Hideki Kojima
Areas of Practice:
Corporate
Mergers & Acquisitions, Joint-Ventures and Strategic Alliances
International Commercial Transactions
Intellectual Property
Dispute Resolutions
Regulatory
Notable Cases:
IT System Litigation on user’s side, Tokyo District Court (2012)
Represented user’s side in dispute over IT system purchase contract against US$5-6 million claim by vendor at Tokyo District Court. Resulted in favorable settlement on the issue of lack of specificity of computer systems as well as lack of apparent authority.
Counseling for vessel owner on vessel construction loan agreement breached by a financial institution (2012)
Vessel construction loan agreement (US$40-50 million) was breached by a bank. Representing vessel owner, I advised and settled on the sale of the vessel then under construction, in order to mitigate damages.
Representing IT company at Tokyo District Court, Commercial Division, concerning Board meeting and Shareholders meeting (2011)
Advised and represented IT company client at Tokyo District Court on legal issues of termination of representative director at the board of directors meeting, as well as on convocation of extraordinary shareholders meeting.
Counseling of Japanese investor (US$40-50 million) to West Bengal, India on infrastructure business (2008)
Advised a Japanese company on Indian investment for formation of joint venture company to manufacture infrastructure-related products, including advice on regulatory approvals, capital structure, technical collaboration, Indian company law and other corporate matters.
Counseling on EU competition and US antitrust laws for acquisition of German company in the consumer electronics business(2005)
Advised a Japanese company, with a subsidiary in the United States, on competition/antitrust law matters in EU and USA in relation to an acquisition of European company in consumer-electronic industry.
Advised on disinvestment by a Japanese medical equipment manufacturer which had acquired French manufacturer (2006)
Advised a Japanese manufacturer on exit from an investment in a French medical equipment manufacturer, especially strategy of company sale to another European company vis-a-vis company liquidation in France.
Represented Japanese distributor in semi-conductor parts industry against non-renewal threat by a Korean parts manufacturer supplier at Tokyo District Court and Tokyo High Court (2007)
Case before the Tokyo District Court as well as Tokyo High Court in petition for a provisional remedy for injunctive relief concerning termination of a distribution agreement with a Korean manufacturer.
Advised and implemented US$50 million sale of art collection by Japanese owner to US buyer(2005)
Advised and negotiated for a Japanese art dealer on the sales contract of paintings over US$50 million in value, covering U.S. state tax issues, terms of payment.
Patent infringement case for IT system parts supplier at Intellectual Property High Court of Tokyo(2008)
Represented an overseas semiconductor parts manufacturer in patent infringement litigation before Intellectual Property High Court of Tokyo and Patent Office of Japan on invalidation petition and court-initiated / out-of-court settlement negotiations.
Represented a foreign government before Japanese courts in depositions requested by foreign federal court(2007)
Represented foreign government in an international judicial assistance request including witness examinations in the Tokyo District Court and other courts in Japan collateral to a case before a US District Court. Issue involved alleged disclosure to Japanese media of confidential information exchanged between two tax authorities.
Publications:
“Comment on Contemporary Japan” (Japanese) monthly series in Jitsugyokai from August, 1997 to present
“International Secured Transaction, Japan Chapter “(English, collective writing) (Oceana Publications, Inc. / Oxford University Press 2003～, Co-author）
“Liability: A Worldwide Review″(Kluwer Law International 2006, Co-author）
“Directors’ Liabilities in case of Insolvency, Japan Chapter” (English, collective writing) (Kluwer Law International 1999)
“Antitrust Law rises its head” ( Nikkei BP Marketing, Inc. 1998)
“International Sports Law and Business, Japan Chapter”(English, collective writing) ( Kluwer Law International1997)
“Legal Advice for Investment to India”（Japanese）Weekly Toyo Keizai (1997)
“Opportunities for Investment to India Now”（Japanese）Weekly Diamond (1996)
“Allocated Products Liability Among Related Parties – In the Event of OEM Contract (two articles ) ” (Japanese) (JCA Journal of The Japan Commercial Arbitration Association 1995）
“Method of Calculating Lost Profit of Business in Damage Claims,” (Japanese) NBL No. 570, No. 571 (Shojihomu 1995)
“Lawyer Talks How To Make Foreign Direct Investment to Vietnam” （Japanese）Weekly Diamond Extra Edition (1995)
“Comment on New Guidelines of the US Department of Justice Concerning the Application of US Antitrust Laws Outside the United States,” (Japanese) International Commercial Law Review Vol. 20 No. 8 (1992)
“Urgent Need to Increase Members of the Legal Profession from a Lawyer’s Perspective,” (Japanese) Hanrei Times No. 770 (1992)
“Differences between Japan and the United States on Regulation of Excessive Dealing of Securities,” (Japanese) Commercial Law Review No. 1289 (1992)
“Insider Trading” (Kluwer Law International 1992)
“Law of International Sale of Goods,” (Japanese) ( Studies on Current Company Trade Law I, International Trade 1986)
“Retention of Title” International Bar Association Journal (1982)
