弁護士等紹介

LAWYERS

TOKUMARU Daisuke

TOKUMARU Daisuke

Title
Partner
Telephone Number
+81-3-3214-6242
E-mail address
dtokumaru@iwatagodo.com

Career Summary

1981
Born in Hyogo Prefecture, Japan
March 2000
Graduated from Makuhari Senior High School of Shibuya Kyoiku Gakuen Educational Corporation
March 2005
Received his LL.B. from Kyoto University
March 2007
Received his J.D. from Kyoto University Law School
December 2008
Received his Diploma from the Legal Training and Research Institute of the Supreme Court of Japan(New 61st)
December 2008
Registered as a Japanese attorney and joined Iwata Godo
April 2014-
Seconded to Civil Litigation Division, Minister's
March 2016
Secretariat Litigation Bureau, Ministry of Justice as a fixed-term public official (Litigation prosecutor)
March 2016
Secretariat Litigation Bureau, Ministry of Justice as a fixed-term public official (Litigation prosecutor)
April 2016
Resumed his duties at Iwata Godo

Engaged Cases

Mr. Tokumaru provides support to corporations with central focus on: representation of clients in litigation and dispute resolution; representation of clients in settlement negotiations; drafting of response policy; and, provision of legal advice.
In addition, based on his experiences in secondment to regional banks and manufacturers, he provides corporations with legal advice with respect to corporate legal affairs in general such as contracted legal affairs, banking and financial legal affairs, personnel and labor relations, M&A, and risk management.
Furthermore, based on his experience of working as a litigation prosecutor (a prosecutor in charge of civil litigation, etc. involving the Country as a party) in the Litigation Bureau of the Ministry of Justice, he also provides local governments with legal advice, etc. on administrative legal affairs.
Major cases he has been engaged in are as follows.

1.Litigations and dispute resolutions
・Arbitrations and litigations concerning sales of financial products (investment trusts, structured bonds, structured deposits, derivatives, insurance)(Financial institutions side)
・Settlement negotiations, litigations, and civil preservation concerning bank transactions (deposits, loans, exchange, other auxiliary businesses) (Financial institutions side)
・Settlement negotiations, arbitrations, and litigations concerning transactions / disputes between corporations
・Massive class action litigations (Corporation / administrative agencies side)
・Company lawsuits and provisional dispositions such as: revocation of a resolution of shareholders meeting; declaration of nullity; and, declaration of non-existence.
・Litigations for debt collection: civil preservation; and, civil execution (including general debt-collection cases, in addition to dealing with difficult collection cases by means of the rescission of fraudulent act or the denial of legal personality, etc.)
・Settlement negotiations, labor tribunals, and litigations, concerning labor cases such as claims for damages on the grounds of dismissal/termination, worker's accident/ harassment, etc. (Corporations side)
・Settlement negotiations, arbitrations, and litigations concerning real estate-related incidents such as real estate eviction, rent reduction claims, and disputes with neighboring residents during land development (Corporations side)
・Administrative litigations, damage suit filed against the Country, and civil litigations involving the Country and local governments as its parties (Administrative agencies side)
・Medical malpractice litigations (Medical institutions side)
・Financial ADR (Financial institutions side)

2.Contracted legal affairs
・Preparation of contracts concerning various transactions; drafting of response policy upon occurrence of negotiations or disputes; and, provision of legal advice.

3.Banking and financial legal affairs
・Preparation of various contracts, etc., drafting of response policy, and provision of legal advice, with regard to banking transactions (deposits, loans, exchange, other auxiliary businesses)
・Provision of legal advice with regard to industry laws such as the Banking Act, the Financial Instruments and Exchange Act, and the Insurance Business Act
・Drafting of response policy as well as provision of legal advice with regard to the claim management and collection
・Drafting of response policy as creditor financial institutions at the time of bankruptcy or business reconstruction of its transaction counterparties, as well as provision of legal advice on the fore-mentioned
・Serving as a lecturer of internal trainings (Claim management and collection, Industry laws, Compliance)

