弁護士等紹介

LAWYERS

UEDA Atsushi

UEDA Atsushi

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

Career Summary

April 1972
Born in Tokyo, Japan
March 1991
Graduated from Komaba Toho High School
March 1996
Received his LL.B. from Keio University
March 1998
Received his Diploma from the Legal Training and Research Institute of the Supreme Court of Japan (50th)
April 1998
Registered as a Japanese attorney and joined Iwata Godo
May 2005
Received his LL.M. from Northwestern University Pritzker School of Law
2005-2006
Seconded to Hughes Hubbard & Reed LLP, New York
2007
Admitted to the New York State Bar Association
2010-2013
Appointed as a member of the Committee for preparing the compliance examination by the Regional Banks Association of Japan
2012-2016
Appointed as a Civil Conciliator ("part-time judge") at the Tokyo District Court by the Supreme Court of Japan
2014
Appointed as a lecturer of training sessions in ethics for members of the Dai-ichi Tokyo Bar Association
2017-2021
Appointed as an Auditor at Shinsei Pulp & Paper Company Limited
April 2018-
Appointed as a Civil Conciliation Commissioner of Tokyo Summary Court by the Supreme Court of Japan
June 2018-
Appointed as a member of the Discipline Maintenance Committee of Dai-ichi Tokyo Bar Association
2020-2021
Delegate of Japan Federation of Bar Associations
Delegate of Dai-ichi Tokyo Bar Association
June 2021-
Appointed as an Outside Director of Shinsei Pulp & Paper Company Limited

Engaged Cases

Mr. Ueda handles corporate legal affairs in general and has extensive experience, particularly in the following fields:
〇 Settlement of dispute between (Japanese/foreign) companies, (through advice and negotiation, litigation, execution of provisional
  remedy, and mediation and acting as an ADR agent). In particular, he has strengths in large-scale consumer class action, tort and
  product liability cases, real estate-related cases, and architectural design and IT system-related cases;
〇 Financial law (compliance with regulations such as the Banking Act and the Financial Instruments and Exchange Act; judicial and
  extra-judicial dispute settlement related to financial instruments such as investment trusts, insurance, and derivatives; collection of
  claims, including execution of provisional remedy; bankruptcy-related procedure; and practical consultation on, offering of a written
  opinion on, and settlement of disputes over, matters related to finance, credit, and deposits/guarantees/security);
〇 Companies Act (advice on corporate governance, internal control and institutional design, guidance on shareholders’ meetings, and
  handling of non-contentious commercial cases);
〇 M&A and organizational restructuring (ranging from advice on scheme selection to compliance with legal due diligence and to
  preparation of contracts, as well as support for liquidation procedures);
〇 Crisis management and response to scandals (establishment of a contact point for external reporting, response to such reports,
  and formation and operation of various committees and advice thereon);
〇 Labor law (advice and lectures on compliance with personnel labor-related regulations; negotiations, provisional remedy, and
  litigation procedures (in relation to status confirmation and worker-related accidents);
〇 Competition law (the Antimonopoly Law and the Subcontracting Law), intellectual property laws (patent, trademark, copyright, and
  trade secret), and the tax law (in Japan and overseas) (ranging from dispute prevention to response to disputes); and
〇 Preparation of commercial contracts and internal rules, etc. and legal check on such documents (including updates in response to
  revision of laws).

In addition, Mr. Ueda actually led many complicated civil conciliation cases to settlement, when he acted as a civil conciliator (so-called part time judge) for the Tokyo District Court from 2012 to 2016 and as a civil conciliation commissioner for the Tokyo Summary Court from 2018 to date.
Since 2020, Mr. Ueda has been awarded as the Best Lawyers in Japan (in arbitration/conciliation).

Message

I would like to make a daily effort to respond to various needs of our clients precisely and quickly, aiming to be a “proactive lawyer” who actively tackles issues in various legal areas.

List of Main Publications

≪English≫
・ “Distribution & Marketing of Drugs: Jurisdictional Comparisons” (Japan Chapter) (The European Lawyer Reference Series, 2012)
≪Japanese≫
・"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)
・"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)
・“Commercial Judicial Precedent which Adds Color to the Period” (co-author, Shoji Houmu, 2015)
・“The Sixty-Year History of Shin Shoji Hanrei Binran – Looking Back on Court Decisions which Added Color to the Period” (co-author, Shoji Houmu No.2056-2059, 2015)
・“A Manual for People in Charge of Legal Work on How to Respond to Civil Suits (second edition)” (co-author, Shoji Houmu, 2014)
・“Q &A: Family Affairs Cases and Banking Services” (co-author, Nihon Kajo Publisher, 2013)
“A Story of Shareholders’ Meeting” (co-author, Shoji Houmu, 2012)
・“Q&A for Regional Financial Institutions and Shareholders’ Meetings” (co-author, Kinyu Houmu Jijo, No. 1919, 2011)
・“Evaluation of the U.S. Class Action Fairness Act and its influence on Japanese firms”(Shoji Homu No. 1769, 2006)(co-author)
・Shoji Homu, Recent Commercial Judicial Precedent Bulletins (in serial, co-author)

Publications

Lectures, Seminars and Conferences

  • 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.”

