Anderson Mori & Tomotsune represents clients in a wide range of financial products and derivatives-related cases, drawing from our established expertise in complex financial products and derivatives transactions. The Firm has considerable experience in successfully handling cases seeking damages for unjust enrichment in relation to complex financial transactions, such as swaps and other derivative transactions. Examples of our experience include the following: Acting for a Swiss-based bank in a damages suit that it filed against a Japanese trading house (the amount of damages claimed by our client is over JPY 20 billion, which is one of the highest amounts currently in dispute before Japanese courts); Successfully defending an international financial institution in a damages suit filed by a Japanese customer who alleged inadequate disclosure a derivatives transaction. The case was dismissed at trial by the Tokyo District Court; and Successfully defending an international financial institution in a damages suit filed by a Japanese partnership for whom our client acted as an administrative agent.

Anderson Mori & Tomotsune advises on a wide variety of real estate related disputes, such as general disputes arising out of real estate transactions, litigation claiming for rent increase/decrease, construction related disputes. Even in the field of disputes involving complicated real estate investment funds and structured finance schemes, we provide high-level legal services in order to help our clients achieve their goals by taking advantage of our experience in these types of complicated finance transactions.

We have broad experience and knowhow in labor and employment dispute resolution such as litigation, provisional disposition, labor tribunal, and remedies for unfair labor practices. We are also strong proponents of alternative dispute resolution mechanisms and are aware that litigation, etc. is not always the best solution for labor and employment disputes. We therefore not only assist our clients in dispute resolution but also proactively advise clients on how to resolve disputes in an amicable and cost efficient manner. We have also advised clients on how to implement effective day-to-day personnel management systems and appropriate personnel strategies, so as to avoid disputes as far as possible.

Companies subject to the JFTC investigations are frequently at risk of civil claims from their counterparties both in Japan and in international cases in the U.S. and increasingly the EU. Over the years AMT has developed deep expertise in defending clients in such civil claims in court, including in formulating strategies for dealing with the U.S. class actions. We ensure that we provide practical advice to our clients, taking into full consideration the possible litigation risks from the very start of the JFTC’s investigation of an alleged infringement. In addition, we also advise clients on administrative penalties (i.e. so-called "de facto" penalties imposed by central, municipal or local governments and state companies of Japan) or suspensions from participating in bidding for public projects.

We have an established record of success and substantial expertise in representing clients during tax audits and providing strategic advice in response to tax authority inquiries. Our experience extends across the full spectrum of tax disputes, including corporate tax, income tax, consumption tax (VAT), customs duties, inheritance tax, and gift tax. We can skillfully manage the administrative appeal process preceding litigation, such as requests for reinvestigation and administrative reviews, while always keeping a strategic focus on the potential for tax litigation. Our deep understanding of the intricacies of taxation has consistently enabled us to secure favorable outcomes for clients in a wide array of tax litigation cases, earning our firm high regard both domestically and internationally. We also possess extensive knowledge and experience in tax-related dispute resolution, including professional liability disputes involving tax advisors.

Anderson Mori & Tomotsune ("AMT") has extensive experience in commercial litigation. Some typical examples of the types of cases handled by AMT include: disputes involving inter-company transactions, distributor termination disputes, demands for return of loans, petitions for injunctive relief for damage to credit and disputes involving the wrongful actions of corporations or their employees. In order to ensure the swift resolution of commercial disputes at an early stage and appropriately protect clients’ rights, it is critically import to effectively use temporary restraining orders such as a provisional attachment or preliminary injunction. In these circumstances, prompt action is imperative, not only for the party seeking such orders, but also for those against whom petitions seeking such orders are made. AMT specializes in achieving swift and effective dispositions of such proceedings and obtaining the best results for our clients. AMT also holds a proven track record in handling compulsory enforcement proceedings such as surrenders of real estate.

-International Litigation and Cross-Border Trade Disputes International transactions and cross-border disputes raise complex questions of jurisdiction, applicable law, and interpretation of treaties. We have accumulated considerable experience and expertise in these types of disputes. In addition, we are particularly skilled at obtaining judgments to enforce international judgments or arbitral decisions for our clients. -Multi-jurisdictional Litigation Support We have broad experience in obtaining recognition and enforcement in Japan of international judgments and arbitral decisions, advising on and assisting with the service of process for multi-jurisdictional litigation (for example, under the Convention on Consular Relations and the Hague Service Convention), collecting evidence, preparing affidavits, conducting discovery procedures in Japan, document requests and deposition of Japanese nationals (i.e., submitting documents to and taking depositions onsite at embassies and consulates in Japan), examining witnesses under international agreements for mutual assistance in judicial proceedings, providing expert testimony on Japanese law, and successfully applying for temporary restraining orders over assets located in Japan. -Examples of our experience include the following: ・Successfully representing a European company in a business dispute with its Japanese joint venture partner. We obtained a preliminary injunction from the Tokyo District Court, which allowed our client to recover control over the joint venture subsidiary. ・Successfully representing a major multinational corporation in a product liability case filed by one of its customers in Japan. The Tokyo District Court's dismissal of the plaintiff's claim was upheld on appeal.

