Evident Corporation: Sale of Inspection Technologies Division to Wabtec Corporation
Nishimura & Asahi advised Evident Corporation, formerly part of the Scientific Solutions Division of Olympus Corporation, on the sale of its Inspection Technologies division to Wabtec Corporation [NYSE: WAB], a heavy industrial parts maker.
The Nishimura & Asahi team advising Evident was led by partners Yuki Oi, Satoshi Niki, Yuki Sakurada, Nobuhiro Tanaka and Shogo Eguchi, supported by Masatsugu Sakamoto.
People
Satoshi manages a wide range of domestic and cross-border M&As, capital and business alliances and technology alliances where intellectual property rights and technologies, such as semiconductors, autonomous driving, electric vehicles, AI, and systems, were important elements to the transaction. Satoshi is also heavily involved in supporting high-tech startups such as space development, quantum computers, and regenerative medicine, and has extensive experience in contract structure ground design and contract negotiations for building new businesses. In addition, Satoshi makes use of his engineering background to deal with a number of disputes, such as patent infringement proceedings and disputes related to defects in advanced technology products, where technical issues are the main issues.
He served as Director for Foreign Direct Investment Issues at the Ministry of Finance of Japan for three years from 2019 to 2022. During his tenure, he was the chief architect and strategist of the amendment of the FEFTA in 2020, where the threshold for prior mandatory notification for the acquisition of listed company shares by foreign investors was lowered from 10% to 1%. After the enactment of the amendment, he was in charge of reviewing the scope of designated business for the mandatory notification (addition of pharmaceuticals and medical equipment for communicable diseases, and critical mineral resource-related industries), strengthening the operation of screening and post-transaction monitoring, and strengthening cooperation in investment screening with relevant authorities of like-minded countries, including CFIUS of the U.S. He was also engaged in the planning and drafting of the revision of the FEFTA in 2022 (related to crypto assets) and the prohibition of new investment in Russia in response to Russia’s invasion of Ukraine.
He is the co-author of a section-by-section commentary on FDI screening under the FEFTA (“Sho-kai Gaitame-hou, Inward Direct Investment and Specified Acquisition Edition” (Shoji Homu, June 2021). He was also a speaker at webinars on FDI screening for government officials of member countries organized by the Organization for Economic Cooperation and Development (OECD).
May 2021 – Webinar on Transparency, Predictability and Accountability for investment screening mechanisms
May 2022 – Regulatory proportionality of investment screening mechanisms
Nobu Tanaka is a partner in our Antitrust and International Trade practice team dealing with merger control, cartel/bid rigging, monopoly, unfair trade practice and dispute related cases. Nobu has much experience in dealing with cross-border merger control, international cartels and cross-border litigation cases. Through his 3 years experience in the U.S., Nobu has a deep understanding of the legal, business and cultural difference between Japan and other countries and he has expertise in explaining Japanese laws in a plain manner. Nobu always tries to understand clients’ interest and clients’ businesses deeply so that he can provide better and flexible solution. Nobu has good reputation in deep understanding of industries and business. In addition to antitrust cases, Nobu also handles various non-antitrust matters, such as cross-border commercial litigation, internal investigation, white-collar matters and cross-borer corporate transaction and general corporate matters including advice relating to new business in Japan. He also has a good reputation in timely and efficient communication. Nobu has LL.M degree at Stanford Law School (2017) and J.D. degree at University of Tokyo School of Law (magna cum laude). Nobu is fluent in English.
Shogo has extensive practical experience handling domestic and international M&A transactions, including acquisitions, carve-outs, and joint ventures. He has particular expertise in outbound M&A deals involving Japanese companies investing in the U.S. and Europe, as well as inbound M&A deals involving international companies making investments in Japan; he is qualified in Japan, the U.S. and England and Wales, and known for his excellent communication skills and client-focused approach to cross-border transactions. He is fluent in Japanese and English, and has experience working and studying in Japan, the United States, and the UK.
Masatsugu advises domestic and overseas corporate clients on large and small sized M&A transactions and general corporate matters. He has also expanded his practice into M&A transactions involving medical corporations. Prior to joining Nishimura & Asahi, he worked for over three years at a small law firm on a broad range of civil cases, including loans and debt collections, real property transactions, traffic accidents, labor issues, bankruptcies and rehabilitations, litigation and mediation, and criminal cases. He studied at a U.S. law school and trained at a law firm in the U.S. before being seconded to the M&A promotion office of a Japanese company for two years, supporting its M&A activities as part of a principal team. Backed by his diversified work experience, he advises clients in Japanese and English, covering a wide range of inquiries and requests closely meeting the client’s needs.
Yuki Oi is a partner in our M&A/Corporate practice group. He advises domestic and international corporations and financial institutions on their cross-border and domestic M&A transactions. He also handles corporate governance matters and general corporate issues, as well as corporate crisis management matters and commercial litigation.
Some of the major cases he has advised on include representing UFJ Holdings on its integration with Mitsubishi Tokyo Financial Group (2006), Bulldog Sauce on its famous defense against a hostile takeover attempt initiated by Steel Partners (2007), the Osaka Securities Exchange on its integration with the Tokyo Stock Exchange (2011), Idemitsu Kosan on its integration with Showa Shell Sekiyu (2015-19), Toshiba on its divestiture of Toshiba Memory Corporation (2018), and Honda on its strategic alliance with Sony Group in mobility sector (2022).
He was awarded the Young Lawyer of the Year Award at the ALB Japan Law Awards 2019, and the Innovative Practitioners Award at the FT Innovative Lawyers Awards Asia-Pacific 2020. He was also selected as one of Asia’s top 40 lawyers under 40 by Asian Legal Business in 2017.
He has also served as a lecturer at the University of Tokyo, Faculty of Law (2012-13), and Graduate Schools for Law and Politics (2014-present).