Kenji Sarukura｜Ushijima & Partners, Attorneys-at-Law

Sanno Park Tower 12F (Reception) and 14F,
11-1, Nagatacho 2-chome, Chiyoda-ku,
Tokyo 100-6114, Japan

Tokyo Metro Ginza Line: G06 Tameike-sanno Station, Exit 7 (directly accessible through the second basement)

Tokyo Metro Nanboku Line: N06 Tameike-sanno Station, Exit 7 (directly accessible through the second basement)

Tokyo Metro Chiyoda Line: C07 Kokkai-gijido-mae Station, Exit 5 (3 minutes’ walk)

Tokyo Metro Marunouchi Line: M14 Kokkai-gijido-mae Station, Exit 5 (10 minutes’ walk through Chiyoda Line platform)

Background

2003

Waseda University (LL.B.)

2007

Admitted in Japan (Dai-ni Tokyo Bar Association)

Ushijima & Partners

2019

Partner, Ushijima & Partners

Environmental Law Groups of Daini Tokyo Bar Association

Japan Association for Environmental Law and Policy

Multilaw Real Estate Groups

Multilaw Litigation Arbitration and Dispute Resolution Groups

Japan Corporate Governance Network

Member of Lawyering Network for Foreigners (Gaikokujin Royaringu Network)

Major Practice Area

Real Estate / Construction / Environment

Cases claiming damages concerning soil contamination and underground obstacles (specified hazardous substances, dioxins, asbestos, polychlorinated biphenyls, oils, foundation pile, industrial waste, etc.) found at redevelopment sites

Advice on regulations related to waste treatment and recycling businesses and waste-to-energy businesses

Cases claiming damages concerning construction defects in large scale commercial buildings, apartments and symphony halls

Legal / Environmental due diligence of target lands and buildings

Prepare sale and purchase contracts, fixed-term lease contracts for property (including land and commercial buildings), design and construction contracts for buildings, and other documents

Crisis Management

Cases claiming illegal acts conducted by accounting managers (including internal investigations and criminal complaints)

Conducted independent internal investigations related to accounting fraud and accounting irregularities

Conducted independent internal investigations concerning embezzlement, breach of trust and work environmental issues such as harassment, etc.

Dealt with various whistleblowing claims

Corporate Dispute

Cases bringing shareholder derivative action against directors and auditors (including ex-officers) by an activist fund (participated as an assisting intervener on behalf of company)

Cases petitioning for provisional injunction to halt the issuance of new shares and stock acquisition rights (on behalf of shareholder)

Cases petitioning for preservation of evidence including business reports, financial statements and detailed statements, accounting books, and board meeting minutes (on behalf of company)

Internet / Media / Entertainment

Advice on regulations related to online businesses and E-Commerce (including the Financial Instruments and Exchange Act, and the Premiums and Representations Act)

Advice on regulations related to the business of prepaid payment instruments, fund transfers, virtual currencies and initial coin offerings (including the Payment Services Act)

Cases petitioning for provisional injunction for defamation conducted on a website

Cases claiming defamation conducted by press releases of other companies, newspaper articles, magazines, and contributions on social media sites

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Publications

Environmental Law

“Environmental Contamination/Waste Risks and Legal Work Pertaining to Real Property Business/M&A” (SEIBUNSHA, July 26, 2021)

Real Estate / Construction-Related Litigation / Natural Disasters

“Practical Operations for Real Estate and Construction Businesses under the Amended Civil Code – Real Estate Trading/Real Estate Leases/Contract Work/Entrustment of Design and Supervision” (SEIBUNSHA Co., Ltd., May 2019)

Articles, etc.

Environmental Law

“Rigid Application of Voluntary Standards for Reducing Greenhouse Gas Emissions and Anticompetitive Effect – SDGs/ESG and the Antimonopoly Act” (“BUSINESS LAWYERS,” December 1, 2023)

“Changing Specifications for Reducing Greenhouse Gas Emissions and Maintaining the Current Prices – SDGs/ESG and Antimonopoly Act” (“BUSINESS LAWYERS,” December 1, 2023)

“Supplying Goods only to Distributors That Comply with the Greenhouse Gas Reduction Criteria – SDGs/ESG and the Antimonopoly Act” (“BUSINESS LAWYERS,” November 28, 2023)

“Termination of Business with Enterprises That Fail to Comply with the Greenhouse Gas Reduction Criteria – SDGs/ESG and the Antimonopoly Act” (“BUSINESS LAWYERS,” November 24, 2023)

“How Do We Respond to Neighbors’ Complaints about Noises, Vibrations and Odors?” (LegalOn Technologies, November 13, 2023)

“Blind Spots in Addressing Environmental/Waste Regulations in Business Operations ~ Solid Responses to Regulations/Authorities to Avoid Fatal Risks ~ [Part 3] ‘Laws and Regulations Regarding Environmentally Hazardous Substances, Wastes, Greenhouse Gases, Etc., That Can Be Blind Spots for Businesses’” (“Business & Law,” September 24, 2023)

“Blind Spots in Addressing Environmental/Waste Regulations in Business Operations ~ Solid Responses to Regulations/Authorities to Avoid Fatal Risks ~ [Part 2] ‘Points to Note When Diverting By-Products/Waste to, or Reusing Them in, Other Business’” (“Business & Law,” September 14, 2023)

“Blind Spots in Addressing Environmental/Waste Regulations in Business Operations ~ Solid Responses to Regulations/Authorities to Avoid Fatal Risks ~ [Part 1] ‘Various Municipal Environmental Ordinances That Differ from Laws and Regulations and Associated Legal Risks’” (“Business & Law,” July 29, 2023)

“Laws Governing Biomass/Waste Power Generation Business (Overview) – Part 3: Regulations That Can Be Hurdles as Environmental Restrictions (upon Launch and in Operation)” (“BUSINESS LAWYERS,” June 22, 2023)

