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    Claim for damages

Leading Japanese law firm Nishimura & Asahi represented a client in a lawsuit for damages with respect to an M&A transaction in which the client purchased shares in a healthcare services company in which an accounting fraud had not been disclosed. In January 2023, we succeeded in obtaining a final judgment from the Tokyo High Court of Justice, which confirmed our client’s claim of JPY 4 billion (approx. USD 30 million) against the counterparty for damages. (In this case, we began representing the client from the Tokyo District Court stage in January 2019.)

The Nishimura & Asahi team advising the client was led by partners Mitsuhiro Harada and Yasuki Goto, and senior associate Mariko Nakagawa.


原田 充浩

Since joining the firm, Mitsuhiro Harada has been actively involved in Mergers & Acquisitions and has represented Japanese or non-Japanese buyers or sellers in numerous cross-border transactions in varied industries, including stock and asset acquisitions, private equity and venture capital investments, joint ventures and strategic alliances. He has recently become deeply engaged in international transactions, particularly in assisting Japanese companies with expanding into East and South East Asian markets. In addition, he has provided a broad range of legal services in the field of general corporate matters, including corporate governance issues and civil or commercial disputes.

後藤 泰樹

Mr. Yasuki Goto has extensive experience in various types and seizes of restructuring/insolvency cases, where he represents debtors, creditors and sponsors. Mr. Goto also has abundant experience in finance transactions, including securitization, MBO finance and other structured financing. Backed by such knowledge and experience in these two fields, he has particular strengths in transactions corresponding to both insolvency and finance, such as debtor-in-possession financing and other finance to debtors under restructuring proceedings. Mr. Goto has obtained a strong reputation for, among other things, his practical and creative advice in high-pressure insolvency cases.