弁護士等紹介

LAWYERS

OKUSHI Kenichi

OKUSHI Kenichi

Title
Partner

Career Summary

November 1981
Born in Tokyo, Japan
March 2000
Graduated from Waseda High School
March 2004
Received his LL.B. from the Law Faculty of Sophia University
October 2006
Received his Diploma from the Legal Training and Research Institute of the Supreme Court of Japan (59th) and registered as a Japanese attorney
2009 to present
Appointed as an Adjunct Lecturer of Sophia Law School
November 2010
Joined Iwata Godo
2015-2019
Part-time lecturer at Seikei University Law School
2015-
Appointed as a member of Compliance Examination Committee of Regional Banks Association of Japan

Engaged Cases

Mr. Okushi deals with corporate legal affairs in general, among others, concentrates on the following four areas:
1. Real estate
2. Finance
3. Manufacturer (manufacturing) and distributor transactions
4. Economic laws (including Antimonopoly Act, Subcontract Act, and Act against Unjustifiable Premiums and Misleading Representations)

Regarding areas mentioned in 1 through 4 above, he is proficient in negotiation and coordination, ranging from examination of transaction schemes and documentation checks based on the perspective of preventive legal practice to voluntary negotiations, and dispute resolution through legal proceedings.
He has dealt with many complicated scheme examination and documentation check with no or poor precedents. Furthermore, regarding dispute resolution, he has handled not only large-scale litigation, administrative litigation such as tax lawsuits and cases seeking revocation of decisions, and special litigation such as class actions including environmental lawsuits but also administrative cases including the Fair Trade Commission.
Specific achievements regarding 1 through 4 above including the following cases or services:


[Real estate (including real estate finance)]
・Liquidation /securitization and asset finance of real estate, solar power generation facilities and hydroelectric power (renewable energy) generation facilities, etc. (Mr. Okushi has abundant experience and achievement in relation to any position: senior lenders, mezzanine lenders, asset managers, investors.)
・Real estate transactions (Major related laws and regulations are Real Estate Brokerage Act, Act on Specified Joint Real Estate Ventures, Act on Land and Building Leases, Cropland Act, and Act on Establishment of Agricultural Promotion Regions.)
・Real estate development (He has business experience in evacuation, acquisition of land, and opposition movements in the neighborhood. Major related laws and regulations are City Planning Act, Land Readjustment Act, Urban Renewal Act, and other related ordinances.)
・Real estate lawsuits and disputes (asbestos, underground buried objects, soil contamination, new coronavirus-related disputes, liability for structure on land, bankruptcy of tenants, correction of illegal act, restoration work to an original state, early termination, demand for increase or decrease in rent, non-litigation of leased land, and cancellation request for decision of fixed asset evaluation screening, etc.)

[Finance]
・Transactions related to loans, deposits, investment trusts, derivatives, insurance and other financial transactions in general (Major related laws and regulations are Banking Act, Insurance Business Act, Trust Business Act, laws on concurrent operation, and Money Lending Business Act, etc.)
・Liquidation or securitization of assets other than claims and other real estate (Major related laws and regulations are Financial Instruments and Exchange Act, Act on Securitization of Assets, Act on Investment Trusts and Investment Corporations, Financial Instruments Sales Law, Trust Act, and Limited Partnership Act for Investment.)
・Composition/modification/dissolution of syndicated loan
・Securities issue of shares/bonds, etc. by operating companies
・Case of claim for damages resulting from violation of suitability rule/ accountability, etc. in relation to sale of derivative products by financial institutions (financial institution side)
・Case of claim for deposit refund in relation to an unclaimed account resulting from an antisocial account holder (financial institution side)
・Securities lawsuits related to false statements in securities reports, etc.

[Manufacturer (manufacturing) and distributor transactions]
・Preparation and revision of master transaction agreements (including handling of the amendment to law of obligations)
・Legal analysis of commercial distribution and examination of applicable regulatory laws and regulations (including Secondhand Articles Dealer Act, Waste Management and Public Cleansing Act, Fire Service Act, and Act on Securing Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices)
・Response to suppliers in connection with discontinuation of product supply
・Response to contamination and damage of products (including both the ordering and receiving sides)
・Examination and legal advice from the viewpoint of economic laws (Antimonopoly Act, Subcontract Act, and Act against Unjustifiable Premiums and Misleading Representations)

[Economic laws]
・Examination and legal advice on private monopolization, unreasonable restraint of trade or unfair trade practices, etc.
・Examination and legal advice in relation to antimonopoly related laws such as Subcontract Act, or Act against Unjustifiable Premiums and Misleading Representations
・Handling large number of cases reviewed by the Fair Trade Commission
・Experience in response to request for examination and cases seeking revocation of decisions (based on the old Antimonopoly Act)

[Other major services]
・Guidance on shareholders’ general meeting
・Corporate Act and corporate legal affairs in general

Message

I place importance on actively consulting with our clients and sharing a deep understanding of both cases and laws. On that basis, I will consider how to respond to cases, not whether to be able to respond to cases legally, and also consider how to win disputes, with the aim of finding the best way and achieving a better solution.