“Laws Governing Biomass/Waste Power Generation Business (Overview) – Part 2: Regulations That Can Be Hurdles When Operating Biomass Power Generation Facilities” (“BUSINESS LAWYERS,” June 21, 2023)

“Laws Governing Biomass/Waste Power Generation Business (Overview) – Part 1: Regulations That Can Be Hurdles When Launching a Power Generation Business and Installing Facilities” (“BUSINESS LAWYERS,” June 20, 2023)

“Whether Biomass Fuels for Power Generation Are Considered Waste (Based on 2021 Collection of Cases Decided by the Ministry of the Environment)” (“BUSINESS LAWYERS,” January 6, 2023)

“Matters to Note in Regulations Concerning Manufacturing, Import, Storage, etc., of Chemical Substances That Business Operators Are Apt to Overlook (Including Major Regulations on PCBs, Trichloroethylene, etc.)” (“BUSINESS LAWYERS,” October 26, 2022)

“Required responses when PCB (polychlorinated biphenyls) wastes exist in the property (based on the amendments in 2022)” (“BUSINESS LAWYERS,” August 31, 2022)

“Obligation to Reduce Emissions and Reporting System under the Ordinances of the Tokyo Metropolitan Government and Other Municipalities on Decarbonization and Global Warming Countermeasures” (“BUSINESS LAWYERS,” July 5, 2022)

“Practical Measures That Can Be Blind Spots for Emitters under the Plastic Resource Circulation Act (Enforced in April 2022)” (“BUSINESS LAWYERS,” June 28, 2022)

“Importance of Environmental Due Diligence in M&A/Real Estate Transactions” (“BUSINESS LAWYERS,” December 24, 2021)

“Points to Note in Forming an Eco Fund/Environment-Friendly Energy Fund and Business-Type Fund (Part II)” (“BUSINESS LAWYERS,” December 18, 2020)

“Points to Note in Forming an Eco Fund/Environment-Friendly Energy Fund and Business-Type Fund, Part I” (“BUSINESS LAWYERS,” December 11, 2020)

“Laws and Regulations and Practical Points Regarding Construction Waste and Recycling (Part 2)” (“BUSINESS LAWYERS,” November 9, 2020)

“Laws and Regulations and Practical Points Regarding Construction Waste and Recycling (Part 1)” (“BUSINESS LAWYERS,” November 2, 2020)

“Risks and Practical Points Pertaining to Asbestos in Real Estate/M&A Transactions (Based on the Act Amended in 2020)” (“BUSINESS LAWYERS,” September 28, 2020)

“Cases Where Investigation and Reporting on Soil Contamination Are Required and Persons Subject to Such Requirements — Addressing the 2019 Amendment to the Soil Contamination Countermeasures Act” (“BUSINESS LAWYERS,” August 21, 2020)

“Asbestos Regulations and Legal Liability for Soil Contamination (Based on the Act Amended in 2020)” (Kigyo Houmu Navi, July 31, 2020)

“Practical Points to Note in Treating PCB Wastes (Polychlorinated Biphenyls Wastes) – Based on the 2019 Amended Act” (Kigyo Houmu Navi, July 28, 2020)

“Practical Points to Note Concerning Treatment of Waste for the Purpose of Recycling” (Kigyo Houmu Navi, July 13, 2020)

“Points for Making Inquiries to Local Governments/Municipalities Concerning Treatment of Environmentally Harmful Substance and Waste” (“BUSINESS LAWYERS,” May 22, 2020)

“Pursuing Liability of the Seller of the Land Contaminated with Asbestos” (“BUSINESS LAWYERS,” April 2017)

“Legal Regulations on Asbestos Discovered in Estates” (“BUSINESS LAWYERS,” April 2017)

“Responses required to be made when PCB (polychlorinated biphenyl) waste exists in property” (“BUSINESS LAWYERS,” March 28, 2017)

“Is there any case where the validity of special agreements on the limitation on warranty against defects regarding soil contamination, etc. would be denied?” (“BUSINESS LAWYERS,” June 2016)

“Is the seller of the land responsible for underground obstacles which have no problem in building construction?” (“BUSINESS LAWYERS,” April 2016)

“The Latest Preventive Legal Measures Against Soil Contamination and Underground Obstacles in Land Transactions” (August 2014 issue of “Business Law Journal” magazine)

Real Estate / Construction-Related Litigation / Natural Disasters

“Laws Governing Asbestos Exposure in Building Construction and Demolition Work, and Constructors’ Liability” (AIG General Insurance Company, Ltd, May 23, 2023)

“Compensation for Asbestos-Related Health Damage at Construction Sites and Relevant Laws” (AIG General Insurance Company, Ltd., January 4, 2022)

“Points for Conducting Minpaku Business (Private Lodging Business) with Lease Property and the Risk for Injunction against Business” (Kigyo Houmu Navi, August 11, 2020)

“Constructors’ Civil Liability and Compensation In the Event of Disaster (Enactment of the Amended Act on Promoting Quality Assurance in Public Works, the Amended Act for Promoting Proper Tendering and Contracting for Public Works, and the Amended Construction Business Act; Recent Trends)” (contribution; white paper published by AIG General Insurance Company, Ltd, June 30, 2020)

“Basics of Lease Agreements for Office Space: How to Provide the Scope of Restoration ~ Free Template Will Be Provided ~ ” (Tsugi No Jidai (Next Era), June 14, 2020)

“Problems Regarding Impossible Completion/Discontinuation/Delay of Construction and Equipment Work Due to Covid-19 (Part 2)” (“BUSINESS LAWYERS,” May 28, 2020)

“Problems Regarding Impossible Completion/Discontinuation/Delay of Construction and Equipment Work Due to COVID-19 (Part 1)” (“BUSINESS LAWYERS,” May 25, 2020)

“Issues Concerning Request for Business Suspension and Lease Agreements for Commercial Establishments/Office Buildings, etc. in Relation to COVID-19 (Part II)” (“BUSINESS LAWYERS,” April 30, 2020)

