弁護士等紹介

LAWYERS

TOJI Yoshihiro

TOJI Yoshihiro

Title
Partner
Languages
Japanese (native)/English/French
Telephone Number
+81-3-3214-6436
E-mail address
ytfs@iwatagodo.com

Career Summary

August 1959
Born in Kobe City, Hyogo Prefecture, Japan
March 1978
Graduated from Kitano Senior High School in Osaka
March 1982
Received his LL.B. from the University of Tokyo
1982-1987
Worked for Kobe Steel, Ltd. (mostly engaged in plant export sales)
March 1991
Received his Diploma from the Legal Training and Research Institute of the Supreme Court of Japan (43rd)
April 1991
Registered as a Japanese attorney and joined Iwata Godo
July 1997
Completed DSU at the University of Paris
1997-1998
Seconded to Richards Butler in Paris and London
November 1999 to present
Member of Joyo Bank Compliance & Audit Committee
June 2004 to June 2016
Corporate Auditor for Tobishima Corporation
October 2006
Appointed as a member of "the Contractual Practices Improvement Panel" established by the Ministry of the Environment (MOE)
2007 to present
Member of "the Supervisory Committee on Promoting Proper Contracts for Goods and Services" established by MOE
2011 to present
Corporate Auditor for Tanaka Holdings
2012 to present
Examinant Member of the Society for Testing Financial Knowledge
2015-2017
Outside Company Auditor for Otsuka Kagu, Ltd.
April 2015 to present
Became a part-time lecturer at Seikei University Law School
October 2016 to present
Appointed to a visiting professorship of Institute of Business Law and Comparative Law & Politics (IBC), Graduate Schools for Law and Politics, the University of Tokyo.
2018 to present
Outside Director of AP COMPANY CO., LTD.

Engaged Cases

(For financial institutions)
1991 - 1996 Lawsuit for compensatory damages against banks for their illegal acts (by representing the defendant bank)
1999 - 2005 Advices to banks on their merger, demerger and other organizational restructuring
1999 - 2011 Requests for document submission order against a banks for their Ringisho (request for approval) (by representing the defendant bank)
2000 to present Advices on asset liquidation and project finance
2001 to present Advices to financial institutions on their inter-group information management subject to the Personal Information Protection Law
2008 to present ADR cases/ lawsuits for compensatory damages against banks' failure to explain and conduct KYC (know your customer) check (by representing the defendant bank)
(For manufacturers)
1991 - 2000 Product liability lawsuits against electric appliance makers (by representing the defendant manufacturer)
1991 - 2000 Action for the injunction against patent infringement and the revocation of a trial decision against a metal material manufacturer (by representing the patent owner)
2003 - 2005 Action for the injunction against manufacturing based on a violation of the Unfair Competition Prevention Act (by representing a plaintiff manufacturer)
2006 to present Advices for various manufacturers on their M&A for business integration, due diligence, etc.
(Others)
1991 to 2003 Lawsuit against electric power companies involving environmental issues (by representing electric power companies)

List of Main Publications

≪Japanese≫
-“New Story of Shareholders' Meeting” (co-author, Shoji Houmu, 2017)
-"Business Law Outlook for 2017 – Focusing on Finance-related Laws and Regulations" (Kinyu Houmu Jijo No. 2057)
-“Information Leakage and Directors’ Responsibility for Establishment of Internal Control System” (co-author, Shoji Homu No. 2117)
-“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)
-“Tax Issues Related to Financial Institutions –Learning from Case Examples” (Kinyu Houmu Jijo No.2008, 2014)
-“Manual for the legal staffs when facing a civil action (second edition)” (co-author, Shoji Homu, 2014)
-“A story of shareholders’ meeting” (co-author, Shoji Houmu, November 2012)
-“Sales Agreement: Focus points in reviewing contracts and avoiding pitfalls in using a passable documentary form” (Business Law Journal, No. 49, 2012)
- “The Civil Law for the legal staffs who want to refresh their memory” (Shoji Homu, 2009)
- “Vienna Sales Agreement” (Nikkei Business, No. 1507, September 14, 2009 )
- “The easy–to-understand Electronically Recorded Monetary Claims Act” (co-author, Shoji Homu, 2007)
- “Key points of the New Companies Act and its impacts on banks’ operations” (co-author, Regional Banks Association of Japan, 2006)
- “Legal examination regarding the revision of Accounting Standard for Lease Transactions” (co-author, Weekly Shoji Homu, No.1755, 2006)
- “Osaka high court decision on December 18, 2002 on obligation to disclose” (Hanrei Times, No.1178, 2005)
- “Summary of BOT project in China and attorney’s legal services thereof” (co-author, Kokusai Shoji Homu, Vol. 30 No.7, 2002)
- “Volume 3 of ‘What you need to prepare for shareholders’ meetings’: Judicial precedents and historical precedents” (Shoji Homu Study Panel, 1994)
- “Manual for joint venture business” (supervisor, Joint Venture Study Panel)
- “Practical handbook for the Unfair Competition Prevention Act” (supervisor, Fair Trade Committee of Japan Intellectual Property Association)
- “Lectures on compliance” (five volumes in video, Ginko Kenshu)
- “Lectures on Business Tax Laws” (Shoji Homu) and more.

