Commercial Litigation & International Arbitration
Our firm possesses extensive experience representing clients before arbitral tribunals and domestic courts, having acted on behalf of multinational corporations as well as prominent domestic enterprises.
Our recent notable engagements encompass a diverse range of matters, including:
- Representing a European-based manufacturer and its Japanese subsidiary in a dispute involving allegations of breached representations and warranties in an M&A transaction.
- Advocating for a U.S.-based IT company in a Tokyo District Court lawsuit concerning contract interpretation.
- Representing a renowned international hotel chain in Tokyo in a dispute over work-related claims brought by former employees.
- Serving as party counsel in JCAA arbitral proceedings pertaining to the construction of a solar power plant.
- Acting as party representative in ICC arbitral proceedings concerning the sale of a plant facility.
By drawing on our comprehensive expertise and attention to detail, we are committed to providing sophisticated and tailored legal solutions for our clients.
We offer comprehensive guidance to clients on a wide array of insurance matters, encompassing D&O insurance, reinsurance, captive insurance, and cyber insurance. Furthermore, we provide counsel on addressing inquiries and investigations from regulatory authorities, such as the FSA.
Our firm frequently represents both domestic and international insurers in insurance-related disputes, including product liability lawsuits and claims from insured parties.
Our recent insurance dispute resolution engagements include:
- Representing and advising a major Japanese insurance company group in various product liability disputes involving consumers in Japan and the U.S., concerning pharmaceutical products, electrical appliances, and plant equipment.
- Representing a U.S.-based insurance company group in a product liability dispute involving an electrical device.
- Acting on behalf of a leading Japanese insurance company group in a subrogation claim dispute against a party responsible for a product liability incident.
- Resolving numerous consumer claims for a global IT company as part of our TPA services.
By leveraging our diverse expertise and in-depth understanding of insurance matters, we are committed to delivering sophisticated and tailored legal solutions for our clients.
Mergers and Acquisitions
In M&A transactions, we offer comprehensive legal services throughout the entire process, including advising on suitable transaction structures, conducting due diligence, and negotiating and drafting definitive agreements. We are also capable of handling merger filing procedures in Japan.
Our recent M&A projects encompass:
- Acquisition of a semiconductor-related manufacturer by a private equity fund.
- Acquisition of a wholesaler by a private equity fund.
- Acquisition of a Singapore-based IT company and its subsidiaries in Vietnam and Indonesia by a domestic IT company.
- Business transfer of a domestic auto-parts manufacturer to another manufacturer in the U.S.
- Share sale of a Japanese insurance company group’s subsidiary in Guam.
- Exit (share sale) of an IT startup company by its founders.
Our team of experienced professionals is dedicated to delivering exceptional legal support tailored to our clients’ unique needs and objectives throughout the M&A process.
We offer comprehensive legal advice on employment contracts and internal policies to ensure a working environment that complies with relevant employment laws and regulations.
Our recent employemt-related services include:
- Provided legal advice as Japanese counsel to a US-based IT company in a project involving global changes to their work environment (such as multiple adjustments to remote work and office attendance frequency during the COVID-19 pandemic).
- Represented an international sports and social club as the defendant in a Tokyo District Court lawsuit involving overtime pay claims.
- Acted as legal counsel for an international hotel chain’s Tokyo branch in a case where a former employee sought damages for the termination of their employment relationship.
- Conducted a forensic investigation and provided legal advice on the appropriateness of disciplinary actions in response to a misconduct case involving an employee of a US-based IT company.
- Negotiated on behalf of a fitness club in a case where a former employee claimed unpaid overtime, ultimately resolving the dispute.
By providing tailored and detailed advice, we help our clients navigate the complex field of employment law and create a legally compliant and positive work environment.
With years of experience advising both domestic and international e-commerce marketplaces on legal matters related to logistics, we possess unrivaled expertise in the following areas:
- Reviewing and drafting transportation contracts between shippers and carriers, covering various stages of transportation, such as long-haul, middle mile, and last mile delivery.
- Providing guidance on logistics-related laws and regulations in Japan, including the Consigned Freight Forwarding Business Act, Special Designation on Logistics by the JFTC, and automobile operator’s liability under the Act on Securing Compensation for Automobile Accidents.
- Advising on compliance with customs regulations, import/export controls, and other international trade requirements.
- Assisting clients in developing and implementing best practices for risk management and dispute resolution within their logistics operations.