“Issues Concerning Request for Business Suspension and Lease Agreements for Commercial Establishments/Office Buildings, etc. in Relation to COVID-19 (Part I)” (“BUSINESS LAWYERS,” April 24, 2020)

“Points for Explaining and Apologizing for a Scandal” (“BUSINESS LAWYERS,” April 1, 2020)

Influence of COVID-19 on M&A Transactions and Points to Note for Future M&A Transactions (Part 2) (“BUSINESS LAWYERS,” May 19, 2020)

Influence of COVID-19 on M&A Transactions and Points to Note for Future M&A Transactions (Part 1) (“BUSINESS LAWYERS,” May 12, 2020)

“Infectious Diseases/Epidemics Due to New Viruses, etc., and the Scope of Application and Matters to Note Regarding a Force Majeure Clause” (“BUSINESS LAWYERS,” March 11, 2020)

“Liability for Failure or Delay in Performing a Contract Due to Infectious Diseases/Epidemics such as New Viruses” (“BUSINESS LAWYERS,” March 11, 2020)

“Practical Operations for Private Lodging Businesses Operating at Rental Houses and Condominium Units (with Sample Provisions)” (December 2018 issue of “Monthly SHIHO-SHOSHI”)

“Regulations for Private Lodging Administration Businesses/Private Lodging Agency Businesses, and Civil Liability and Operations of Private Lodging Business Operators” (November 2018 issue of “Monthly SHIHO-SHOSHI”)

“Points of Private Lodging-Related Laws and Outline of Regulations for Private Lodging Businesses” (October 2018 issue of “Monthly SHIHO-SHOSHI”)

“[Series] Measures Addressing the Amendment of the Law of Obligations Required for Real Estate and Construction Businesses #6: Lease of Real Property (2: Lease Guarantees)” (July 2018 issue of “Business Homu”)

“[Series] Measures Addressing the Amendment of the Law of Obligations Required for Real Estate and Construction Businesses #5: Lease of Real Property (1)” (June 2018 issue of “Business Homu”)

Article on issues concerning real estate leases (cancellation of lease agreements due to collapsing relationships of trust) (“Ohya Club,” 2018 Spring Issue)

“[Series] Measures Addressing the Amendment of the Law of Obligations Required for Real Estate and Construction Businesses #4: Construction Businesses (Contract) (2)” (May 2018 issue of “Business Homu”)

“[Series] Measures Addressing the Amendment of the Law of Obligations Required for Real Estate and Construction Businesses #3: Construction Businesses (Contract) (1)” (April 2018 issue of “Business Homu”)

“[Series] Measures Addressing the Amendment of the Law of Obligations Required for Real Estate and Construction Businesses #2: Real Estate Businesses (Purchase and Sale) (2)” (March 2018 issue of “Business Homu”)

“[Series] Measures Addressing the Amendment of the Law of Obligations Required for Real Estate and Construction Businesses #1: Real Estate Businesses (Purchase and Sale) (1)” (February 2018 issue of “Business Homu”)

“A Guide for Practical Operations regarding Real Property Transaction Agreements Based on Civil Code Reform (Amendment to Law of Obligations) — with a sample of purchase and sale agreement reflecting the reform —” (“BUSINESS LAWYERS,” September 14, 2017)

Crisis Management / Handling of Misdoings

“Negative Effects of Manuals for Responding to Claims at the Scene/by Public Relations, and Down-to-Earth Responses” (“Keiei Hoyukai Report” (No. 590, April 2023))

“Responses to Foreign Authorities/Litigation in the Event of Misconduct at an Overseas Subsidiary” (“BUSINESS LAWYERS,” August 31, 2021)

“Matters to Note in the Initial Investigation of Misconduct at Overseas Subsidiaries” (“BUSINESS LAWYERS,” August 31, 2021)

“Points When Introducing Electronic Contracts Based on Their Features” (“Intellectual Property Management” magazine, August 20, 2021)

“Compliance in the Entertainment Industry 2021 – Contractual Issues, Relationship with Anti-social Forces, Etc.” (“BUSINESS LAWYERS,” April 27, 2021)

“[A Series of Articles] Recent Scandal Cases and Risk Management/Prevention — Part Sixteen: Points on Practical Operations Concerning Excessive Guidance and Power Harassment, Observed from Actual Scandal Cases of Sport Organizations” (“BUSINESS LAWYERS,” March 16, 2021)

“Leaning Problems of Large-Scale Buildings Due to Bad Ground and Poor Foundation That Are Recently Increasing and the Liability of Land Sellers and Constructors (Part 2)” (“BUSINESS LAWYERS,” February 1, 2021)

“Leaning Problems of Large-Scale Buildings Due to Bad Ground and Poor Foundation That Are Recently Increasing and the Liability of Land Sellers and Constructors (Part 1)” (“BUSINESS LAWYERS,” January 25, 2021)

“[A Series of Articles] Recent Scandal Cases and Risk Management/Prevention — Part Fifteen: Issues Concerning Disguised Ukeoi Contracts and Points for Preventing Them, Observed from Actual Cases (in Construction Industry, System Engineering, Etc.)” (“BUSINESS LAWYERS,” June 9, 2020)

“[A Series of Articles] Recent Scandal Cases and Risk Management/Prevention — Part Fourteen: Patterns of Disguised Ukeoi Contracts and Related Regulations, Penal Provisions, Etc. (in Construction Industry, System Engineering, Etc.)” (“BUSINESS LAWYERS,” June 3, 2020)

“Utilization of ‘Examples of Efforts for Preventing Corporate Scandals’ Aimed at Effective Whistleblowing System” (“BUSINESS LAWYERS,” February 18, 2020)

“[A Series of Articles] Recent Scandal Cases and Risk Management/Prevention — Part Thirteen: Principles for Preventing Corporate Scandals and Points to Note Following the Acquisition of a Subsidiary Based on Practical Guidelines Concerning Group Governance System” (“BUSINESS LAWYERS,” January 22, 2020)