Publications

Lectures, Seminars and Conferences

  • 2018.05

    Toji Yoshihiro, Sakamoto Tomoko and Ito Hiroki held a panel discussion entitled "Issues of Annual Meeting of Shareholders in 2018 and Countermeasures thereof" at the Second Association of Regional Banks.

  • 2018.01

    Toji Yoshihiro delivered a lecture entitled "Learning the Civil Code from Contractual Practice - Cultivating Structural Thinking Process of the Civil Code Considering its Revision -" at a conference room on the 3rd floor of Shoji Houmu.

    Speaker: TOJI Yoshihiro 

  • 2017.11
  • 2017.11

    Toji Yoshihiro delivered a lecture entitled "Lecture in Accounting Law in Practice for Persons in Charge of General Affairs" at a conference room on the 3rd floor of ShojiHomu Co., Ltd.

    Speaker: TOJI Yoshihiro 

  • 2017.09

    Toji Yoshihiro delivered a lecture entitled "Learning the Civil Code from Contractual Practice - Training Structural Thinking Process of the Civil Code Considering Revision of Law of Obligations -" at a conference room on the 3rd floor of Shoji Houmu.

    Speaker: TOJI Yoshihiro 

  • 2017.08

    Toji Yoshihiro delivered a lecture entitled "Learning the Civil Code from Contractual Practice - Training Structural Thinking Process of the Civil Code Considering Revision of Law of Obligations -" at a conference room on the 13th floor of Oe Building in Osaka.

    Speaker: TOJI Yoshihiro 

  • 2017.05

    Toji Yoshihiro, Matsuda Akira and Sato Takaki delivered a lecture entitled "Management of Personal Information under the Revised Law - Business Practices Concerning Regulations on Cross-Border Transfer of Personal Information" at Finance Forum 2017 (hosted by Seminar Info Co., Ltd.).

    Speaker: TOJI Yoshihiro  MATSUDA Akira 

  • 2016.10

    Toji Yoshihiro will deliver a lecture entitled "Lecture in Accounting Law in Practice for Persons in Charge of General Affairs: Specific Cases where General and Legal Affairs and Accounting/Finance Merge” on November 30, 2016 at a conference room on the 3rd floor of ShojiHomu Co., Ltd.

    Speaker: TOJI Yoshihiro 

  • 2016.02

    Toji Yoshihiro will deliver a lecture entitled "Learning the Civil Code from Contractual Practice -- Training Structural Thinking Process of the Civil Code Considering Movement Toward the Revision of Law of Obligations --" on August 21, 2015 in Osaka, and on August 25, 2015 at Shoji Homu Co., Ltd.

    Speaker: TOJI Yoshihiro 

  • 2015.09

    Toji Yoshihiro will deliver a lecture entitled "Lecture in Accounting Law in Practice for Persons in Charge of General Affairs: Specific Cases where General and Legal Affairs and Accounting/Finance Merge" on November 30, 2015 at a conference room on the 3rd floor of ShojiHomu Co., Ltd.

    Speaker: TOJI Yoshihiro 

  • 2015.09

    Toji Yoshihiro, Murakami Masaya, 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.

  • 2015.02

    Toji Yoshihiro will deliver a lecture entitled "Learn Civil Law from Contractual Practice 〜 Training Structural Thinking Process of Civil Law While Keeping an Eye on the Moves of Revision of Laws of Regulations" at a conference room on the 3rd floor of Shoji Houmu.

    Speaker: TOJI Yoshihiro 

  • 2014.10

    Toji Yoshihiro delivered a lecture entitled "Lecture in Accounting Law in Practice: Specific Cases where General and Legal Affairs and Accounting/ Finance Merge" at a conference room on the third floor of Shoji Homu Co., Ltd. office, on October 14, 2014.

    Speaker: TOJI Yoshihiro 

  • 2012.12

    Toji Yoshihiro, Ueda Atsushi and Sakamoto Tomoko participated as a panelist, and Motomura Takeshi served as a moderator, in the symposium entitled “Recent rules on sales and solicitation of products with risks in regional banks and its countermeasures in the future.”

  • 2012.07

    Toji Yoshihiro conducted a lecture entitled “Various contracts pertaining to business activities (Details of contracts)” in the “Foundation of business law” (comprehensive-training seminar for legal assistants) sponsored by Shoji Houmu.

    Speaker: TOJI Yoshihiro 

News

  • 2016.10

    Toji Yoshihiro was appointed to a visiting professorship of the University of Tokyo.

  • 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.

  • 2015.12

    Toji Yoshihiro has been ranked eighth in the area of the corporate legal affairs in the ranking of the best performing lawyers in 2015 (lawyers' ranking selected by companies) derived from the 11th "Corporate Legal Affairs and Lawyer Survey" conducted by Nikkei Inc.

  • 2014.12

    Article introducing 'A Manual for People in Charge of Legal Work on How to Respond to Civil Suits- Revised Edition' (written and edited by Toji Yoshihiro) appears in "Book Guide for Legal Work 2015" Business Law Journal No. 83.

  • 2012.05

    Toji Yoshihiro was delegated as a member of the Committee of Monitoring on Promoting Proper Contracting of the Ministry of the Environment.(He has been delegated since 2007.)

  • 2012.01

    The publication authored by Toji Yoshihiro, "Re-learning of civil law (contract) for personnel in Legal Affairs Section" receives high evaluation in BUSINESS LAW JOURNAL Vol.47.