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Japan

Contacts

Shinya Akiyama
Partner, New York
T: +1.212.858.1204
Christopher H. Patay
Partner, Los Angeles
T: +1.213.488.7282
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Areas of Focus

Pillsbury’s Japan practice is built on experience, established trust and a deep understanding of Japan’s business philosophy, culture, risk management and decision-making systems. Pillsbury’s Japan practice lawyers advise leading Japanese businesses doing business throughout the world.

Pillsbury provides focused and effective legal counsel to Japanese businesses, largely concentrated on doing business in other jurisdictions globally, including leading companies in the Technology, Finance, Energy, Real Estate & Construction, Life Sciences, Industrials, and other sectors. Drawing on the vast experience of leading practitioners from across the firm—on the ground in Tokyo and throughout Pillsbury’s global network—we take a flexible and forward-thinking approach, resolving complex, multifaceted legal issues with a clear understanding of clients’ strategic goals.

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We advise clients on matters relating to:

Corporate and Securities

Pillsbury represents Japanese businesses in transactions worldwide, including mergers, acquisitions, divestitures, financings, venture capital investments, strategic alliances, securities trading and other corporate transactions.

Litigation and Dispute Resolution

Our firm represents Japanese clients in wide-ranging business litigation, in the U.S. and other regions. We have particular experience representing major Japanese major banks, trading firms, and manufacturers across the electronics, heavy industry, chemical, pharmaceuticals, automobile and consumer products sectors.

Energy, Infrastructure, and Real Estate Projects

Pillsbury has deep experience advising Japanese companies regarding complex, cross-border projects matters across a range of sectors including power, water, LNG, chemical and petrochemicals, and in a range of upstream and downstream energy matters, including joint operating agreements, farmout agreements, production sharing contracts, concession agreements, and gas and LNG sale and purchase agreements, as well as EPC and construction work.

International Trade

Ranked globally by Chambers —including in Band 1 in the Asia-Pacific region—Pillsbury’s International Trade practice is known for its sophisticated work on export controls and sanctions, Committee on Foreign Investment in the United States (CFIUS) reviews, international trade agreements, and Foreign Corrupt Practice Act (FCPA) and customs compliance.

Intellectual Property

We help clients protect, manage, assert, defend and leverage their patents, trademarks, service marks, copyrights, trade secrets and other IP assets. Our IP practice represent clients before the U.S. Supreme Court and federal courts in all jurisdictions, including regional federal appellate courts and the Court of Appeals for the Federal Circuit, and they have extensive experience before the U.S. Patent and Trademark Office, the U.S. Customs Service, the U.S. International Trade Commission (ITC), alternative dispute resolution tribunals and Internet Corporation for Assigned Names and Numbers (ICANN).

Regulatory

Pillsbury’s regulatory lawyers operate on the front lines of law and policy, ensuring compliance with existing rules while anticipating new developments prompted by international turmoil, technological advances or changing worldviews. This work spans governmental investigations, compliance program development and implementation, regulatory hearings, government contracting and spending initiatives, and public policy advocacy.

Asset Finance

Pillsbury’s Asset Finance practice is recognized by Chambers as a global leader in structuring, negotiating and closing transactions for aircraft and other assets. From major banks, investors and traders to leasing companies, airlines and manufacturers, the team acts on a wide range of structures and products, including operating and finance leases, stage payment and PDP financings, export credit financings, capital markets, and the sale and purchase of portfolios.

Global Sourcing & Technology Transactions

Among the largest and most experienced technology advisory practices worldwide, Pillsbury’s Global Sourcing & Technology Transactions team has architected more than 1,000 strategic outsourcing and technology transactions over the past 30 years, with an aggregate value exceeding half a trillion dollars. The group, with its pioneering integrated consulting/legal advisory model, is regularly recognized as one of the top practices in the world by Chambers Global.

Representative Experience

  • Advised Japanese information and health technology giant Hoya Corporation in its 27-billion-yen investment in a consortium led by Boston’s Bain Capital to purchase Toshiba’s flash memory chip business for $17.8 billion.
  • Advised SoftBank Group and its subsidiary SB Energy on a significant investment in Nemaska Lithium Inc., a Canadian mining company.
  • Represented Japanese industrial company in a multibillion-dollar ICC arbitration stemming from claimed failure of certain critical components our client supplied for Southern California Edison’s San Onofre Nuclear Generating Station.

