
Meet Our Attorneys

Junichi Aratake
Junichi Aratake
Career
- Born in 1956
- Graduated from Keio University, Faculty of Law
- April 1986
- Registered with the Tokyo Bar Association; Joined Sakura Kyodo Law Office
- April 1991
- Became a Partner at Sakura Kyodo Law Office
- July 1994
- Studied abroad at Columbia Law School in New York City
- May 1995
- Earned a Master of Laws (LL.M.) degree from Columbia Law School
Subsequently remained at the law school’s graduate program as a research scholar - January 1996
- Joined SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP in New York City
- January 1997
- Returned to Japan and resumed position as a Partner at Sakura Kyodo Law Office
- Practice Areas and Experience
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[1. Litigation and Dispute Resolution]
By focusing my practice as a trial lawyer, I differentiate myself from international transaction lawyers who may have limited litigation experience. Consequently, I possess extensive experience in litigation and dispute resolution. My track record in each specific field is as follows:
(1) General Civil Litigation
In general civil litigation, I have rich experience handling a vast array of cases across almost all areas of general civil law, including real estate, landlord-tenant disputes, loan recovery, damages claims (such as traffic accidents and medical malpractice), divorce, and inheritance.
In real estate litigation, I have handled numerous cases where the formation of contracts or breach of contract was at issue. I also handle matters involving the Act on Building Unit Ownership (Condominium Law).
Regarding landlord-tenant relations, I have extensive experience in disputes over the existence of justifiable grounds for the termination or non-renewal of land and building leases. As a matter published in legal journals, I represented the tenant in a case involving a claim for the removal of a building and vacation of land (Hanrei Jiho No. 1375). In this case, the first-instance judgment had granted the landowner’s claim for vacation on the grounds of personal necessity amid aggressive land-buying tactics. However, in the appellate court, I successfully overturned the decision and won a judgment dismissing the landowner’s claim. In recent years, I have continuously handled cases concerning the validity of rent reduction claims in leaseback (sublease) contracts.
In damages claims arising from traffic accidents, I actively handle recent controversial cases regarding non-payment of insurance claims by non-life insurance companies. Additionally, in a case published in a legal journal involving a claim for damages (representing the victim) (Hanrei Jiho No. 1342), I successfully won a judgment rejecting the insurance company’s claim for proportional liability reduction in a case where a victim with cervical sprain suffered prolonged treatment due to high susceptibility to psychological trauma.
Furthermore, in the area of medical malpractice, a case published in legal journals (representing the physician) (Hanrei Jiho No. 1537, Hanrei Times No. 890) resulted in a successful judgment that dismissed the arguments of the Japan Medical Association and the non-life insurance company regarding the requirements for applying the Japan Medical Association’s Medical Professional Liability Insurance.
(2) Provisional Remedies
I am thoroughly versed in provisional remedy procedures (provisional attachments and provisional injunctions) as pre-litigation steps. I consistently strive to conduct activities with a view toward eventual enforcement, rather than merely securing a favorable judgment in the main lawsuit.
I also possess extensive experience in methodologies aimed at early dispute resolution leveraging provisional remedy procedures. In labor disputes concerning the validity of dismissals, I have handled numerous cases involving provisional injunctions for the preservation of status and provisional payment of wages. My experience also includes securing provisional injunctions to confirm student status in cases where a vocational school revoked an admission offer on the grounds of hepatitis after issuing an acceptance letter, and where a university issued an unjust expulsion order based on allegations of sexual harassment.
(3) Corporate Litigation
In corporate litigation, I have extensive experience in lawsuits relating to hostile M&As. In the Kokusai Kogyo case, I acted as counsel for the acquirer in handling cases involving petitions for a provisional injunction against the exercise of shareholder rights, petitions for the appointment of a shareholder meeting inspector, petitions for provisional injunctions to suspend the execution of duties by the representative director and directors and to appoint a provisional administrator, petitions for the appointment of an inspector of corporate affairs and property, and petitions for permission to convene a shareholders’ meeting. In the Shuwa Corp. v. Chujitsuya / Inageya case, I handled a petition for a provisional injunction against the issuance of new shares, and in the Pickens v. Koito Manufacturing case, I handled a claim for the inspection and copying of accounting books and records as counsel for the acquirer (these cases have been widely published and commented on in numerous legal journals). Recently, I have handled similar petition cases in a hostile takeover matter involving a shipyard by a foreign fund.