Professional Memberships

Real Estate Tech Association for Japan

List of Main Publications

≪Japanese≫
“6,000 Lectures on Legal Issues for Financial Institutions” (co-author, Kinzai Institute For Financial Affairs, Inc., 2022)
“Theories and Business Practices of Prescription and Limitation of Period” (co-author and co-editor, Nihon Kajo Publishing, 2018)
“5,000 Lectures on Legal Issues for Financial Institutions” (co-author, Kinzai Institute For Financial Affairs, Inc., 2018)
“New Story of Shareholders' Meeting” (co-author, Shoji Houmu, 2017)
“Legal Practices for Executives of Financial Institutions – Their Accountabilities and Responsibilities under Japan’s Corporate Governance Code” (co-author, Kinzai Institute For Financial Affairs, Inc., 2016)
“Commercial Judicial Precedent which Adds Color to the Period” (co-author, Shoji Houmu, 2015)
“Q&A Concerning Internet Banking” (edited, Kinzai, February 2014)
“Basic Course on Financial Instruments and Exchange Act (Regional Banks Association of Japan, November 2009) (co-author)
“Q&A Concerning Revision of the Companies Act and Practical Business” (co-author, Kinyu Houmu Jijo, Sept. 25, 2014)
“Practical Business Response Learnings from the Financial ADR Cases” (Ginko Jitsumu Vol. 42 No.10) (co-author)
“Considerations in the Countermeasures after the Recognition of Illegal Usage of Bank Account - Modeled after Judicial Decision Made on July 23, 2010” (Kinyu Houmu Jijo Vol.1937) (co-author)
“Special Edition: All About Measures for Regional Banks’ Shareholders’ Meetings” (Kinyu Houmu Jijo, No. 1919, 2011) (co-author)

Publications

Lectures, Seminars and Conferences

  • 2021.09

    Okushi Kenichi conducted a special seminar titled "Legal Issues and Practices in Litigations on Flood Damage" at the JPI Conference Square.

    Speaker: OKUSHI Kenichi 

  • 2020.11

    Okushi Kenichi and Ito Nanako delivered a lecture titled "Basic Knowledge of Trust and Business Practices for Purchasing and Selling Trust Beneficiary Rights - from Registration Procedures to Compliance with Relevant Laws and Regulations" at a seminar room of Kabushiki Kaisha Kinyu Zaimu Kenkyukai at Green Hill Building (located at 1-10-8, Nihonbashi-Kayabacho, Chuo-ku, Tokyo).

    Speaker: OKUSHI Kenichi  ITO Nanako 

  • 2020.06

    Okushi Kenichi and Kashiwagi Kensuke delivered a lecture entitled "Impact of New Coronavirus Infection on Legal Affairs of Real Estate Transactions " at Financial Management Forums, Inc. 

  • 2020.05

    Okushi Kenichi and Kashiwagi Kensuke, delivered a lecture entitled "No. 4270 Impact of the Expansion of New Coronavirus Infection on Real Estate Transactions: What is the Real Issue Today" at Kinyu facsimile Shimbunsha.

  • 2019.12

    Okushi Kenichi delivered a lecture titled "Amended Law of Obligations and Important Points of Building Master Lease Contracts and Dispute Resolution in Real Property Finance" at a seminar room of Financial Management Forums, Inc.

    Speaker: OKUSHI Kenichi 

  • 2019.08

    Okushi Kenichi and Yamada Kohei delivered a lecture titled "Impact of Revision of the Civil Code on Manufacturers' Deals and Practical Measures to be Taken: Key Points in Revising Contract Clauses and Preparing Documents which Complies with New Rules" at a seminar room of Financial Management Forums, Inc.

    Speaker: OKUSHI Kenichi  YAMADA Kohei 

  • 2019.08

    Okushi Kenichi delivered a lecture titled "Legal Practice for Specific Amendment on Provisions of 'Sale and Purchase Agreement for Real Estate' and ‘Sale and Purchase Agreement for Beneficiary Interest in Real Estate Trust’ Considering Enforcement of Amended Civil Code as of April 1, 2020” at the JPI Conference Square.

    Speaker: OKUSHI Kenichi 

  • 2019.06

    Okushi Kenichi delivered a lecture titled "Key Points of Contracts and Dispute Resolution regarding Building Master Lease with Focus on Effects of Amended Law of Obligations" at a seminar room on the second floor of the Koami-cho Yasuda Building.

    Speaker: OKUSHI Kenichi 

  • 2019.04

    Okushi Kenichi delivered a lecture titled "Amended Law of Obligations and Important Points of Building Master Lease Contracts and Dispute Resolution in Real Property Finance" at a seminar room of Financial Management Forums, Inc.

    Speaker: OKUSHI Kenichi 

  • 2019.01

    Okushi Kenichi delivered a lecture titled "Crowd Funding using Scheme of the Act on Specified Joint Real Estate Ventures - Scheme Overview and Public Comment Draft" in the 1st Workshop of Real Estate Financing Working Group hosted by Real Estate Tech Association for Japan.

