Large Vicarious Liability Case by an Affiliate Company of a U.S. Headquartered Investment Bank

Mr. Kimeda’s main areas of practice are Corporate Crisis Management and Litigation. As for Corporate Crisis Management, he has extensive experience in corporate scandal cases, including window-dressing, misrepresentation of financial statements, insider trading, antitrust (bid rigging, price cartels, and abuse of dominant position), product defects, misleading representations of products, divulging confidential information, bribery, political funding, money laundering, breach of industrial regulations, and factory accidents. In these types of cases he has specific expertise on the issues of internal investigations, third party committee investigations, defending against criminal and administrative investigations, public relations, rebuilding compliance systems, reforming corporate governance, and handling the related civil litigation. He also serves as an outside whistleblower hotline channel for a number of companies. As for litigation, he has considerable experience in tax disputes, shareholders disputes, and other types of corporate litigation. He is the author of numerous legal articles and has also been involved in the process of making laws and regulations. He has been recognized as one of the “Most successful lawyers” by the NIKKEI for the last several years as below.

2023 Corporate Crisis Management category 1st
2021 Corporate Crisis Management category 1st
2020 Corporate Crisis Management category 1st
2018 Corporate Crisis Management category 2nd
2014 Corporate Crisis Management category 2nd
2011 Corporate Crisis Management category 3rd
2022 Corporate Legal Affairs category 9th
2016 Corporate Legal Affairs category 10th
2015 Corporate Legal Affairs category 8th
2013 Corporate Legal Affairs category 2nd
2012 Corporate Legal Affairs category 4th

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.