弁護士等紹介

LAWYERS

TAGO Shinya

TAGO Shinya

Title
Partner
Languages
Japanese (native)/English
E-mail address
stago@iwatagodo.com

Career Summary

1966
Born in Tokyo, Japan
March 1984
Graduated from Shiba Senior High School
March 1990
Received his LL.B. degree from Hitotsubashi University
April 1993
Received his Diploma from the Legal Training and Research Institute, the Supreme Court (45th) and registered as Japanese attorney
April 1993
Joined Iwata Godo
May 2001
Received his LL.M. degree from Cornell University Law School
2001-2002
Seconded to Coudert Brothers LLP in New York
2002
Admitted to the New York State Bar Association
2007-2019
Appointed as Outside Auditor at Nikko Asset Management Co., Ltd.
December 2007
Appointed as External member of Compliance Committee at Tokyo Tatemono Investment Advisors Co., Ltd.
2010-2013
Appointed as Practicing-Attorney-Professor for civil advocacy at the Legal Training and Research Institute, the Supreme Court of Japan
2014-2016
Appointed as Examiner for the Bar Examination administered by the Ministry of Justice of Japan (in charge of Civil Code)
June 2015
Appointed as Outside Auditor at Dixie Japan Ltd.
2015-2016
Appointed as Examiner of the Preliminary Bar Examination administered by the Ministry of Justice of Japan (in charge of Civil Code)
April 2019
Appointed as Professor at Hitotsubashi University Law School
June 2019
Appointed as Director who is an Audit and Supervisory Committee Member at Nikko Asset Management Co., Ltd.

Engaged Cases

1. Lawsuits and disputes
(Domestic cases)
He gives support to companies in many general civil and commercial disputes, cross-border disputes/foreign lawsuits, and alternative dispute resolution (arbitration, mediation and other ADR proceedings). Examples are illustrated below:
・Product liability lawsuits (manufacturer’s side)
・Lawsuits for damages related to investment products (financial institution’s side)
・Lawsuits for seeking redemption of bonds, etc. brought by the U.S. Fund, a limited liability company incorporated under the laws of Cayman against the Republic of Nauru whose guarantor was the Cayman corporation which acquired yen bonds issued by the financial corporation of the Republic of Nauru (New York Fund’s side).
・Lawsuits seeking injunction for infringement of patent rights of canned wine brought by Australian wine maker against Japanese can manufacturing company (Japanese company’s side)
・Lawsuits for damages brought by a local government against a design company regarding the falling of roofs of a concert hall due to the Great East Japan Earthquake (on the part of the design company as defendant)
・Lawsuits seeking injunction of construction and operation of nuclear power plants (on the part of the electric power company as defendant)
・Lawsuits for damages brought by a local government for the bid rigging of waste incinerators (on the manufacturer’s side as defendant)
・Citizens’ lawsuits on bid rigging of sewerage facilities (on the manufacturer’s side as defendant)
・Lawsuits seeking provisional disposition to prohibit carrying-in of video cameras, etc. at the shareholders’ meetings (company’s side)
・Case for claiming illegal insurance money against insurance companies (insurance companies’ side)
・Advice and representation on various disputes such as non-contentious commercial cases including determination of stock purchase price

(Foreign cases)
・Lawsuits for liquidation of the Australian joint corporation (at the Court of Victoria, Australia, on the part of the Japanese manufacturer)
・International arbitration at JCAA over product-related disputes with Korean companies (on the part of the Japanese manufacturers as claimant)
・Disputes over the payment of machine tools (at CIETAC in Beijing, Japanese manufacturer’s side)
・PL lawsuits for damages caused by defects in containers (at the court of the state of California, Japanese manufacturer’s side)
・Enforcement in Japan based on foreign judgments and arbitral awards

2.Practice under the Companies Act and general corporate legal affairs
・Advice on corporate legal affairs in general
・Advice on compliance (including but not limited to compliance with laws and regulations)
・Advice on management of shareholders’ meetings (examination of agenda and anticipated problems, response to shareholders’ proposals, rehearsal, and support for the secretariat of the general meeting of shareholders)
・Advice and written opinions on the legality of management decisions of directors
・Advice on competition law-related matters (cartel/collusion, leniency, antitrust lawsuits)

