弁護士等紹介

LAWYERS

AOKI Shinji

AOKI Shinji

Title
Partner
Telephone Number
+81-3-3214-6241
E-mail address
saoki@iwatagodo.com

Career Summary

June 1982
Born in Tokyo, Japan
March 2001
Graduated from Keio Senior High School
March 2005
Received his LL.B. from Keio University
March 2007
Received his LL.M. from Keio Law School
December 2008
Received his Diploma from the Legal Training and Research Institute of the Supreme Court (New 61st)・Registered as a Japanese attorney
December 2008
Joined Iwata Godo

Engaged Cases

1.Litigation and dispute resolution
・Lawsuits and financial ADR regarding claim for damages resulting from violation of accountability/suitability rule in relation to financial instruments (currency options, interest rate swaps, foreign currency deposits, investment trusts, etc.) (financial institution side)
・Claims for damages related to death from overwork or accidents at work (company side)
・Claim for damages on the grounds of harassment, etc. (company side)
・Product liability lawsuits (electrical manufactures’ and materials manufacturers’ side)
・Patent infringement lawsuits and invalidation trials (can manufacturers’ and medical device manufacturers’ side)
・Claims for an insurance payment, including fire and traffic accidents (insurance company side)
・Lawsuits to seek contract price, claims for damages on the grounds of contaminated soil and defects in construction, etc. (developer side)
・Request for vacation/eviction and request for reducing rent (lessor or lessee side, respectively)
・Request for disclosure of identification information of sender (Internet provider side)
・Request for disclosure of administrative documents (medical device manufacturer side)
・Mediation on division of inherited property

2.Companies Act and other corporate legal affairs
・Support for the management of general shareholders’ meetings (rehearsal, attendance at general meetings, proxy fighting, etc.)
・M&A transactions (mergers, company split, share exchanges, share transfers, business transfers, capital and business alliances, etc.)
・Advice and written opinion on the legality of management decisions of directors
・Legal advice on compliance
・Legal advice on various business laws (Construction Business Act, Act on Securing Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices, and Act against Unjustifiable Premiums and Misleading Representations, etc.)
・Legal advice on the Political Funds Control Act and regulations on bribery of public officials, etc.
・Response to external whistle-blowing counters

3.Legal services on banks and finance
・Collection of claims (including response in case of bankruptcy of business partners) and preservation of claims
・Legal advice on business laws including Banking Act, Financial Instruments and Exchange Act and Insurance Business Act.

4.Crisis Management
・Response to on-site inspections and administrative investigations by the Japan Fair Trade Commission as well as support for leniency applications in cartel cases, etc.
・Response to third-party committees, special investigative committees, and internal committees in case of corporate scandals

Message

I will exert my best endeavors to respective cases and strive to offer legal advices at an appropriate timing in a proper manner to all clients.

List of Main Publications

≪Publications≫
“6,000 Lectures on Legal Issues for Financial Institutions” (co-author, Kinzai Institute For Financial Affairs, 2022)
"Q&A: Family affairs cases and banking services" Second edition (co-author, Nihon Kajo Publishing Co., Ltd., 2020)
“Theories and Business Practices of Prescription and Limitation of Period” (co-author, Nihon Kajo Publishing Co., 2018)
“5,000 Lectures on Legal Issues for Financial Institutions” (co-author, Kinzai Institute For Financial Affairs, 2018)
“New Story of Shareholders' Meeting” (co-author, Shoji Houmu, 2017)

≪Articles≫
“Shin Shoji Hanrei Binran” (co-author, series of articles which appear in Shoji Homu)
“Validity of Right of Retention under the Commercial Law for negotiable instruments kept by collecting institution in Civil Rehabilitation procedures” (NBL Vol.969, 2012) (co-author)
“Practical business response learning from the financial ADR cases” (co-author, Ginko Jitsumu, Vol. 42, No. 10)
“Special edition: All about regional financial institutions’ measures to shareholders’ meetings” (co-author, Financial Law Journal, No. 1919, 2011)  

Publications

Lectures, Seminars and Conferences

  • 2015.12

    Tago Shinya, Yoshihara Tomomichi, and Aoki Shinji offered a seminar entitled, "Recent Insurance Claim Cases with Difficulty in Making Judgement about Responsibility ? In View of Judicial Precedents with Regard to Interpretation of an Insurance Contract” at Insurance Forum 2015 (held by Seminar-info Co.,Ltd.) on November 26, 2015.

News

  • 2016.01

    Toji Yoshihiro, Okushi Kenichi, Aoki Shinji, Kudo Ryohei and others represented a defendant financial institution in a case judged on March 5, 2015, at Tokyo High Court, where dismissal of all the claims was admitted, and judged in prior instance on September 9, 2014, at Tokyo District Court (the case decided that neither a breach of principle of suitability or a breach of accountability is recognized even if explanation about the relevant market valuation was not provided to a customer while the customer had no knowledge about market valuation calculated by financial engineering method) and a commentary article on the case appears in Kinyu Houmu Jijo No. 2032.