4.Personnel and labor management (Corporations side)
・Preparation of rules of employment and other related regulations as well as contracts of employment.
・Drafting of response policy with regard to withdrawals of job offers, personnel changes, disciplinary punishment, termination of employment, restructuring termination, encouragement of retirement, etc., and provision of advice on the fore-mentioned.
・Drafting of investigation/response policy, consideration of disciplinary punishment, and provision of legal advice, in harassment cases
・Drafting of investigation/response policy, representation of clients in negotiations, and provision of legal advice, concerning the treatment of problematic employees
・Drafting of investigation/response policy, representation of clients in negotiations, and provision of legal advice, concerning workers’ accident cases
・Drafting of response policy and provision of legal advice, for group negotiations
・Serving as a lecturer of internal trainings

5.M&A
・Dealing with legal audit, preparation of contracts, representation of clients in negotiations, drafting of response policy, and, provision of legal advice, at the time of stock transfer, business transfer and company split

6.Risk management
・Dealing with JFTC's on-site inspection for unreasonable restraint of trade (cartel, etc.), and with subsequent administrative investigations; drafting of response policy; representation of clients in the proceedings related to application for reduction or waiver of surcharge (leniency); and, provision of legal advice.
・Assistance for internal investigation of corporate scandals (improper accounting processes), and provision of legal advice on the fore-mentioned

7.Other corporate legal affairs
・Preparation of internal regulations as well as provision of legal advice on the fore-mentioned
・Provision of legal advice with regard to restructuring of a corporate group
・For general meeting of shareholders: preparation of various documents; drafting of response policy; providing assistance for rehearsal and the secretariat on the day of the meeting; dealing with shareholder proposal or proxy fight; and, provision of legal advice.
・Providing assistance with regard to the operation of in-house compliance hotline as well as providing legal advice on the fore-mentioned

8.Administrative legal affairs (local government side)
・Provision of legal advice at the receipt of an administrative guidance and when an administrative disposition is conducted
・Assisting preparation of documents for an administrative appeal procedures as well as provision of legal advice on the fore-mentioned
・Drafting of response policy and provision of legal advice, upon occurrence of misconduct or dispute

Professional Memberships

Daiichi Tokyo Bar Association, Comprehensive Legal Research Institute, Administrative Law Workshop

List of Main 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)
・Q&A on Amendment to Law of Obligations – Fully Adapt to the Changes in Financial Business Practice (co-author, Banking Education Co. Ltd., 2018)
・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)
・A case deciding there was no illegality under the State Redress Act in the police activity aiming to prevent international terrorism, making databases of personal data obtained by collecting information about relevant person’s access to religious spaces and attendance to religious rituals, etc., and then storing and utilizing them (introduction of a case) (Minji Kenshu, No.700, 2015)
・Q&A: Family Affairs Cases and Banking Practices (co-author, Nihon Kajo Publishing Co., Ltd., 2013)
・Special Feature: How to Deal with Debtor’s Death and Subsequent Inheritance” (co-author, Ginko Jitsumu, Vol.42 No.8, 2012)

Publications

Lectures, Seminars and Conferences

  • 2022.02

    Matsuda Akira, Tokumaru Daisuke, Fukasawa Atsushi, and Tomita Yusuke conducted a seminar "Changes in Bank Procedures and Documentation In Response To Legislative Amendments" at the Regional Banks Association of Japan.

  • 2012.12

    Tokumaru Daisuke, Aoki Shinji, and Mutou Yuuki conducted a lecture entitled "Response to the Financial ADR System: Focus on a mediation committee" at the Regional Banks Association of Japan.

    Speaker: TOKUMARU Daisuke  MUTOU Yuuki 

News

  • 2016.04

    Tokumaru Daisuke resumed his work at Iwata Godo upon completion of his service at the Litigation Bureau of the Ministry of Justice.

  • 2014.04

    Tokumaru Daisuke has been seconded to Civil Litigation Division, Ministry of Justice, Ministry of Justice as a fix-term public official as of April 1.