“[A Series of Articles] Recent Scandal Cases and Risk Management/Prevention — Part Twelve: Points in Responding to Discovery of Misconduct and Formulating Preventive Measures, Observed from Scandal Cases of Overseas Subsidiaries” (“BUSINESS LAWYERS,” January 21, 2020)

“[A Series of Articles] Recent Scandal Cases and Risk Management/Prevention — Part Eleven: Points in Responding to Discovery of Misconduct and Formulating Preventive Measures, Observed from Cases of Design/Construction in Violation of the Building Standards Act” (“BUSINESS LAWYERS,” November 21, 2019)

“[A Series of Articles] Recent Scandal Cases and Risk Management/Prevention — Part Ten: Points for Early Detection and Investigation of Scandals, Observed from Cases of Design/Construction in Violation of the Building Standards Act” (“BUSINESS LAWYERS,” November 13, 2019)

“[A Series of Articles] Recent Scandal Cases and Risk Management/Prevention — Part Nine: Responses to the Governance Code for National Sport Federation Members, Observed from Cases of Scandals in Sporting Circles” (“BUSINESS LAWYERS,” October 1, 2019)

“[A Series of Articles] Recent Scandal Cases and Risk Management/Prevention — Part Eight: Treatment of Employees/Executives Who Are Involved in SNS-Related Scandals, and Points for Prevention” (“BUSINESS LAWYERS,” August 9, 2019)

“Points for Dealing with Shareholders After the Occurrence of Misconduct/Scandal (Derivative Lawsuit, Shareholders Meeting, Etc.)” (“BUSINESS LAWYERS,” August 9, 2019)

“Pursuit of Liability and Punishment of Directors/Officers Responsible for Misconduct/Scandal” (“BUSINESS LAWYERS,” August 8, 2019)

“What is Certification Concerning Internal Reporting Systems? The Advantages of Obtaining the Certification and the Standards for the Certification” (“BUSINESS LAWYERS,” August 6, 2019)

“Specific Points for Obtaining Certification Concerning Internal Reporting Systems” (“BUSINESS LAWYERS,” August 6, 2019)

“[A Series of Articles] Recent Scandal Cases and Risk Management/Prevention — Part Seven: Points for Responding to Discovery of Misconduct (Initial Reaction and Public Relations), Observed from Cases of SNS-Related Scandals” (“BUSINESS LAWYERS,” August 2, 2019)

“Claim Handling Process to Avoid Problems – Four Basics and Points to Note” (“Corporate Legal Affairs Lawyer Navigation (Kigyo Homu Bengoshi Navi),” July 23, 2019)

“[A Series of Articles] Recent Scandal Cases and Risk Management/Prevention — Part Six: Points in Responding to Discovery of Misconduct and Formulating Preventive Measures, Observed from Cases of Data Fabrication Concerning Base-Isolation/Vibration-Damping Devices” (“BUSINESS LAWYERS,” July 1, 2019)

“[A Series of Articles] Recent Scandal Cases and Risk Management/Prevention — Part Five: Points for Early Detection and Investigation of Misconduct, Observed from Cases of Data Fabrication Concerning Base-Isolation　/　Vibration-Damping Devices” (“BUSINESS LAWYERS,” June 26, 2019)

“Specific Measures (Such as Whistleblowing System) and Practical Points for Early Detection of Misconduct” (“BUSINESS LAWYERS,” May 8, 2019)

“Points for Practically Reviewing a Whistleblowing System Based on Guidelines” (“BUSINESS LAWYERS,” May 8, 2019)

“[A Series of Articles] Recent Scandal Cases and Risk Management/Prevention — Part Four: Response After Revelation of Scandals and Points in Establishing Recurrence Prevention Measures, Observed from Scandal Cases Relating to Soil Contamination” (“BUSINESS LAWYERS,” April 26, 2019)

“[A Series of Articles] Recent Scandal Cases and Risk Management/Prevention — Part Three: Points for Finding Fraud Quickly and Investigating It, Observed from Scandal Cases Relating to Soil Contamination” (“BUSINESS LAWYERS,” April 24, 2019)

“[A Series of Articles] Recent Scandal Cases and Risk Management/Prevention — Part Two: Response After Revelation of Scandals and Points in Establishing Recurrence Prevention Measures, Observed from Case on Illegal Disposal of Industrial Waste” (“BUSINESS LAWYERS,” March 1, 2019)

“[A Series of Articles] Recent Scandal Cases and Risk Management/Prevention — Part One: Points for Finding Fraudulence Quickly and Investigating It, Observed from Case on Illegal Disposal of Industrial Waste” (“BUSINESS LAWYERS,” February 22, 2019)

Others

“[China] Case of Name Right Infringement by Manolo Blahnik’s Trademark Registration” (“Intellectual Property Management,” April 19, 2023)

“What Is M&A Finance? The Purposes of Use, Methods and Procedures Will Be Explained in Detail” (fundbook, January 13, 2023)

An article regarding the unauthorized use of credit cards (TOINT Co., Ltd., October 6, 2022)

“Risks in Addressing the Revisions of Municipal Ordinances and Matters to Note, and the ‘Ordinance Alert’ That Supports Management of Municipal Ordinances”(“BUSINESS LAWYERS,” July 14, 2022)

“Shoot for Free of Errors! The Secret of Reviewing Contracts Observed from Real Cases – Non-Disclosure Agreements -” (November 2021 issue of “Business Houmu” magazine)

“Copyright Issues Concerning Use of Musical Works/Images and Distribution of a Song, Performance, Audio Book, etc., on Clubhouse, YouTube, One’s Own Website or Other Media (Part 2)” (“BUSINESS LAWYERS,” May 25, 2021)

“A Guide to Preparing Trademark Assignment Agreements – Standard Forms and Points for Preparation” (“Corporate Legal Affairs Lawyer Navigation,” September 20, 2019)

