Shinji Kusakabe
Shinji Kusakabe
Title: Partner
E-mail:
Phone: 81-3-6888-1062
Fax: 81-3-6888-3062
Practice Areas
Litigation and Arbitration (international and domestic), Product Liabilities, and General Corporate Matters.
Practice
Shinji Kusakabe specializes in litigation and arbitration, both international and domestic, as well as assisting clients in general corporate matters. In particular, Mr. Kusakabe has a wealth of practical experience in assisting manufacturers with regard to product liability issues. Mr. Kusakabe's particular specialties lie in advising clients on general corporate matters, taking into consideration potential future disputes, and in resolving current disputes in light of actual business practices and circumstances.
Cases which Mr. Kusakabe has recently handled include lawsuits related to termination of commercial relationships, illegal transactions conducted by employees, product liability, bid-rigging conspiracies and venture capital investments. Mr. Kusakabe is also actively engaged in international arbitration, which includes cases where the place of arbitration is not Japan.
In addition to his professional experience at Anderson Mori & Tomotsune, Mr. Kusakabe's prior experience includes working as a Foreign Associate at Kelley Drye & Warren's New York office (September 1999 to August 2000) and a full-time secondment to Swiss Bank Corporation's (now UBS AG) Tokyo Legal & Compliance department (February to July 1998).
Practice Groups
Litigation Practice
Corporate Transactions
Education
Tokyo University (LL.B., 1993)
New York University (LL.M., International Legal Studies, 1999)
Trained at a law firm in the United States
Professional Admissions
Japan (1995)
New York (2000)
Professional Lectures
"Legal Liability and Risk Management Practices in the Area of Products Liability Law - Respective Perspectives of Manufacturers, Middlemen and Retailers" (July 2008)
"Consumer Protection Legislation - Problems pertaining to the Product Liability Law and the Consumer Product Safety Law" (Chuo University, School of Law; May 2008)
"Issue and Practice under OEM Agreement with regard to Legal Risks" (June 2007)
"Legal Liabilities and Practices for Product-Related Accidents" (May 2007 and March 2008)
"Defects in Products or in Repairs and Maintenance? Legal Responsibilities in Product Accidents and Compensation Practice - From Legal Relations Surrounding Accidents to Risk Management" (September 2006)
"Examination of Arbitrators' Ethical Codes" (Study session held by the Japan Association of Arbitrators, Research Section; June and November 2006)
"Use of Experts in Court and International Arbitration Processes" (Session Panelist for Dispute Resolution Committee at the 16th IPBA Conference; May 2006)
"Challenges of Arbitrators and Disclosure of Potential Conflicts of Interest in Arbitration" ("Special Lecture I (Japan Legal System 2010)" held by Chuo University, Graduate School, Legal Research Section; January 2006)
"Jointly-held Patents and Contract Practices with Professors and Students in Joint R&D by Businesses and Universities" (June 2005)
"Issues of Note in the Execution of OEM Agreements; Legal Risk Management"(May 2005 and March 2007)
"Issues Relating to Challenges of Arbitrators and Obligations to Disclose Potential Conflicts of Interest" (Study session held by the Japan Association of Arbitrators, Research Section, Arbitration Sub-section; May and September 2005)
"Management of Intellectual Property Rights in Joint R&D by Businesses and Universities" (March 2005)
"Business Measures Relating to "Fair Consideration" for Service Invention" (November 2004)
"Amendment to Article 35 of the Patent Law and Degree of Contribution by Businesses to Service Invention" (September 2004)
""Fair Consideration" for Service Invention and Desirable Business Practices under Article 35 of the Patent Law" (April 2004)
"Issues Relating to OEM Agreements from the Viewpoint of Legal Risk and the Nature of Contract" (January 2004 and 2005)
Professional Publications
"Not Just a Reputational Risk - Handling Product Liability Issues in Light of Recent Judgments" (co-authored) (Business Legal Affairs Vol.8 No.11 [November 2008 issue])
"Explanatory Notes for the case where a table, which was prepared by a nursing service provider to request reimbursement for nursing expenses and which contained information to be transmitted to a third party claims administrator but which excluded the patients' personal information, was found not to be "a document that is to be used solely for the holder of the document" as prescribed in Item 4(d) of Article 220 of the Code of Civil Procedure" (Supreme Court Decision issued by the Second Petty Bench on August 23, 2007) (Horitsu-no-hiroba No. 61-9 [September 2008 issue])
