General Civil Litigation

Litigation and disputes are becoming more complex with the increase of speed in which rules change, and the use of information technology.

Our attorneys have experience in corporate litigation and disputes related to M&A, including trials concerning demands for purchase of shares in connection with M&A and trials concerning cases in which resolutions were passed to issue stock acquisition rights or split shares in response to a hostile takeover. We also handle general commercial litigation and disputes, including provisional injunctions against the issuance of new shares and stock acquisition rights, corporate control disputes between directors, and shareholder derivative actions.
 

Although Japan is traditionally not a litigious society, recent years have seen an increase in both companies and individuals resorting to legal action to settle disputes, particularly over contractual claims and the infringement of intellectual property rights.  Recently, we have experienced a marked increase in foreign companies and other entities taking action before the Japanese courts.  Our Firm also handles outbound litigation by helping Japanese clients locate appropriate counsel in foreign jurisdictions and by assisting with fact-finding and discovery requests.

 

We handle a wide range of general civil litigation for both domestic and foreign clients, including actions related to:

• Sales, leases, outsourcing, and other commercial agreements
• Debt collection
• Claims for tort and other types of non-contractual damages
• Real estate-related litigation
• Shareholder litigation
• Personal disputes, such as divorce and inheritance
• Payment demand procedures
• Preservation procedures, such as demands for payment, provisional attachment, and provisional disposition
• Execution procedures, such as attachment and public auction

 

We also handle new types of cases, such as data deletion and disclosure requests for defamation on the Internet, and have a proven track record in this area.

 

In addition, we have a one-stop system to handle some court proceedings, including preservative procedures, litigation (trial on the merits), and compulsory execution.
 

When advising foreign clients, our firm can field a team of expert Japanese lawyers and foreign lawyers who have relevant experience and bi-cultural sensitivity. Our team can do business and draft documents in Japanese, English, German, Mandarin, Hindi, Korean, and Marathi, and provides services around the clock through our global affiliated offices.

 

 

Related Publications

• "Civil Provisional Remedies in Practice: Forms [Fully Revised Sixth Edition]," Civil Law Institute (2020) [Co-author]
• "166 Questions and Answers about Current Credit Management and Collection 2019 Edition," the Turnaround & Credit Management vol.165, Kinzai Institute for Financial Affairs (2019) [Co-author (Q38-39, Q47, Q51, Q74-75, Q122, Q126) ]
• "Internet-related Provisional Dispositions in Practice," Kinzai (2018) [Co-author]
• "155 Questions and Answers about Current Credit Management and Collection," the Turnaround & Credit Management vol.143, Kinzai Institute for Financial Affairs (2014) [Co-author]

 

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