“Cases That Result in Infringement of Trademark Rights and Ways to Deal with Them – Three Points for Preventing Problems” (“Corporate Legal Affairs Lawyer Navigation,” September 20, 2019)

“International Fintech Guide” (under joint authorship, Multilaw, September 4, 2019)

“Six Reasons for Considering Disciplinary Dismissal; Points to Note in Dismissal” (Corporate Legal Affairs Lawyer Navigation (Kigyo Homu Bengoshi Navi), July 19, 2019)

“Due Diligence – Purpose and Process” (Corporate Legal Affairs Lawyer Navigation (Kigyo Homu Bengoshi Navi), December 20, 2018)

“How to Prepare a Stock Transfer Agreement and Matters to Note; Standard Forms and Items to State” (Corporate Legal Affairs Lawyer Navigation (Kigyo Homu Bengoshi Navi), December 7, 2018)

“International FinTech Guide” (under joint authorship, Multilaw, June 28, 2018)

“[Series] Legal Points Concerning Virtual Money #3: Registration of Virtual Currency Exchange Has Started – Development and Financial Laws and Regulations Concerning Virtual Money Businesses Such as Crowdfunding and Social Lending” (“BUSINESS LAWYERS”, October 26, 2017)

“[Series] Legal Points Concerning Virtual Money #2: Relationship Of Parties’ Rights In Virtual Money Transactions And Legal Issues In Case Trouble Occurs” (“BUSINESS LAWYERS”, March 22, 2017)

“[Series] Legal Points Concerning Virtual Money #1: Regulations Concerning ‘Virtual Money Exchange Services’ Accompanied With The Amendment Of The Payment Services Act” (“BUSINESS LAWYERS,” March 17, 2017)

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Media Appearances

“Miyaneya” (Nippon Television, September 29, 2023)

“news every” (Nippon Television, September 22, 2023)

“’Extraordinary Noise and Odor …’ Why? One Day, a Noise ‘Yard’ Appears Suddenly in a Residential Neighborhood” (Nittere NEWS, September 13, 2023)

“No Solid Evidence of Drug Found Against Nihon University American Football Team; President Hayashi Denies Cover-up but ‘Apologizes Deeply’ for the Delayed Report” (August 9, 2023 morning edition of the Sankei Shimbun)

“Asadesu. KBC” (Kyushu Asahi Broadcasting, May 15, 2023)

“Mezamashi 8” (Fuji TV Network, April 13, 2023)

“SMBC Nikko President Stays in Office with No Pay – Stock Price Manipulation Case – ‘Intends to Step Down after Paving the Way to Reorganization’” (November 5, 2022 morning edition of the Asahi Shimbun)

“Fountain of Management Know-How: Forest of General Affairs “Types of Common Malfeasance and the Company’s Liability” (August, 4, 2022)

“Fountain of Management Know-How: Forest of General Affairs “Disadvantages That Power Harassment Can Cause to a Company, and Outline of Laws” (May 13, 2022)

“Environmental risks are not someone else’s problems,” advocates Kenji Sarukura whose area of expertise has come into season~ Atami mudslide issue, Toyosu soil contamination issue, and other issues ~” (“MIRU – Metal Information Resources Universe- , November 4, 2021)

“What are the points of the nation’s first municipal ordinance enacted by Chiba City?　Attorney’s legal view of the “Chinese scrap dealers” issue ~ Chiba City’s ordinance on outdoor storage of recyclable resources and scrap-yard ordinance, and Beppu Condominium Case and other cases ~” (“MIRU Metal Information Resources Universe- , November 4, 2021)

“Who Takes the Risk of Rent Reduction? Owners Are Also Suffering from Tenant Requests” (July 2020 issue of the Nikkei Real Estate Market Report)

“The Mayor Sees Whistle-blowing of Forgery of Fire Department’s Record as Problematic – What Are the Experts’ Views?” (Ryukyu Shimpo website dated December 5, 2019)

“The Mayor of Nanjo City Orders Investigation of ‘Information Leakage,’ Seeing the Whistle-blowing of Forgery of Fire Department’s Record as Problematic – Experts’ View: ‘Whistle-blower is Entitled to Protection’” (Ryukyu Shimpo website dated December 5, 2019)

FM77.5 FM Hachioji/FM87.3 REDS-WAVE program “Welcome to Su-san’s Sports World!” (August 16, 2019)

“Manufactures’ Fraudulent Acts Occurring in Succession – Declining Hinomaru (national flag) Brand Due to Weakened Normative Consciousness and Profit-Oriented Business” (June 8, 2018 edition of the Sankei Shimbun)

FM77.5 FM Hachioji/FM87.3 REDS WAVE program “Welcome to the World of Sports!” (June 1, 2018)

“How Should the Security of Virtual Currency Be Managed? The Basic Policy of Separate Management Does Not Help in Bankruptcy” (February 17, 2018 edition of the Nihon Keizai Shimbun)

“MPD Arrests ‘Ripple’ Exchange Operator for Fraud, Revealing Danger of Emerging Exchanges” (October 19, 2017 edition of the Sankei Shimbun)

FM87.3 REDS-WAVE radio program “Welcome to Sports World!” (November 16, 2017)

“CASINO japan” 2016 Vol. 30 (interview)

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Lectures Given

Environmental Law

“Recent Laws, Regulations and Ordinances Concerning the Environment and ESG, and the Importance of Managing the Contents of Regulations – Based on the Flood of New Regulations and Amendments -” (Co-hosted by Ushijima & Partners and Thompson Reuters, December 5, 2023)

“Laws and Regulations Governing Renewable Energy Businesses such as Biomass Power Generation and Responding to Supervisory Authorities and Local Governments” (Japan Planning Institute, August 1, 2023)

“Practically Important Points in Environmental Law and Legal Risks in Recycling Waste in ESG Golden Age” (AOS DATA, Inc., GVA TECH K.K. and Ushijima & Partners, July 10, 2023)