In a case seeking the revocation of an illegal shareholder meeting resolution of a regional newspaper company, I successfully won a judgment revoking the resolution (First instance: Financial and Business Law Precedents No. 1106, No. 1118; Hanrei Times No. 1063; Shoji Homu Document Edition No. 203; Financial Law Journal No. 1603. Appeal instance: Shoji Homu Document Edition No. 204; Financial and Business Law Precedents No. 1118; Shoji Homu No. 1593). I also handle cases involving the validity of the dismissal of directors, the existence of obligations to pay retirement benefits, and shareholder derivative lawsuits.
(4) Financial Instruments and Exchange Act (FIEA) Litigation
In FIEA-related litigation (including commodity futures trading), I have handled damages claims representing both securities firms and customers. Many of these cases involve issues such as violation of the suitability principle, illegal solicitation, breach of the duty of explanation, violation of the duty to protect new clients, churning, and discretionary/unauthorized trading.
In a case representing a customer, where conspicuous “straddle” trading aimed at earning commissions was identified, I successfully won a groundbreaking judgment that awarded not only compensation for economic loss but also emotional distress damages. I also have experience in lawsuits claiming damages based on loss-compensation agreements made by securities firms.
Conversely, acting as counsel for securities firms, I have handled numerous damages claim cases and won favorable judgments.
(5) Tax Litigation
In tax litigation, a case published in a legal journal involved a corporate tax reassessment cancellation claim (Hanrei Jiho No. 1474). A company had appointed the minor child of its representative director as a director and recorded the executive compensation as a corporate expense. The tax authorities disallowed this, claiming it was substantially the income of the father (the representative director). I secured a judgment stating that “the tax authorities failed to present specific grounds for disallowing the minor child’s executive compensation, making the disposition illegal.” Subsequently, in a related case involving a claim for the cancellation of a corporate tax reassessment (Hanrei Jiho No. 1602), where the tax authorities asserted that the compensation paid to the minor child was, from an economic standpoint, paid to the father, I successfully won a judgment invalidating the reassessment on the grounds that the father could not be deemed to have controlled or managed the bank account into which the compensation was transferred, and thus did not enjoy the economic benefit.
I have also achieved successful settlements in cases contesting the assessed value for property taxes.
Currently, I am acting as counsel in a lawsuit challenging the assessment of heavy penalty taxes.
(6) Defamation Litigation
In defamation litigation, I handled media relations during the late Hiroshi Mitsuzuka’s candidacy for the party leadership election, which included filing a petition for a provisional injunction to bar the pre-publication of a magazine. The necessity of the provisional injunction led to fierce arguments with the publisher’s counsel regarding its relationship with the constitutional prohibition of censorship.
I also have extensive experience handling numerous claims for damages and apologies based on defamation on behalf of publishers, acting as counsel for an evening newspaper.
Furthermore, in a unique case, a lawsuit was filed claiming damages for the illegal conduct of a trial by an active judge. The defendant judge, in a fit of passion, responded in the answer that the lawsuit was “intended to make a false accusation to extort money.” An additional claim for emotional distress damages was subsequently filed on the grounds that this response constituted defamation, which was granted in the first instance (where the judge represented himself; Hanrei Jiho No. 1840). In the appellate court, I served as counsel for the judge and, utilizing legal arguments such as the “heat of passion” doctrine, successfully obtained an overturned judgment in favor of the judge (Hanrei Jiho No. 1856).
(7) Computer and IT Litigation
In computer-related litigation, I possess extensive experience handling disputes arising from development contracts between clients and system integrators. In two of these cases, which turned into multi-billion yen damages claims involving clients—a construction company and a securities firm (both listed companies)—and a major system integrator as the contractor, I secured highly successful settlements in favor of the clients.
(8) Intellectual Property Litigation
In matters involving claims of intellectual property infringement, I have resolved the majority of cases through settlement negotiations prior to litigation. For instance, I acted as counsel for a major trading company in negotiations against claims of publicity rights infringement brought by the soccer player Hidetoshi Nakata. In recent years, regarding the manufacturing and sale of recycled printer ink tanks, where Canon and Hewlett-Packard have asserted patent infringement (noting that Intellectual Property High Court Judgment 2005 (Ne) No. 10021 affirmed that infringement can occur depending on the manufacturing method), I am representing recycled product manufacturers in negotiations with patent holders. In a case published in a legal journal involving a claim for damages (Hanrei Jiho No. 1460), I successfully won a judgment awarding damages on the grounds that a major advertising agency had wrongfully obstructed the exercise of merchandising rights concerning the official emblem of the Seoul Olympics.
