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    An Action Seeking Revocation of a Resolution of a Shareholders' Meeting Relating to the Issuance of Class Shares Subject to a Class-Wide Call

N&A represented a client in an action seeking revocation of a resolution of a shareholders' meeting relating to the issuance of class shares, subject to class-wide call, since 2009 from the first instance. In July 2010, N&A succeeded in defending the client and obtained a final judgment dismissing the claimant's claim in its entirety before the Tokyo High Court. This judgment is considered an important court precedent regarding significant issues relating to the Corporation Law of Japan.

The attorneys who represented the client included Masaki Hosaka, Akihiro Hironaka, Sueo Kito, Atsushi Hosono, Atsushi Mizushima, Masahiro Toshima and Toshifumi Noguchi.


弘中 聡浩

Akihiro’s experience covers product liability, contractual claims, mass tort claims, and tax disputes, in various industries, in particular in the pharmaceutical and automotive industries. He has also handled disputes arising from M&A transactions, disputes involving construction sites in Asia, Africa, and the Middle East, and disputes arising from the termination of distribution agreements. He has achieved significant results in international arbitrations, including emergency arbitration proceedings under the rules of the ICC, SIAC, AAA-ICDR, and JCAA. He also advised clients in connection with US civil actions, including class actions, and Japanese judicial assistance for foreign court proceedings.

In one notable case, he successfully defended a Japanese trading company against six large vicarious liability lawsuits, involving claims totaling JPY 48.3 billion, filed by claimants including an affiliate of a US-headquartered investment bank and a US hedge fund. He also recovered JPY 13.3 billion for Shionogi & Co. in an action challenging a tax assessment relating to an in-kind contribution of a partnership interest in a cross-border reorganization for the development of a drug for AIDS. He is currently representing a pharmaceutical company in one of the largest product liability lawsuits in Japan.

He is a graduate of The University of Tokyo (LL.B., 1993) and Harvard Law School (LL.M., 2003), and is licensed to practice law in Japan and New York. He served as a Japanese district court judge from 1998 until 2000, and worked at Arnold & Porter (Washington, D.C.) from 2003 until 2004. He is a Fellow of the Chartered Institute of Arbitrators.

He is the author of various books and articles in the areas of litigation and international arbitration, including Yasuhei Taniguchi et al. eds., Civil Procedure in Japan (contributor, Juris Publishing). He was awarded the "Dispute Resolution Lawyer of the Year" at the ALB Japan Law Awards in 2022.