“Laws and Regulations Governing Solar Power Generation and Biomass Power Generation (Waste Power Generation) and Responding to Supervisory Authorities and Local Governments” (Kinyu Facsimile Shimbunsha, April 17, 2023)

“Due Diligence and Environmental/Waste Regulations and Pollution Risks in the Target Company and Real Estate in M&A Transactions” (Financial Management Forums, Inc., March 16, 2023)

“Environmental Contamination/Waste Risks and Legal Work Pertaining to Real Property Business/M&A” (Japan Knowledge Center, February 22, 2023)

“Environmental Contamination/Waste Risks and How to Prevent and Respond to Crises” (FRONTEO, July 31, 2022)

“Regulations regarding Environmentally Hazardous Substances, Wastes, Greenhouse Gases, Etc., That Can Be Blind Spots for Businesses” (Business & Law, August 9, 2022 – )

“Environmental Contamination/Waste Risks and Legal Work Pertaining to Real Property Business/M&A” (Kinyu Facsimile Shimbun-sha, November 16, 2021)

“Environmental Contamination/Waste Risks Pertaining to Real Estate Transactions/M&A and the Most Important Points to Note in Practical Operations” (Japan Planning Institute (JPI), October 18, 2021)

“Environmental Contamination/Waste Risks and Legal Work Pertaining to Real Property Business/M&A” (Financial Management Forums, Inc., September 13, 2021)

“Practical Responses to Environmental, Waste and Disaster Risks in Real Estate Transactions and M&A” (PRONEXUS INC., August 19, 2021)

“Risks Pertaining to Wastes/Environmentally Hazardous Substances and Points to Note in Dealing with M&A/Real Estate Transactions ~ Points to Note Based on Recent Actual Cases and Specific Examples ~” (Business & Law, March 2, 2021)

“Risks Pertaining to Environmental Contamination/Wastes in Relation to M&A/Real Property Business and Practical Operations” (Financial Management Forums, Inc., February 26, 2021)

“Risks Pertaining to Wastes/Environmentally Hazardous Substances and Points to Note in Dealing with M&A/Real Estate Transactions” (LexisNexis Japan/Business Law Journal, December 18, 2020)

“Risks Pertaining to Environmental Contamination/Wastes in Relation to M&A/Real Property Business and Points to Note in Practical Operations” (Financial Management Forums, Inc., October 14, 2020)

“Practical Responses to Environmental Risks and COVID-19/Disaster Risks in Relation to Recent Real Property Business” (PRONEXUS INC., August 28, 2020)

“Risks Pertaining to Soil Contamination/Wastes/Environment and the Operation of Real Estate Business (Addressing the Civil Code Reform)” (Corporate Management Forums, Inc., March 19, 2020)

“Risks Pertaining to Soil Contamination/Wastes and Real Estate Business Operations (Addressing the Civil Code Reform)” (Corporate Management Forums, Inc., May 9, 2019)

Real Estate / Construction-Related Litigation / Natural Disasters

“Civil Liability and Compensation Liability of Constructors in the Event of Natural Disasters, Based on Recent Trends” (General Constructors Association of Miyazaki, December 22, 2022)

“Past Disputes and Practical Responses to Real Property Redevelopment and Large-scale Reconstruction” (Financial Management Forums, Inc., May 12, 2022)

“Matters to Note in Conducting Real Estate Transactions after the Enforcement of the 2020 Amendment to the Civil Code” (All Japan Real Estate Association KantoRyutsu Center, April 24, 2022)

“Matters to Note in Conducting Real Estate Transactions after the Enforcement of the 2020 Amendment to the Civil Code” (All Japan Real Estate Association, January 14, 2022 – )

“Cases of Questionable Performance of the Duty of Explanation/Liability for Non-Conformity by Real Estate Sellers/Agents, and Points to Note” (Financial Management Forums, Inc., January 12, 2022)

“Matters to Note Regarding Liability for Non-Conformity, Etc., in Real Estate Transactions and Measures to Avoid Such Liability from the Viewpoint of Sellers and Real Estate Agents” (Ishikawa Takken Association, October 1, 2021)

“The Legal Practice Pertaining to Building Leases – Based on Practical Operations After the Civil Code Reform and Spread of COVID-19” (Financial Management Forums, Inc., June 8, 2021)

“The Legal Practice Pertaining to Building Leases – Based on the Civil Code Reform and Spread of COVID-19” (Mitsubishi UFJ Research and Consulting Co., Ltd., March 23, 2021)

“Civil Liability and Compensation Owed by Contractors in an Emergency – Based on the Passing of the New So-called Three Public Work Bearers Acts and Recent Trends – ” (AIG General Insurance Company, Ltd, February 22, 2021)

“Legal Risks and Practical Operations Pertaining to Real Property Redevelopment (Prevention of Disputes Relating to Reconstruction of Buildings and Redevelopment of Old Factory Sites)” (Financial Management Forums, Inc., December 1, 2020)

“Practical Points in Revising Real Estate Leasing, Guarantee and Sale and Purchase Contracts for Addressing the Civil Code Reform” (Mizuho Research Institute Ltd., February 18, 2020)

“Practical Operations Concerning Outsourcing Agreements/Ukeoi Contracts to Address the Civil Code Reform and General Conditions (for Construction, Design and Equipment/Interior Construction)” (Corporate Management Forums, Inc., January 31, 2020)

“Points for Revising Provisions of Leases, Guarantees and Sales Contracts in Consideration of the Civil Code Reform ~ Focused Explanation on the Latest Practical Operations and Sample Provisions ~” (Corporate Management Forums, Inc., December 2, 2019)

“Practical Measures to Address the Amendment to the Law of Obligations in the Real Estate Industry” (Ishikawa Real Estate Transaction Associations, November 18, 2019 (twice in Kanazawa); November 19, 2019 (in Komatsu and Nanao))