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  • Corporate and Securities Matters
    • Representing several Japanese commercial banks in developing and roll-out of nationwide digital banking platforms, including regulatory and related issues.
    • Provided guidance, in conjunction Tokyo-based law firm, City-Yuwa, to the Japanese Financial Services Agency (FSA) regarding how to appropriately regulate the trading of stablecoins, a digital currency attached to a stable reserve asset, in Japan under the country’s amended Payment Services Act.
    • Represented JXTG Nippon Oil & Energy Corp. in its US$800 million sale of two life sciences subsidiaries.
    • Represented NTT Data Inc. in its US$3 billion acquisition of Dell Inc.’s IT services unit, Perot Systems Corp.
    • Represented Sumitomo Chemical in its acquisition of Monsanto’s worldwide sulfuron business.
    • Represented Japanese materials company in connection with its acquisition of a majority interest in a concrete ready-mix business in California.
    • Represented 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.
    • Handled Synnex Infotec’s refinancing of funds used to acquire Marubeni Infotec Corp.
    • 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.
  • Energy and Infrastructure Projects
    • Advised U.S.-based global provider of semiconductor systems on the refurbishment of a microchip manufacturing facility in Hiroshima, Japan, involving drafting and negotiating complex design and build agreements with seven separate Japanese contractors.
    • Advised Mizuho Securities in its role as sole structuring agent and sole bookrunner for GECAS’s $709 million Labrador Aviation Finance asset-backed security. The transaction was the first ABS deal with equity placed in South Korea. Other aviation industry clients include Mitsubishi Aircraft Corporation, Mitsubishi Corporation, Mitsubishi UFJ Lease & Finance Company, Sumisho Aero Engine Lease, and Sumitomo Corporation.
    • Advised Toyota Tsusho Corp. on its investment in a 725 MW natural gas-fired power plant in the U.S.
    •  Represented consortium of Japanese trading companies and heavy equipment manufacturers in the engineering, procurement and construction of power plants located in the U.S., Mexico and Canada.
    • Advised Japanese oil and gas company on an enhanced oil recovery project in the Middle East.
    • Advised large Japanese nuclear energy company in connection with its worldwide joint venture alliance with a prominent French nuclear company.
  • Intellectual Property
    • Acted for global Japanese sports brand in enforcing a patent and defending the patent in IPR.
    • Represented major optics products manufacturer on patent litigation brought by a nonpracticing entity.
    • Acted for a Japanese chemical manufacturer in connection with a claim for theft of trade secrets, successfully settling the case.
    • Represented Japanese company and other defendants in a patent and trade secret litigation relating to semiconductor manufacturing equipment components.
    • Achieved summary judgment ruling for a Japanese industrial light fixture company in noninfringement and related claim construction in a patent case.
    • Advised Japanese technology company on FRAND issues.
  • Litigation and Dispute Resolution
    •  Represented major Japan-based manufacturing company in a cross-licensing dispute before the ICC Court of Arbitration in Switzerland concerning nuclear technology licensing agreements with claims exceeding $500 million.
    • Represented Japanese electronics company in an antitrust lawsuit involving liquid crystal display panels.
    • Represented Japanese consortium in connection with its restructuring of its investments in Brazil and an international investigation as a result of the Operação Lava Jato (Operation Car Wash) allegations involving Petrobras in Brazil.
    • Represented major Japanese electronics manufacturer in twin nationwide class actions claiming more than $200 million in damages for allegedly false representation of the battery life of notebook computers.
    • Represented Japanese automotive parts manufacturer in connection with a claim for reimbursement of recall-related costs. We successfully settled the matter through mediation.
    • Represented Mitsui and subsidiary MOEX in relation to the Macondo Gulf of Mexico oil spill incident, limiting its exposure in one of the largest multidistrict litigation proceedings in history.

Practice Area Highlights

  • Pillsbury has earned recognition as a global leader from Chambers for its stand our asset finance, construction, international trade and global sourcing practices.
  • The firm’s International Trade/WTO practice has earned Band 1 ranking in the Asia Pacific region from Chambers.
  • Legal industry consulting firm BTI has ranked Pillsbury as one of the “most feared” law firms in litigation for six consecutive years.
  • Pillsbury is ranked nationally as one of the world’s leading IP practices across all aspects of patent law by Intellectual Asset Management’s “IAM Patent 1000.”
  • The London Stock Exchange Group (LSEG) ranked Pillsbury as one of the top 10 law firms globally for its advisory role in venture capital financings, serving both companies and investors.

Resources

Book

The Basics of American Business Law

Brochure

Japan Practice

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