弁護士等紹介

LAWYERS

YOSHIHARA Tomomichi

YOSHIHARA Tomomichi

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

Career Summary

October 1970
Born in Ibaraki Prefecture, Japan
March 1989
Graduated from Tsuchiura Daiichi High School
March 1994
Received his LL.B. from the University of Tokyo
March, 1997
Received his Diploma from the Legal Training and Research Institute of the Supreme Court of Japan (49th)
April 1997
Registered as a Japanese attorney
October 1999
Joined Iwata Godo
May 2005
Received his LL.M. from the University of Southern California Law School
2005-2006
Seconded to the Los Angeles Office of Morrison & Foerster LLP (Patent Division)
2006
Admitted to the New York State Bar Association
2016-2019
Part-time lecturer at Seikei University Law School

Engaged Cases

Mr. Yoshihara offers a full-range of corporate legal services and has dealt with a number of matters particularly in the following areas:
・multi-party litigations and large-scale litigations between corporations, various litigations involving financial institutions (Japanese mega-banks and regional banks), litigations concerning a product liability, a claim for damages, claim for insurance, and tax involving non-insurance companies, makers, etc., arbitration case relating to cross-border transactions, provision of advice and representation to defendant directors and assisting intervention companies in derivative lawsuit, and response to various disputes including non-contentious commercial cases such as determination of the purchase price of shares
・Provision of advice and preparation of written opinions on the legality of management decisions made by directors, provision of advice and representation relating to the Company Act area such as the shareholders’ meetings (provision of advice, handling of proposals brought by shareholders and ensuing proxy fights), M&A like corporate reorganization, and a third party committee upon issuance of new shares, etc.
・Provision of advice to financial institutions and various business corporations to ensure compliance to industrial regulations (such as the Banking Act, the Financial Instruments and Exchange Act, guidelines for supervision on financial institutions, the Electricity Business Act, the River Act, and the Antimonopoly Act), and services as a committee of external investigative committees
・Provision of advice and preparation of necessary documentation required in connection with the injection of public funds to regional banks
・Provision of advice and preparation of written opinions in areas of the Antimonopoly Law, the Labor Law and the Intellectual Property Law
・Provision of legal services in negotiating and writing contracts on various commercial transactions and representation of clients for disputes

List of Main Publications

≪Japanese≫
・“New Story of Shareholders' Meeting” (co-author, Shoji Houmu, 2017)
・“Corporate Legal Affairs and Judicial Precedents – Role of Shin Shoji Hanrei Binran to Play” (co-author, Shoji Homu November 25, 2015 issue)
・“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 Homu, January 25-February 25, 2015 issue)
・“A manual for people in charge of legal work on how to respond to civil suits- second edition” (co-author, Shoji Homu, 2014)
“A story of shareholders’ meeting” (co-author, Shoji Homu, 2012)
・“Special edition: All about measures for regional banks’ shareholders’ meetings” (Kinyu Homu Jijo, No. 1919, 2011) (co-author)
・“Bribery to foreign government officials”(Shoji Homu No. 1641, 2002)
・“Practical handbook of the Unfair Competition Prevention Act” (Compiled and edited by the Fair Trade Committee of the Japan Intellectual Property Association, 2000)
・“Intellectual property rights infringement associated with e-commerce”(Quarterly InterRisk, No. 13)
・Shoji Homu, Recent Commercial Judicial Precedent Bulletins (in serial, co-author)

Publications

Lectures, Seminars and Conferences

  • 2019.10

    Motomura Takeshi and Yoshihara Tomomichi delivered a lecture titled " Commentary on the Highlights of the Latest Important Commercial Judicial Precedent - the Utilization Method of the Court Cases which Legal Personnel should Grasp" at the sola city hall of sola city Conference Center.

  • 2018.07

    Motomura Takeshi and Yoshihara Tomomichi delivered a lecture titled "Commentary on Latest Important Judicial Precedents Personnel in Charge of Legal Affairs Need to Know" at TOC Gotanda Messe.

  • 2017.05

    Motomura Takeshi and Yoshihara Tomomichi delivered a lecture entitled "Commentary on Latest Important Commercial Judicial Precedents for Personnel in Charge of Legal Affairs to Need to Know" at the seminar hosted by the Association of Corporate Legal Departments.

  • 2016.05

    Motomura Takeshi and Yoshihara Tomomichi will deliver a lecture entitled "Commentary on Latest Important Commercial Judicial Precedents for Personnel in Charge of Legal Affairs to Need to Know" at the seminar hosted by the Association of Corporate Legal Departments on May 16, 2016.

  • 2015.12

    Tago Shinya, Yoshihara Tomomichi, Usui Kouji, 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.

  • 2012.12

    Yoshihara Tomomichi conducted a lecture entitled "Key points of banks response to the Financial ADR System" at the Regional Banks Association of Japan.

    Speaker: YOSHIHARA Tomomichi 

News

  • 2015.01

    Yoshihara Tomomichi, Okushi Kenichi, and Oura Takashi represented board members in a case at the Tokyo District Court and its commentary article on the judicial decision made on February 22 2013 (with respect to claim for damages under Financial Instruments and Exchange Act against board members of an issuing company that made a misstatement in securities report, the decision granted exemption from obligation for a part of board members as they exerted “due care” in Article 21, Paragraph 2, Item 1 of the said Act) appeared in Kinyu Homu Jijo Vol. 1976.

  • 2015.01

    Yoshihara Tomomichi, Okushi Kenichi, and Oura Takashi represented the officer of the defendant in a case at the Tokyo High Court and its commentary article on the judicial decision for dismissal of claim made by the Tokyo District Court on February 22, 2013 (Case where the officer of a company which submitted securities registration statement containing fake statement was considered that he had paid “reasonable care” described in Article 21.2.1 of Financial Instruments and Exchange Act) appeared in Hanrei Times Vol. 1406.