- Representing e-commerce marketplaces in lawsuits and claims involving carriers and end-customers, such as cargo loss and damage, delivery delays, or other service-related disputes.
Our extensive knowledge and experience in this field allow us to provide comprehensive and practical legal advice tailored to the unique challenges faced by e-commerce marketplaces and their logistics partners.
Esports & Gaming
As the e-sports and gaming industry in Japan continues to grow, it is subject to various laws and regulations, including but not limited to: (i) the Act against Unjustifiable Premiums and Misleading Representations, (ii) the Act on the Protection of Personal Information, (iii) the Act on Control and Improvement of Amusement Business, (iv) the Payment Services Act, and (v) the Penal Code.
Since the inception of e-sports in Japan, our attorneys have been providing expert advice to a range of stakeholders, such as international game companies, management organizations, sponsors, event organizers, and players, helping them navigate the complex legal landscape.
Our firm’s recent gaming-related services include:
- Conducted due diligence on gaming law compliance for a European game publisher intending to distribute games in Japan.
- Represented a game publisher in filing a notification to the Financial Services Agency as an issuer of prepaid payment instruments under the Payment Services Act.
- Providing legal advice and drafting tournament rules for organizing competitions with cash prizes or other rewards.
- Provided legal advice to game publishers on necessary display items under the Act on Specified Commercial Transactions for the sale of in-game currency, and drafted these display items.
- Offering legal guidance and drafting management agreements between e-sports players and their respective teams.
- Represented a game publisher in filing a notification to the Ministry of Internal Affairs and Communications based on Article 16, Paragraph 1 of the Telecommunications Business Act.
- Advising on laws and regulations pertaining to e-sports and gaming, such as the Act against Unjustifiable Premiums and Misleading Representations, Act on Specified Commercial Transactions, Entertainment Business Act, Penal Code, among others.
- Drafting and negotiating license agreements for game development, distribution, and merchandising.
- Resolved a dispute over the termination of a contract between a professional team and a player.
- Provided legal advice from the perspective of the Act Against Unjustifiable Premiums and Misleading Representations, Trademark Law, and Advertising Material Ordinances, etc., for TV and OOH (Out-of-Home) advertisements by a game publisher.
- Drafted and provided legal advice on sponsor contracts for gaming and eSports-related events.
Furthermore, our firm operates and maintains a specialized e-sports legal website. For more information, please refer to the following link: Mori & Partners – Specialized Website for e-Sports & Gaming Businesses. Building on our past experience, we plan to regularly update the site with insightful columns and articles on e-sports legal matters. We remain committed to supporting the challenges and successes of businesses in the e-sports & gaming industry.
Construction & Real Estate
Our firm offers comprehensive legal services in the realm of real estate and construction projects, ensuring our clients receive expert guidance at every stage.
Our areas of expertise include:
- Reviewing and drafting a wide array of transaction documents, encompassing purchase and sale agreements, lease and sub-lease agreements, and service agreements for office buildings, among others.
- Providing tailored advice on real estate-related laws and regulations, including the Building Standards Act, the City Planning Act, and the Real Estate Brokerage Act.
- Representing clients in various real estate-related disputes, such as rent-adjustment lawsuits, construction arbitrations, and environmental disputes concerning land contamination, asbestos remediation measures, and more.
Our team of experienced attorneys strives to provide clients with the highest level of service, ensuring that their real estate and construction projects proceed smoothly and in compliance with all relevant laws and regulations.
Japan Market Entry Support
Our firm provides comprehensive legal support to international companies that have established, or are planning to establish, operations in Japan.
Our experienced team of attorneys offers tailored advice on a wide range of matters, including:
- Assisting clients in selecting the most appropriate corporate form for their business needs and objectives.
- Guiding clients through the process of incorporating their business in Japan, ensuring all necessary procedures are completed accurately and efficiently.
- Preparing and reviewing internal rules and policies in both Japanese and English, to ensure compliance with local laws and regulations.
- Drafting, reviewing, and advising on various types of contracts, including but not limited to, service agreements, supply agreements, and licensing agreements.
- Addressing various day-to-day legal issues that may arise during the course of business operations, such as employment matters, regulatory compliance, dispute resolution, and more.
Our goal is to serve as a trusted legal partner for international companies doing business in Japan, helping them navigate the complexities of the local legal landscape and ensuring their operations run smoothly and effectively.