“Contractual Practice Concerning Real Estate Leasing, Guarantees and Trading to Address the Civil Code Reform – Points to note based on questions and awareness of problems that persons in charge of contracts often have” (Finance Facsimile News, October 1, 2019)

“Practical Operations of Due Diligence and Revision of Contract Terms Based on Recent Real Estate Transactional Disputes and the Civil Code Reform” (Japan Planning Institute, September 19, 2019)

“Legal Work for Real Property Redevelopment (Prevention of Disputes Relating to Urban Redevelopment and Development of Old Factory Sites)” (Corporate Management Forums, Inc., August, 28, 2019)

“Measures to Address the Civil Code Reform Concerning Outsourcing Agreements/Ukeoi Contracts” (Corporate Management Forums, Inc., July 29, 2019)

“Practical Operations and Examples of Contract Clauses Regarding Real Estate Leasing, Etc. Based on the Civil Code Reform” (PRONEXUS INC., July 24, 2019)

“Intensive Explanations – Practical Operations Concerning Real Estate Leasing, Guarantees and Trading to Address the Civil Code Reform” (Mizuho Research Institute Ltd., July 22, 2019)

“Legal Work for Real Property Redevelopment (Prevention of Disputes Relating to Urban Redevelopment and Development of Old Factory Sites)” (Corporate Management Forums, Inc. (Keiei Chosa Kenkyukai), June 3, 2019)

“Practical Operations and Examples of Contract Clauses Regarding Real Estate Leasing, Etc. Based on the Civil Code Reform” (PRONEXUS INC., March 26, 2019)

“Practical Operations and Points in Revising Contracts Concerning Real Estate Leasing, Etc. for Addressing the Civil Code Reform (Amendment to the Law of Obligations)” (Mizuho Research Institute Ltd., February 26, 2019)

“Recent Real Estate Redevelopment Disputes and Practical Operations for Addressing the Civil Code Reform” (Corporate Management Forums, Inc., February 13, 2019)

“Measures to Address the Amendment to the Law of Obligations Concerning Outsourcing Agreements/Ukeoi Contracts for Real Estate Business Operators” (Corporate Management Forums, Inc., January 10, 2019)

“Practical Operations for Addressing the Civil Code Reform (Amendment to the Law of Obligations) in Real Estate Leasing/Guarantees/Transactions” (Financial Management Forums, Inc., December 12, 2018)

“Recent Real Estate Redevelopment Disputes and Practical Operations for Addressing the Civil Code Reform” (Corporate Management Forums, Inc., October 24, 2018)

“Practice Relating to Soil Contamination, Waste and Defective Grounds in Real Estate Transactions – Based on the Civil Code Reform” (Corporate Management Forums, Inc. (Keiei Chosa Kenkyukai), June 21, 2018)

“Practical Operations for Addressing the Civil Code Reform (Amendment to the Law of Obligations) in Real Estate Leasing/Transactions” (Financial Management Forums, May 8, 2018; July 18, 2018)

“The Latest Practical Measures Relating to Real Estate Sales and Contract Work to be Influenced by the Civil Code Reform” (Financial Management Forums, Inc., February 13, 2018)

“The Latest Practical Measures Relating to Real Estate Sales and Contract Work to be Influenced by the Civil Code Reform” (Financial Management Forums, Inc., December 19, 2017)

“Examples of terms of sale and purchase agreements in real estate transactions that should be revised according to the amendment of the Civil Code” (Corporate Management Forums, Inc. (Keiei Chosa Kenkyukai), October 23, 2017)

“Latest practical operations of real estate transactions that are affected by the amendment of the Civil Code (Law of Obligations)” (Financial Management Forums, Inc. (Kinyu Zaimu Kenkyukai), August 8, 2017)

“Updated Status of Transactions of Soil-Contaminated Real Estate and Real Estate over Buried Objects and Preventive Legal Measures – from the Standpoint of Seller and Purchaser, Respectively” (LexisNexis Japan, April 15, 2014)

Crisis Management / Handling of Misdoings

“Actions to Be Taken upon Occurrence of a Scandal and Legal Measures for Prevention ~ Case Studies and Failed Cases ~ ” (Business Research Institute, November 1, 2022; February 3, 2023; May 24, 2023; October 12, 2023; March 4, 2024)

“Practical Operations Responding to/Preventing Three Types of Major Harassment Based on Actual Cases (Excessive Guidance, Reverse Power Harassment and Customer Harassment)” (Financial Management Forums, Inc., April 13, 2023)

“Learn from Actual Cases! – Failed Cases and Actual Practice of Countermeasures against Customer Harassment” (The Association of Corporate Legal Departments, January 30, 2023)

“Check with Real Cases! Appropriate Responses to Misdoings in the Company and Examples of Fatal Mistakes” (Fountain of Management Know-How, June 24, 2022)

“Responses to scandals and measures to prevent them” (Mitsubishi UFJ Research and Consulting Co., Ltd., April 18, 2022)

“How to Prevent and Respond to Scandals at Domestic and Overseas Subsidiaries/Group Companies” (Financial Management Forums, Inc., December 24, 2021; February 16, 2023)

“Points for Reviewing a Whistleblowing System, Etc.” (PRONEXUS INC., December 8, 2021 – )

“How to Respond to and Prevent Scandals at Subsidiaries/Group Companies in Japan and Overseas” (Financial Management Forums, Inc., August 3, 2021)

“Case Studies Based on Various Types of Scandals and Points for Reviewing Compliance Systems” (Financial Management Forums, Inc., July 12, 2021)

“By Type: A Case Study of Actual Scandals and Points for Compliance Training” (PRONEXUS INC., April 27, 2021 – )

“Scandals Based on Actual Cases and Points in Compliance Training” (Financial Management Forums, Inc., April 7, 2021)

“Case Study Based on Scandal Cases by Type and Points on Compliance Training” (Financial Management Forums, Inc., February 2, 2021)

