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
June 2017
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
March 2020
Delegate of Japan Federation of Bar Associations
April 2020
Delegate of Dai-ichi Tokyo Bar Association
April 2020
Selected as the Best Lawyers in Japan 2021 (Arbitration & Mediation)

Engaged Cases

Mr. Ueda offers a wide range of legal services such as finance-related legal issues from Japanese mega-banks, regional banks and servicer (credit collection company), the provision of written opinions, and ADR and litigation matters. He also offers industrial companies with legal advice on a variety of commercial transactions, human resources and labor management, dispute resolution, and litigation matters. Furthermore, Mr. Ueda has a wealth of experience in acquisition and reorganization cases. Drawing upon his experience of studying abroad and working at a U.S. law firm, he has been involved in a number of cases upon request from clients.
Recently Mr. Ueda was appointed as a Conciliator (so-called part time judge) at the 22nd Civil Division of the Tokyo District Court(specialized division for a conciliation, construction litigation, and the Land Lease Right matters under the Act on Land and Building Leases), serving as the Chief who presides over the Conciliation Committee dealing with general arbitrations such as construction-related cases, IT-related cases, building-lots and other building-related cases, etc.

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≫
・"Q&A: Family affairs cases and banking services" Second edition (co-author, Nihon Kajo Publishing Co., Ltd. 2020)
・“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

  • 2020.06
    Publications

    Our lawyers participated in authoring of the publication titled "Q&A: Family Affairs Cases and Banking Services" Second edition, which is published by Nihon Kajo Publishing Co., Ltd.

  • 2020.03
    Publications

    Ueda Atsushi, Tanaka Takashi represented a bank in a case at the Tokyo District Court and a commentary article on its judicial decision made on December 17, 2019 (In a case where a savings account of a financial institution corresponds to “a bank account suspected to be used in crime, etc.” (Article 2, Paragraph 4, Item 2 of the Criminal Accounts Damage Recovery Act)) appears in Kinyu Houmu Jijo No. 2133, No.853i of Ginkou Homu 21, and Kinyu Shoji Hanrei No. 1588.

    Author:
    UEDA Atsushi  TANAKA Takashi 
  • 2019.05
    Publications

    Ueda Atsushi, Uenishi Takuya and Sasaki Tomoo represented a bank in a case at the Tokyo District Court and a commentary article on its judicial decision made on January 29, 2019 (In a case where Part of Mark or Brand Name was Succeeded, the Joint and Several Liability of Transferee Company was Acknowledged by Analogical Application of Article 22 (1) of the Companies Act which provides for the Liability of Transferee Company Continually Using the Trade Name of Transferor Company) appears in the Kinyu Shoji Hanrei No. 1566.

  • 2018.07
    Publications

    Toji Yoshihiro and Ueda Atsushi represented a bank in a case at the Nagano District Court and a commentary article on its judicial decision made on May 25, 2018 (regarding a case where withdrawals from a corporate pension fund's bank account made based on withdrawal requests submitted by an employee of the corporate pension fund is judged valid because the bank concerned neither recognized nor was able to recognize the intention of such employee to embezzle the deposit although making such requests are abuse of power) appears in Kinyu Houmu Jijo No. 2094 and the Kinyu Shoji Hanrei No. 1546.

    Author:
    TOJI Yoshihiro  UEDA Atsushi 
  • 2018.03
    Publications

    Tago Shinya, Ueda Atsushi, Kudo Ryohei and Landry Guesdon authored an English commentary explaining the outline of the Act on Pharmaceuticals, Medical Devices, etc. as well as the laws and regulations and the industry self-regulations on distribution of pharmaceuticals in Japan, entitled “Distribution and Marketing of Drugs in Japan” which is available on the Practical Law website of Thomson Reuters, UK.

  • 2017.12
    Publications

    A book co-authored by Toji Yoshihiro, Ito Hiroki and other attorneys of Iwata Godo entitled "New Story of Shareholders' Meeting" (ShojiHomu Co., Ltd., 2017) is introduced in the article "Books Useful for Corporate Legal Affairs in Food Service Industry" of Business Law Journal No.119.

  • 2017.01
    Publications

    A book co-authored by 34 attorneys of Iwata Godo including Toji Yoshihiro, Ito Hiroki entitled "New Story of Shareholders' Meeting" is published by ShojiHomu Co., Ltd.

  • 2016.08
    Publications

    Ueda Atsushi and Tanaka Takashi authored an article entitled "Research on Antisocial Forces Pertaining to Loans Guaranteed by Credit Guarantee Corporations Based on Supreme Court Decision and Appellate Court Decision on Remanded Case, etc." which appears in August 2016 issue (No.688) of Ginkou Jitsumu.

    Author:
    UEDA Atsushi  TANAKA Takashi 
  • 2016.02
    Publications

    Ueda Atsushi and Tanaka Takashi represented a bank in a case at the Supreme Court and a commentary article on its judicial decision made on January 12, 2016 (the decision 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 violation of the guarantee agreement) appears in the Financial and Business Law Precedents Vol. 1483.

  • 2015.11
    Publications

    A book by our office entitled "Commercial Judicial Precedent which Adds Color to the Period" (supervised by Kanda Hideki, Professor at the University of Tokyo Graduate Schools for Law and Politics, and recommended by Tsuda Hiroki , Chairperson of the Board of Directors of Japan Exchange Group, Inc.) is published by Shoji Homu Co., Ltd.

  • 2015.01
    Publications

    Wakabayashi Shigeo, Toji Yoshihiro, Motomura Takeshi, Yoshihara Tomomichi, Ueda Atsushi, Sakamoto Tomoko and Sato Shuji co-authored "The Sixty-Year History of Shin Shoji Hanrei Binran - Looking Back on Court Decisions which Added Color to the Period," (I)-(IV) which appear as a four-part article series in Shoji Homu No.2056-2059.

  • 2013.09
    Publications

    11 lawyers at our office including Ueda Atsushi and Sakamoto Tomoko contributed to the publication entitled "Q&A: Family affairs cases and banking services" published by Nihon Kajo Publisher under the supervision of Shinya Tago.

  • 2012.12
    Publications

    Ueda Atsushi, Maruyama Shinji and Kudo Ryohei co-authored an English article entitled "Distribution & Marketing of Drugs: Jurisdictional Comparisons" (The European Lawyer Reference Series) by Sweet & Mazwell in the UK, which offers an outline of the Pharmaceutical Affairs Act in Japan and commentary on law regulation and self regulation relating to distribution of drugs.

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

  • 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).