(9) Class Action-Style Litigation
In class action-style litigation, I represented employees of a bankrupt securities firm in a lawsuit claiming the distribution of residual assets following the abolition of a qualified pension plan system. This was a collective lawsuit involving approximately 900 plaintiffs. By utilizing websites and email, we efficiently and swiftly organized and managed the plaintiffs’ arguments and evidence.
(10) Criminal Defense
In high-profile criminal cases covered by the media, I have served as defense counsel in matters such as a bribery case involving a mayor over a golf course development, a Public Offices Election Act violation case involving the wife of a member of the House of Representatives (a former cabinet minister), a breach of trust case involving executives of the All-Japan Prefectural and Municipal Workers Union (Jichiro), a consumption tax evasion case where the legality of utilizing a special exemption exempting new companies from consumption tax for two years was contested, and a stimulant drug trafficking case involving a newly uncovered Chinese route following the crackdown on a North Korean smuggling route. Beyond these, I have handled numerous criminal cases, including forgery of private documents, Road Traffic Act violations, forcible indecency, violations of public nuisance ordinances, violations of the Stimulant Control Act, and assault and battery.
[2. M&A Matters]
I possess extensive experience in handling M&A transactions.
As mentioned above, I was involved as counsel for the acquirers in all of the major hostile M&A cases of the late 1980s, including the Kokusai Kogyo case, the Shuwa v. Chujitsuya / Inageya case, and the Pickens v. Koito Manufacturing case, through which I built deep expertise. Since then, I have served as counsel for the acquirer for Giken Kogyo Co., Ltd. (Tokyo Stock Exchange 2nd Section), and represented both acquirers and targets in numerous pre-IPO companies. Notably, Giken Kogyo represents the second historical instance in Japan where a hostile takeover succeeded, following Kokusai Kogyo. Although it did not receive widespread media coverage, the acquirers launched a proxy fight, gained the support of major shareholders, won the vote, appointed directors, and participated in the company’s management in a orderly manner. In recent years, I have been active as counsel for the acquirer in a hostile M&A of a shipyard by a foreign fund. At the 2005 annual shareholders’ meeting, where the acquirer initiated a proxy fight, I engaged in intense debates with the current management regarding business policies. Because the company anticipated a close vote and utilized written voting, the counting process took a significant amount of time, resulting in a marathon meeting lasting 4 hours and 30 minutes—the longest among listed companies that year (Shoji Homu Document Edition, July 2005 issue, p. 145)—though the discussions were highly substantive and productive.
Additionally, in an M&A transaction between drugstore chains, I represented the acquirer. Since the target’s management initially rejected the acquisition, we launched a hostile TOB (Takeover Bid), later successfully secured an opinion of support through negotiations, and completed the acquisition. This matter further involved procedures such as squeeze-outs to eliminate minority shares in order to take the acquired company private.
In friendly M&As, I have extensive experience conducting legal due diligence (DD). The target companies span a wide variety of sectors, including cosmetics, video games, confectionery, apparel, restaurant management, record labels, drugstores, travel agencies, hospitals, and educational institutions.
[3. Investment Business (Fund Formation) Matters]
I have extensive experience handling buyout funds, corporate turnaround funds, venture capital funds, and real estate funds. My practice covers the entire lifecycle from fund formation to exit, including drafting and reviewing fund agreements and prospectuses, providing advisory services on legal regulations and compliance issues, handling M&A activities during corporate acquisitions, and drafting and reviewing contracts required for real estate investments.
[4. IPO Support]
I actively provide IPO support for venture enterprises.
To date, I have been involved in supporting dozens of venture companies, two of which have successfully gone public, with one scheduled to list soon, and another scheduled to list next year. Venture companies often face shortages in administrative and governance personnel, and they frequently receive guidance from lead underwriters and stock exchanges to reinforce these divisions. To meet these demands, I actively engage in support operations.
Furthermore, in preparation for life post-IPO, I provide guidance on the operation of shareholders’ meetings, advice on investor relations (IR), and counsel on establishing internal control systems to manage shares and prevent insider trading.
[5. Bankruptcy and Corporate Restructuring]
I also possess extensive experience in bankruptcy and corporate restructuring.