3.Advice on commercial transactions
・Domestic and cross-border transactions (M&A, JV agreements, license agreements and distribution agreements, etc.)
・Corporate reorganization (business transfer, company split, etc.)
・Takeover defenses
・Real estate deals
・Business acts regarding financial institutions, real estate investment advisory companies, and various operating companies (Banking Act, Financial Instruments and Exchange Act, and Guidelines for Supervision)
・Business acts regarding pharmaceutical companies and medical devices companies (Act on Securing Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices, various policies and guidelines)

4.Other Activities
・Member of the Stewardship and Voting Policy Supervision Committee of the Asset Management Company
・Member of the Compliance Committee (external member) of the Real Estate Investment Advisory Company
・Lecturer at the Daiichi Tokyo Bar Association’s ethics workshop for members

List of Main Publications

≪English≫
・"Litigation & Dispute Resolution 2020 (Japan Chapter)" (co-author, Global Legal Insights, 2020)
・"Cartel leniency in Japan: overview(Practical Law)" (co-author, Thomson Reuters , 2020)
・"Getting the Deal Through - Enforcement of Foreign Judgments 2016 ? Japan" (co-author, Law Business Research, 2015)
・"Distribution country questions" (Practical Law) (co-author, Thomson Reuters, 2015,2016)
・"Product liability country questions" (Practical Law) (co-author, Thomson Reuters, 2015,2016)
・"Product regulation, safety and recall country questions" (Practical Law) (co-author, Thomson Reuters, 2015,2016)
・“Distribution & Marketing of Drugs: Jurisdictional Comparisons 2nd Edition”(The European Lawyer Reference Series)(co-author, Thomson Reuters 2015)
・"The International Comparative Legal Guide to Litigation & Dispute Resolution 2014 Edition "(co-author, International Comparative Legal Guides, 2014)
・"Getting the Deal Through- Insolvency & Restructuring 2002" (co-author, Law Business Research 2002)
≪Japanese≫
・“Lecture: Practice of Civil Litigation” (Kinzai, 2020)
・"Q&A: Family affairs cases and banking services" Second edition (supervisor, Nihon Kajo Publishing Co., Ltd. 2020)
・“Theories and Business Practices of Prescription and Limitation of Period” (co-author and co-editor, Nihon Kajo Publishing, 2018)
・“Proper and Smooth Operation of General Shareholders Meetings" (Shoji Homu No. 2128, 2017)
・“New Story of Shareholders' Meeting” (co-author, Shoji Houmu, 2017)
・“A Lawsuit against a Foreign Nation” (Jurist No.1491, 2016)
・"Commercial Judicial Precedent which Adds Color to the Period" (co-author, Shoji Houmu, 2015)
・"Q&A: Handbook for Outside Directors/ Outside Company Auditors"(co-author, Nihon Kajo Publishing Co., Ltd., 2015)
・"Manual for legal staff when facing a civil action (second edition)"(co-author, Shoji Homu, 2014)
・"Q&A: Family affairs cases and banking services"(supervisor, Nihon Kajo Publisher 2013)
・"Getting the Deal Through - Enforcement of Foreign Judgments 2015 - Japan" (co-author, Law Business Research, 2014,2015)
・"A story of shareholders’ meeting”"(co-author, Shoji Houmu, November 2012)
・"Financial transaction ‘Analysis on precedents’ (17) -Financial instruments, etc. (Responsibility of Banks) ?"(Hanrei Times, Extra Edition, No. 1178, 2005)
・"Battle over proxy in the U.S.A and Japan"(co-author, M&A Review, March 2002, Vol. 16, No.2)
・"Defensive measures for hostile takeover" (co-author, M&A Review, November 2001, Vol. 15, No.6)
・"Shoji Homu, Recent Commercial Judicial Precedent Bulletins" (in serial, co-author)

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.