“Case Study Based on Scandal Cases and Practical Points to Note by Industry/Type” (PRONEXUS Inc., October 5, 2020)

“Case Study Based on Scandal Cases by Type and Points on Compliance Training” (Financial Management Forums, Inc., July 7, 2020)

“Matters to Note Regarding Publication of Scandals and Practical Measures to Prevent Information Leaks in Relation to Working from Home” (FRONTEO, June 12, 2020)

“Patterns of How Misconduct/Scandals Are Discovered in Real Cases and Specific Measures to Discover Them Promptly” (FRONTEO, April 27, 2020)

“Case Study Based on Scandal Cases and Practical Solutions by Industry/Type” (PRONEXUS Inc., April 16, 2020)

“Points for Reviewing Compliance System Based on Scandal Cases by Industry/Type” (PRONEXUS Inc., December 24, 2019)

“By Business Category: Points for Reviewing Compliance Based on Actual Cases of Crisis Management” (Corporate Management Forums, Inc., September 24, 2019)

“Practical Operations for Dealing with Scandals and Reviewing Compliance Structure (for Real Property, Manufacturing and Construction Industries)” (LexisNexis Japan Co., Ltd., July 10, 2019)

“Recent Corporate Misconduct Cases and Practical Measures for Managing and Preventing Risks (in Real Property and Construction Businesses)” (Corporate Management Forums, Inc., April 17, 2019)

Others

“Failed Cases of Contract Clauses That Invite Disputes, and Specific Examples of Contract Review” (Japan Knowledge Center, October 16, 2023)

“Legal Risks and Practical Measures to Address New Infectious Diseases, Major Earthquakes, Typhoons and Other Disasters” (Financial Management Forums, Inc., May 18, 2023)

“Basics and Practical Strategy of Inheritance and Business Succession of Owner Enterprises” (Financial Management Forums, Inc., February 1, 2023)

“Basic Issues in Inheritance and Business Succession That Are Practically Important” (the Nagano Employers’ Association, October 28, 2022)

“Practically Important Points in the Amended Civil Code” (Nagano Employers’ Association, August 24, 2022)

“Practical Work of Reviewing and Revising Contract Provisions” (PRONEXUS INC., August 15, 2022)

“Business Practices Concerning Japanese Contracts – Failed Cases of Contract Review and Remedial Measures Based on Actual Disputes (Re: Service Contracts)” (C&R Legal Agency, July 29, 2022)

“Compliance with the Amended Whistleblower Protection Act – Points for reviewing compliance systems learned from case studies” (Corporate Management Forums, Inc., June 16, 2022)

“Risks and Points to Note in Responding to Amended Ordinances” (Westlaw Japan K.K., co-hosted by BUSINESS LAWYERS/Bengo4.com, Inc., May 25, 2022)

“[2022 Edition] Pitfalls of Checking and Revising Contract Provisions [By Contract Type]” (Business & Law, May 18, 2022-)

“Quantitative Risk Analysis Based on the Study of Specific Cases of Scandals and Practical Examples – Presentation of Scandals That Caused Serious Situations and Measures Taken – “ (PRONEXUS INC., May 16, 2022-)

“Specific Cases of Addressing Trouble-Making Employees and How to Prevent Trouble Making” (Financial Management Forums, Inc., February 4, 2022)

“Commentary on Copyrights That Should Be Noted When Posting Videos, Etc. (4): ‘Quoting’ Even from Your Internal Materials Needs Attention, and ‘Unintended Appearance of a Copyrighted Work’ in a Photo Is Now Severely Addressed” (Kinyu Facsimile Shimbun-sha)

“Practical Work of Reviewing and Revising Contract Provisions by Reference to Cases of Recent Disputes and Problems” (PRONEXUS INC., August 5, 2021)

“Commentary on Copyrights That Should Be Noted When Posting Videos, Etc. (3): Issues Pertaining to ‘Fast Movies’ That Resulted in Arrests and Wildly Popular ‘Gameplay’!” (Dialogue video; Kinyu Facsimile Shimbun-sha, August 3, 2021)

“Commentary on Copyrights That Should Be Noted When Posting Videos, Etc. (2): Issues Pertaining to ‘Me Singing’ Videos!” (Dialogue video; Kinyu Facsimile Shimbun-sha, July 29, 2021)

“Commentary on Copyrights That Should Be Noted When Posting Videos, Etc. (1): Violation of the Copyright Act Can Result in Imprisonment!” (Dialogue video; Kinyu Facsimile Shimbun-sha, July 27, 2021)

“Practical Work of Reviewing and Revising Contract Provisions by Reference to Recent Problems and Disputes” (Financial Management Forums, Inc., July 1, 2021)

“Practical Work of Reviewing and Revising Contract Provisions by Reference to Cases of Problems and Disputes, Series #2” (PRONEXUS INC., December 22, 2020)

“A Sequel to ‘Pitfalls of Checking and Revising Provisions in Contract Review [By Contract Type]’” (LexisNexis Japan Co., Ltd. / Business Law Journal, September 23, 2020 – )

“Pitfalls of Checking and Revising Provisions in Contract Review [By Contract Type]” (LexisNexis Japan Co., Ltd. / Business Law Journal, August 26, 2020)

“Practical Work of Reviewing and Revising Contract Provisions by Reference to Cases of Problems and Disputes” (PRONEXUS INC., July 30, 2020)

“Concrete Examples of Reviewing/Revising Contracts and Actual Problems” (Corporate Management Forums, Inc., February 17, 2020)

“Points for Practically Reviewing Contracts ~ Based on Actual Disputes ~” (SMBC Consulting Co., Ltd., December 4, 2019)

“Points for Revising Provisions in Contract Review [By Contract Type] (Based on the Amendment of the Law of Obligations)” (LexisNexis Japan Co., Ltd., August 26, 2019; webinar available from September 9, 2019)

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Kenji Sarukura

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