In liquidation-type proceedings aimed at winding up insolvent corporations, I have handled numerous corporate liquidations through bankruptcy, special liquidation, and voluntary liquidation. Notably, I served as the liquidator for Kanebo Gohsen, Ltd., which had been responsible for Kanebo’s synthetic fiber division. Previously, I also accepted appointments from the court as a bankruptcy trustee.
In rehabilitation-type proceedings aimed at business restructuring, prior to the enforcement of the Civil Rehabilitation Act, I accumulated experience reconstructing diverse business entities through corporate reorganization for large enterprises and composition (Wagi) for others. Because the Composition Act contained many deficiencies compared to the current Civil Rehabilitation Act, special expertise was required to file for the commencement of composition and to continue business operations, including cash flow management. It was common for the filing attorney to fight single-handedly to secure a commencement decision from the court. Under such conditions, in addition to general operating companies, I successfully completed compositions for Compile (a Hiroshima-based venture company that took the world by storm with the game “Puyo Puyo”), a hospital in Okinawa, and an educational institution in the Tokyo suburbs. Since the enforcement of the Civil Rehabilitation Act, I have continued to handle cases by maximizing the expertise cultivated during the composition era. My cases under the Civil Rehabilitation Act include serving as filing counsel for golf course operators, apparel manufacturers, and gas station operators.
Additionally, a method leveraging M&A to invite sponsor companies has become well-established in recent corporate restructurings, and I have extensive experience acting as counsel for the sponsor side in numerous negotiations. Among these, I served as the comprehensive legal advisor throughout the acquisition and subsequent listing of Hirota Co., Ltd. (a long-established cream puff manufacturer), which had filed for civil rehabilitation, by 21LADY Co., Ltd. (unlisted at the time of acquisition). 21LADY successfully turned Hirota around, made it its core business, and went public just one year after the acquisition, attracting significant attention as an IPO of a rehabilitated company.
[6. Intellectual Property Rights]
In the area of intellectual property rights, I have extensive experience in drafting, preparing, and reviewing a vast volume of licensing agreements aimed at clearing copyright permissions. These agreements cover a wide range of fields, including computer software, databases, computer graphics, games, and maps. I also have a proven track record of drafting and preparing large-scale system development contracts (system integration contracts) running dozens of pages.
Furthermore, I frequently lecture in this field for the Tokyo Chamber of Commerce and Industry, industry associations, and seminar organizers, and have published numerous works. As a culmination of my research on copyright law, I authored “Business Copyright Law” (Sankei Shimbun Shuppan). I have also launched a website (http://www.netlaw.co.jp) that lists the judicial precedents cited in “Business Copyright Law.”
[7. Corporate Advisory Services]
I maintain corporate advisory contracts with dozens of companies, providing comprehensive legal advice on all aspects of corporate legal issues.
[8. Other Experience]
I serve as a corporate auditor for several joint-stock companies (Kabushiki Kaisha), including listed corporations. I also have experience serving as an attorney-director, a requirement for asset servicing companies (servicers).
I possess a deep understanding of the Act on Specified Commercial Transactions, having experience setting up multi-level marketing businesses in strict compliance with the Act, serving as an advisor to major multi-level marketing operators, and advising numerous internet-based mail-order businesses.
I also have extensive experience in franchise businesses.
Furthermore, I am well-versed in the Personal Information Protection Act and IT-related laws.
[9. Track Record of Clients Represented]
【Listed Companies】
Core Co., Ltd. / PROPAST Co., Ltd. / Glowell Holdings Co., Ltd. / 21LADY Co., Ltd. / Dentsu Inc. / Yamada Servicer Synthetic Office Co., Ltd. / Imagineer Co., Ltd. / JVC KENWOOD Holdings, Inc. / ADVAN CO., LTD. / Okaya & Co., Ltd. / Itochu Corporation / Kanematsu Corporation / Mitsubishi Corporation / Kanematsu Electronics Ltd. / Daiei, Inc. / Mizuho Securities Co., Ltd. / Sawada Holdings Co., Ltd. / Mainichi Comnet Co., Ltd. / Kokusai Kogyo Holdings Co., Ltd. / Daito Kooun Co., Ltd. / Shobunsha Publications, Inc. / H.I.S. Co., Ltd. / CSK Holdings Corporation / Sumikin Bussan Corporation
【Local Governments & Public Figures】
Miyazaki Prefecture (Governor Hideo Higashikokubaru) / Minato Ward / Hiroshi Mitsuzuka
【International Clients】
Republic of Haiti / Reuters / Deutsche Bank / Credit Suisse / Emirates Airline (UAE) / Nu Skin