    Speaker: OKUSHI Kenichi 

  • 2019.01

    Okushi Kenichi delivered a lecture titled "Amended Law of Obligations and Contract Clauses for Sale/Purchase of Real Properties and Beneficial Interests in Real Property Trust - Detailed Explanation on Significance and Background of the Clauses in Light of the Amended Law of Obligations” at a seminar room of Financial Management Forums, Inc.

    Speaker: OKUSHI Kenichi 

  • 2018.11

    Okushi Kenichi and Yamada Kohei delivered a lecture titled "How the Amendment of the Civil Code will Impact on Transactions with Manufacturers and the Relevant Legal Practices - Key Points in Revising Contract Provisions and Preparing Documents in accordance with the New Rules” at a seminar room of Financial Management Forums, Inc.

    Speaker: OKUSHI Kenichi  YAMADA Kohei 

  • 2018.10

    Okushi Kenichi delivered a lecture titled "Amended Law of Obligations and Important Points of Building Master Lease Contracts and Dispute Resolution in Real Property Finance - from Contract Execution with Tenants to Their Bankruptcy" at a seminar room of Financial Management Forums, Inc.

    Speaker: OKUSHI Kenichi 

  • 2017.03

    Okushi Kenichi and Yamada Kohei delivered a lecture entitled "How the Amendment of the Civil Code will Impact on Transactions with Manufacturers and the Relevant Legal Practices" at a seminar room of Financial Management Forums, Inc.

    Speaker: OKUSHI Kenichi  YAMADA Kohei 

  • 2017.02

    Okushi Kenichi delivered a lecture entitled "Practical Issues and Challenges in Financial Transactions and Real Property Transactions in Light of Partial Revision of the Civil Code" at a seminar room of Financial Management Forums, Inc.

    Speaker: OKUSHI Kenichi 

  • 2016.04

    Okushi Kenichi and Kashiwagi Kensuke will deliver a lecture entitled "Case Studies and Appropriate Measures to Deal with Real Property Transactions and Real Property Finance - In Light of Revision to Civil Code and Other Applicable Laws" at a seminar room of the headquarters of Financial Management Forums, Inc. on May 25, 2016.

  • 2015.09

    Toji Yoshihiro, Izumi Atsushi, Okushi Kenichi and Sato Shuji, along with Professor Yukimi Ozeki and Visiting Professor Masahiro Murakami of Seikei University, delivered a series of omnibus lectures on the theme of “Corporate Legal Affairs” (15 rounds in total) at Seikei University Law School.

  • 2014.05

    Lectures entitled "Net branches/a new type of settlement/tablets - trends and important points in legal works -" by Suzuki Masato, Masamoto Yuya and Okushi Kenichi together with Daisuke Tsutsumi of NTT Data Institute of Management Consulting, Inc. and ”Forefront of eliminating antisocial forces among financial institutions - in light of examples -” by Takeshi Motomura and Masato Suzuki will be delivered, respectively, in Finance Forum 2014 (Hosted by Seminar Info Co., Ltd. at Bellesalle Kanda) on Friday, May 23, 2014.Please visit the following website http://www.finance-forum.jp/index.html for details. We regret to inform you, however the numbers of applications have already outstripped the capacity of the venue and therefore registrations for both lectures are now closed. Thank you all for your interest in these lectures.

News

  • 2019.04

    Okushi Kenichi is appointed as a Secretary of Real Estate Tech Association for Japan.

  • 2016.04

    Motomura Takeshi, Okushi Kenichi, Eiguchi Manabu and others represented a financial institution in a case at the Tottori District Court and a commentary article on its judicial decision made on March 11, 2016 (claim for damages brought by a depositor against a bar association and a financial institution resulting from disclosure of the depositor’s bank account information by the financial institution to the bar association following an inquiry made by the bar association to the financial institution in accordance with Article 23-2 of the Attorney Act) appears in Kinyu Houmu Jijo No. 2040.

  • 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.

  • 2015.01

    Okushi Kenichi was appointed as a partner of our office.

  • 2015.01

    Yoshihara Tomomichi, Okushi Kenichi represented board members in a case at the Tokyo District Court and its commentary article on the judicial decision made on February 22 2013 (with respect to claim for damages under Financial Instruments and Exchange Act against board members of an issuing company that made a misstatement in securities report, the decision granted exemption from obligation for a part of board members as they exerted “due care” in Article 21, Paragraph 2, Item 1 of the said Act) appeared in Kinyu Homu Jijo Vol. 1976.

  • 2015.01

    Yoshihara Tomomichi, Okushi Kenichi represented the officer of the defendant in a case at the Tokyo High Court and its commentary article on the judicial decision for dismissal of claim made by the Tokyo District Court on February 22, 2013 (Case where the officer of a company which submitted securities registration statement containing fake statement was considered that he had paid “reasonable care” described in Article 21.2.1 of Financial Instruments and Exchange Act) appeared in Hanrei Times Vol. 1406.