"Legal Analysis of OEM Agreements" (the Hanrei Times No. 1266 [June 15, 2008 issue])
"What Kinds of Litigators Are Required by Business Enterprises?" (The Lawyers, June 2008 issue)
"Case Analysis - Oji Paper Co., Ltd. vs. Hokuetsu Paper Mills, Ltd." (Feature articles - Disputes, current regulations and their problems concerning M&As) (the Hanrei Times No. 1259 [March 15, 2008 issue])
"Getting The Deal Through - Arbitration 2008" (Japan Chapter) (co-authored; February 2008)
"Explanatory Notes for the case where a seller of an electric stove was found liable for committing a tort against a person who used the electric stove sold at the seller's supermarket and suffered hypersensitivity to chemical substances" (Tokyo High Court Judgment issued on August 31, 2006) (The Financial and Business Law Precedents No. 1280 [December 15, 2007 issue])
"Compass for M&A" (Seirin Shoin Co., Ltd.) (co-authored; October 2007)
"New Edition - Complete Practice for Business Contracts" (Business Research Institute) (co-authored; September 2007)
"Explanatory Notes for the case where the Supreme Court determined that the Lower Court’s Judgment was illegal in that it ordered a company that received an insurance payment due to the death of its insured employees under a group fixed-term insurance (A-type Group Insurance) to pay part of such insurance payment to the bereaved families beyond the family allowance specified by the company’s internal rules" (Supreme Court Judgment issued by the Third Petty Bench on April 11, 2006) (The Rule of Law No.146 [July 2007 issue])
"Arbitration & ADR Forum Vol. 1(1)" (Japan Association of Arbitrators) (co-authored; July 2007)
"Getting The Deal Through - Arbitration 2007" (Japan Chapter) (co-authored; March 2007)
Japanese translation of the "IBA Guidelines on Conflicts of Interest in International Arbitration"(http://www.ibanet.org/images/downloads/lpd/ConflictGuidelinesJapanese.pdf) (as a chair of the Working Group of the Japan Arbitrators Association in charge of the translation)
"Requirements for Litigators Handling Commercial Disputes in Light of More Complex and Cross-border Activities by Business Enterprises" (co-authored) (The Lawyers, December 2006 issue)
"Explanatory Notes for the case where intra-company notifications that were addressed to marketing office managers and others by relevant departments of the head office of a bank and that described general business guidelines and other items were found not to be "a document that is to be used solely for the holder of the document" as prescribed in Item 4(d) of Article 220 of the Code of Civil Procedure" (Supreme Court Decision issued by the Second Petty Bench on February 17, 2006) (The Financial and Business Law Precedents No. 1249 [September 15, 2006 issue])
"Practice and Theory of Joint Venture Agreements - in light of enforcement of the Corporation Law" (Hanrei Times Co., Ltd.) (co-authored; July 2006)
"How Enforcement of the Corporation Law Changes Derivative Lawsuits against Executives - its effects and countermeasures-" (co-authored) (the Keiri Joho No. 1122 [July 20, 2006 issue])
"-Squeezing-out of Minority Shareholders- Methods for Creating a Wholly-owned Subsidiary and Associated Issues" (the Keiri Joho No. 1119 [June 20, 2006 issue])
"Front Line of Joint Venture Agreements" (Round-table talk published in the Hanrei Times No. 1203 [May 1, 2006 issue])
"The Personal Information Protection Act and its Effect on Mergers & Acquisitions" (The asialaw Japan Review) (July 2005)
"Data Protection Law Poses Problems for M&A" (The IFLR Guide to Japan 2005, International Financial Law Review) (co-authored; January 2005)
English translation of the "Arbitration Law" of Japan (http://www.kantei.go.jp/foreign/policy/sihou/arbitrationlaw.pdf) (as a member of the Arbitration Law Follow-up Research Group) (March 2004)
Professional and Academic Associations
Dai-ni Tokyo Bar Association
New York State Bar Association
Arbitration Law Follow-up Research Group (administered by the Office for Promotion of Justice System Reform, established by the Cabinet) (June 2003 to March 2004)
International Bar Association
Inter-Pacific Bar Association
Japan Association of Arbitrators (Organizer, Research Section)
Languages
Japanese
English
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