News

  • 2022.04

    11 lawyers of our firm were recognized in The Best Lawyers in Japan 2023.

    11 lawyers of our firm were recognized in The Best Lawyers in Japan 2023.

    Best Lawyers
    ■ Litigation
    TOJI Yoshihiro
    WAKABAYASHI Shigeo
    MOTOMURA Takeshi
    URANAKA Hirotaka

    ■ Product Liability Litigation
    TOJI Yoshihiro

    ■ Insolvency and Reorganization Law
    TAGO Shinya
    URANAKA Hirotaka

    ■ Labor and Employment Law
    TAGO Shinya

    ■ Arbitration and Mediation
    UEDA Atsushi

    ■ Banking and Finance Law
    SAKAMOTO Tomoko

    Best Lawyers - "Ones to Watch"
    ■ Corporate and Mergers and Acquisitions Law
    KARASAWA Akira
    FUKUCHI Takumi

    ■ Arbitration and Mediation
    SAITO Hiroki

    ■ Privacy and Data Security Law
    HORITA Koji

  • 2016.06

    Ueda Atsushi, Tanaka Takashi represented a bank in a case at the Tokyo High Court and a commentary article on its judicial decision made on April 28, 2016 (the decision retaining the conclusion of the Saitama District Court's decision made on October 2, 2015 and rejecting the assertion of the credit guarantee corporation which provided credit guarantee to the bank that, in the case where the main debtor is an anti-social force, the guarantee agreement should be exempted on grounds of invalidity due to miscomprehension and a breach of duty to investigate) appears in the Kinyu Shoji Hanrei No. 1493.

  • 2016.05

    Ueda Atsushi, Tanaka Takashi represented a bank in a case at the Tokyo High Court and a commentary article on its judicial decision made on April 14, 2016 (the decision negating the bank's breach of duty to investigate, as a trial remanded from the Supreme Court by its judicial decision on January 12, 2016 holding that, in the case where a financial institution made a loan guaranteed by a credit guarantee corporation to a debtor who afterwards turned out to be an anti-social force, (i) the credit guarantee corporation's contention of invalidity of the guarantee agreement on the grounds of miscomprehension cannot be admitted, and (ii) when the financial institution is recognized to commit a breach of duty to investigate whether the main debtor is an anti-social force or not, the credit guarantee corporation's guarantee obligation will be exempted due to the financial institution's breach of the guarantee agreement) appears in the Kinyu Shoji Hanrei Vol. 1491

  • 2015.11

    Ueda Atsushi, Tanaka Takashi represented a bank in a case at the Saitama District Court and its commentary article on the judicial decision made on October 2, 2015 (the decision rejected an assertion of the invalidity of declaration of intention on the ground of miscomprehension made by Japan Federation of Credit Guarantee Corporations, who provided the bank with credit guarantee, for the case that the main debtor was an entity associated with antisocial forces) appeared in the Financial and Business Law Precedents Vol. 1478.

  • 2014.04

    Wakabayashi Shigeo, Ueda Atsushi represented a bank in a case at the Tokyo High Court and its commentary article on the judicial decision made on March 12, 2014 (the decision to maintain the decision made by the Tokyo District Court on April 24, 2013 that rejected an assertion of the invalidity of declaration of intention on the ground of miscomprehension made by Japan Federation of Credit Guarantee Corporations, who provided the bank with credit guarantee, for the case that the main debtor was antisocial forces) appeared in Kinyu Homu Jijo, Vol. 1991 and the Financial and Business Law Precedents Vol. 1439.

  • 2014.02

    Ueda Atsushi represented a bank in a case at the Tokyo High Court and its commentary article on the judicial decision made on January 30, 2014 (the decision to maintain the decision made by the Tokyo District Court on August 8, 2013 that rejected an assertion of the invalidity of declaration of intention on the ground of miscomprehension made by Japan Federation of Credit Guarantee Corporations, who provided the bank with credit guarantee, for the case that the main debtor didn’t have a business entity) appeared in Kinyu Homu Jijo, Vol. 1988 and the Financial and Business Law Precedents Vol. 1435.

  • 2013.09

    Ueda Atsushi represented a bank in a case at the Tokyo District Court and its commentary article on the judicial decision made on August 8, 2013 (the decision rejected an assertion of the invalidity of declaration of intention on the ground of miscomprehension made by Japan Federation of Credit Guarantee Corporations, who provided the bank with credit guarantee, for the case that the main debtor didn’t have a business entity) appeared in the Financial and Business Law Precedents Vol. 1425; Kinyu Homu Jijo, Vol. 1982; and Hanrei Times, Vol. 1393.

  • 2013.08

    Ueda Atsushi represented a bank in a case at the Tokyo District Court and its commentary article on the judicial decision made on April 24 2013 (the decision rejected an assertion of the invalidity of declaration of intention on the ground of miscomprehension made by Japan Federation of Credit Guarantee Corporations, who provided the bank with credit guarantee, for the case that the main debtor was an antisocial force) appeared in the Financial and Business Law Precedents, No. 1421; Kinyu Houmu Jijo, Vol. 1975; and Hanrei Jiho, No.2193.

  • 2012.10

    Ueda Atsushi was appointed as a civil conciliator (part time judge) at the Tokyo District Court (Civil 22nd section).