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The 2022 Bill to Amend the Japanese Quasi Class Action System

On March 1, 2022, the Japanese Consumers Affairs Agency submitted a bill for deliberation which would amend the Japanese Act on Special Measures Concerning Civil Court Proceedings for the Collective Redress for Property Damage Incurred by Consumers, Law No. 96 of 2013 (the “Collective Redress Act”). This newsletter will explain the important items proposed in the bill. In addition to amending the Collective Redress Act, the bill proposes to amend the Consumer Contract Act, Law No. 61 of 2000. However, this newsletter does not address the items in the bill that relate to the Consumer Contract Act, due to space limitations. 2. Background Japan does not have a U.S.-style class action system. However, the Collective Redress Act was enacted, and...To read the full article, please see the PDF file

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Corporate Newsletter (April 15, 2022) (253 KB / 5 pages) Download PDF [254 KB]

Authors

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.

森田 多恵子

Since she joined Nishimura & Asahi in 2004, she has been involved in various types of corporate matters, including M&A, compliance and corporate group internal controls. She handles in day-to-day matters as well as strategic and special situations, and can provide business advice. With respect to corporate governance matters, she provides practical advice on the full spectrum of corporate governance matters including administration of shareholder meetings, company organization structures, disclosure, administration of the board of directors, board evaluations, executive compensation, and company indemnification. She also has extensive experience in the field of consumer law matters, such as how to respond to consumer-law related regulations, consumer organizations, and investigations by authorities. She has expertise and provides advice on advertising, marketing activities, and e-commerce.