Yoshimoto Kawamura

 

Professional Background

1996
Aoyama Gakuin University (LL.B.)
2001
Admitted in Japan (Tokyo Bar Association)
2006
Ushijima & Partners
2011
Partner, Ushijima & Partners

 

Admitted

Japan (2001)

 

Contact Information

TEL:+81-3-5511-3221
FAX:+81-3-5511-3258
yoshimoto.kawamura@ushijima-law.gr.jp

Major Types of Cases Handled

Corporate / Compliance / Corporate Governance
– Advice on various legal issues of companies
– Guidance on the management of shareholders’ meetings (U&P has experience in providing guidance on shareholders’ meetings of companies which have disputes over the management control right)

M&A / Hostile Takeover
– Hostile takeover bid by Oji Paper Co., Ltd. for Hokuetsu Kishu Paper Co., Ltd. (advising the target company)
– Hostile takeover bid by K.K. daVinci Advisors for TOC Co., Ltd. (advising the target company)
– M&A transactions within the same industry (general merchandise stores, leasing companies, etc.)

Crisis Management
– Support in cases of violation of insider trading regulations
– Internal investigations concerning transactions of a company lacking official approval of the company, etc.

Corporate Dispute / Arbitration
– Disputes over management rights of companies
– Temporary injunction against leakage of confidential information by a former employee

Business Revitalization/ Bankruptcy
– Filing of petitions for commencement of civil rehabilitation proceedings of real estate fund management company and materials manufacturer and others

Antitrust
– Support in cases of violation of Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (including application of Leniency Program)
– Litigations demanding damages for violation of competition law (representing the defendant) and the like
– Provided legal advice to client regarding investigation of international cartel cases by authorities of EU, US, Korea and Japan
– Negotiation with and preparation of prior notification to Japan Fair Trade Commission for corporate merger review including the case of M&A resulting in 100% market share in Japan
– Advice on various legal issues concerning competition law in manufacturers’ distribution network
– Advised on changes so as not to violate the Subcontract Act and discussion points to explain to counterparty

Publications, etc.

“Points to Note Concerning Abuse of Dominant Bargaining Position; Be Careful about Counterparty’s Acts Imposing Unreasonable Disadvantages not Based on the Relevant Party’s Free and Voluntary Decision” (January 2013 issue of the monthly magazine “The Lawyers” (ILS Publications Inc.))
“Recent Amendments Concerning the Review of Business Combination Affecting M&ampA Practices in Japan” (Japan Business Law Review 2012 -M&ampA) (ILS Publications, Inc.)

Seminars, etc.

“Responses to on-site inspection, etc., based on the Guidelines on Administrative Investigation Procedures under the Antimonopoly Act, and Antimonopoly Compliance” (LexisNexis Japan/Business Law Journal, April 19, 2016)
“Management of the board of directors and actual cases regarding pursuit of board members’ liability” (Japan Corporate Governance Network, February 17, 2016)

“Transition to the Structure of Company with Audit and Supervisory Committee; Operation Practice; and the Impact on Governance” (Japan Corporate Governance Network, May 20, 2015)

“Management of the board of directors and actual cases regarding pursuit of board members’ liability” (Japan Corporate Governance Network, November 27, 2014)

JAPANESE SITE