisions, from hiring to termination.
- Conducted more than 20 seminars at the Japan External Trade Organization (JETRO), other venues and client offices on corporate governance, compliance, employment, and other organizational and operational issues.
- Dispute Resolution; Government Investigation and Enforcement
- Advised a Japanese commercial bank in successfully defending race, national origin and gender discrimination lawsuits brought by former employees.
- Assisted a buyer of digital content distribution business in bringing breach of financial representation and indemnification claims against the seller (recovered more than $8 million).
- Guided a Japanese bank in the defense of breach of ISDA agreement claim brought by Lehman Brothers in JAMS mediation.
- Orchestrated on behalf of a Japanese precious metal recycler and processor internal investigations of suspected fraud and FCPA violations and self-disclosure thereof to, and/or settlement negotiation with, relevant government agencies.
- Assisted multiple clients, including a nuclear equipment maintenance and operation service company and a petrochemical additive manufacturer in the internal investigations of suspected FCPA violations in Mexico and Indonesia.
Professional Highlights
Recent Publications
- “Overview of PFAS Regulations in the United States and What Japanese Companies and Their U.S. Subsidiaries Need to Know,” Pillsbury White Paper, December 2023, and The Journal of Federal Agency Action, May–June 2024.
- “Sale of Subsidiaries and Businesses in U.S.,” Shoji Homu, November 2021.
- “Information Requests and Subpoenas for PFAS Likely to Increase, as Biden Administration Ramps Up Regulation of PFAS,” Pillsbury Client Alert, June 2021.
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- “Regulatory Overview on PFAS in the United States,” Pillsbury Client Alert, February 2021.
- “New York Enacts Novel Disclosure Requirements for Commercial Financing Transactions,” Pillsbury Client Alert, February 2021.
- “TSCA Overview and Compliance Strategies,” Chemical Management, February 2019.
- “NYC Human Rights Commission on Gender Discrimination,” Pillsbury Client Alert, January 2016.
- “Yates Memo – New Enforcement Policy Emphasizing Individual Accountability,” Pillsbury Client Alert, October 2015.
- “Arbitration Agreement with Employees,” UJP News, U.S.-Japan Publication, January 2014.
- “Initial Actions to Be Taken upon Discovery of Wrongdoing,” The Lawyers, April 2013.
- “U.S. Patent System Moves from First to Invent towards First Inventor to File,” Pillsbury Legal Wire, April 2013.
- “Legal Analysis of U.S. Litigation Risks for Japanese Corporations, Directors and Officers,” International Business Law, 2012.
- Recent Speaking Engagements
- “Three (3) Employment Issues Japanese Companies Face and Clear Solutions,” Top Group/Pillsbury Seminar, New York, February 2024.
- “Corporate Transparency Act – Impact on and Strategies for Japanese Companies,” Pillsbury Seminar, New York, September 2023.
- “Regulation of PFAS in the US and Strategies,” Pillsbury Seminar, New York, May 2023.
- “What Every Corporate Secretary Needs to Know about Corporation Law,” Japanese Corporation Inhouse Counsel Study Group, New York, September 2022.
- “Litigation and Compliance in U.S.,” Online Seminar, September 2021.
- “Force Majeure Strategy during COVID-19 Pandemic,” Online Seminar, March 2021.
- “Prevention of Sexual Harassment in Workplace,” Online Seminar, February 2021.
- “Outline of LLC and Use of LLCs by Japanese Companies,” Online Seminar, November 2020.
- “Reduction in Force and Outsourcing for U.S. Subsidiaries,” Pasona/Pillsbury Seminar, New York, June 2020.
- “Overview of Employment Issues Arising from COVID-19 Pandemic,” Online Seminar, April 2020.
- “U.S. Employment Practice and Business Optimization through Reorganization”, Pasona/Pillsbury Seminar, New York, October 2019.
- “Basics of U.S. Employment Law and Practice – Hiring and Termination,” Actus/Pillsbury Seminar, New York, May 2016.
- “What Japanese Managers Should Know about U.S. Employment Practice,” Actus/Pillsbury Seminar, New York, December 2015.
- “Buying Assets from Financially Troubled Companies under Section 363 of Bankruptcy Code,” Pillsbury Seminar, New York, September 2015.
- “Select U.S. Bankruptcy Issues for Japanese Businesses,” International Business Law, Tokyo, Japan, July 2015.
- “Post-Merger Integration of Acquired Foreign Subsidiaries,” New York Financial Dojo, New York, May 2015.
- “Legal Issues in M&A Carve-Out Transactions,” Pillsbury Seminar, New York, September 2014.
- “Collaboration and Strategic Alliance with U.S. Companies,” JETRO, New York, February 2014.
- “Total Risk Management in Employment Disputes,” Pillsbury Seminar, New York, December 2013.
- “Corporate Governance of Subsidiaries and Affiliates,” Pillsbury Seminar, New York, July 2013.
- “Acquisition of Privately Held Businesses in the U.S.,” Pillsbury Seminar, New York, June 2013.
- “Acquisition and Development of Shale Gas and Tight Oil Formations and Related U.S. LNG Export Policies,” Japan Society, New York, January 2013.
Education
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University of Pennsylvania Law School, 1994
Keio University Department of Law, 1993
Admissions
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New York
Languages
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Japanese
English