Anderson Mori & Tomotsune has developed unique competency in all areas of alternative dispute resolution ("ADR"). We are not only able to represent our clients before all of the premier arbitral institutions, but are able to advise on the structure of ad hoc proceedings, serve as arbitrators, and participate as an expert witness. We have extensive experience in arbitrations before the major permanent arbitration bodies and other ADR institutions (including those affiliated with local bar associations). In addition to representing our clients in such arbitration proceedings, we can advise on the structure and operation of ad hoc arbitrations (non-administered arbitrations) and private mediation processes, where judges and other professionals may serve as mediators. We are also able to serve as an arbitrator or mediator, as well as an expert witness whenever required.

IP Litigation Anderson Mori & Tomotsune has substantial experience in representing both proprietors (plaintiffs) and alleged infringers (defendants) in litigation for infringement of patent, trademark and design rights, copyrights, know-how and other intellectual property rights brought before the Tokyo and Osaka District Courts and other courts. In addition to our successful trial practice, we have achieved significant success in arbitration and other dispute resolution venues. Our experience includes obtaining preliminary injunctions and other similar remedies. The lawyers on our patent litigation team have in-depth understanding not only of the relevant patent laws, but also the science and technology underlying patent disputes, which aids significantly in the development of winning litigation strategies for our clients. We handle these matters using cross-functional teams consisting of AMT's litigation attorneys (bengoshi) and patent attorneys (benrishi). Advisory Opinions (Hantei) and Japan Patent Office Trials (Shimpan) AMT has significant experience in providing advisory opinions (Hantei) as well as representing both claimants and respondents in trials before the Japan Patent Office (Shimpan) in situations where the validity of a patent is in dispute. Our experience includes representing clients in ex parte and inter parte proceedings before the Intellectual Property High Court of Japan seeking the revocation of Japan Patent Office trial decisions. Shimpan are administrative proceedings through which the Japan Patent Office considers and rules on the validity of a patent. Such proceedings are often initiated during or in anticipation of patent litigation. We have handled many matters involving Shimpan proceedings and concurrent patent infringement litigation. One of the keys to our success in this area has been the close cooperation and strategic coordination between our IP practice team handling the Shimpan proceedings and the litigation practice teams within our Firm. Customs Actions Our Firm has considerable experience in representing claimants and alleged infringers (respondents and/or importers) in customs actions and border detentions where an injunction has been sought from the Japan Customs Office to halt the importation of products that allegedly infringe on IP rights. In view of the acute time pressures involved in complying with Customs Office procedures, we typically assemble a team of specialist attorneys who can resolve the problem in a timely and cost efficient manner. Unfair Competition Litigation Our Firm has wide experience in representing both plaintiffs and defendants in unfair competition litigation brought in the Tokyo and Osaka District Courts and other courts. Although we are aggressive litigators, we also counsel clients on how best to mitigate the cost and extent of litigation and, depending on the facts and circumstances, to consider other remedies, including injunctive relief, licensing arrangements and other strategies. Unfair competition cases are often tied to alleged trademark infringement or product quality misrepresentation actions. One of the keys to our success in this area has been the close collaboration between the teams handling unfair competition cases and the other lawyers in our Firm handling related actions either at trial or in proceedings before the Japan Consumer Affairs Agency. By sharing resources and expertise, our multi-departmental teams are able to achieve optimal results for our clients in domestic and international unfair competition matters. Inventor Remuneration Suits and IP Ownership Litigation AMT has extensive experience with inventor remuneration litigation as well as negotiations and procedures that precede such litigation. In this type of litigation, we primarily represent employers. Due in part to the numerous cross-border factors (e.g., multiple and geographically diverse revenue streams underlying a disputed patent) that must be taken into consideration in determining such remuneration, our attorneys working in this area have developed a deep understanding of international licensing practices and patent systems. We also have significant experience litigating IP ownership disputes, including claims made by former joint-development partners or former employees. License Agreement Litigation/Dispute Resolution AMT represents clients in licensing disputes, applying, as appropriate, the full range of the dispute resolution framework, such as litigation and arbitration, to resolve such disputes. We have appropriately resolved these matters through our analyses and expertise not only of the underlying contractual issues and procedural law but also of patent infringement, patent validity, and antitrust laws. Joint Development and Content Utilization Litigation/Dispute Resolution Our Firm represents clients in joint development and content utilization disputes. In developing an appropriate resolution for joint development and content utilization disputes, we take into consideration not only the underlying contractual issue and procedural law but also analyze antitrust and other relevant laws. IP Infringement and/or Validity Opinions AMT has considerable experience rendering opinions regarding IP infringement and/or IP validity in connection with so called "Freedom of Operation" diligence investigations, anticipated litigation, or license agreement negotiations. We also regularly assist our Japanese clients in seeking similar opinions from attorneys in other jurisdictions.

An administrative agency's disposition, if dissatisfactory, can be contested by filing an appeal to the relevant agency. Anderson Mori & Tomotsune ("AMT") can provide support in filing such an appeal by using the special procedures for the resolution of disputes (through trial proceedings at the Financial Services Agency, Japan Fair Trade Commission, the Patent Agency or the National Tax Tribunal, or at the Telecommunications Business Dispute Settlement Commission or the Government Procurement Complaints Reviewing Commission etc.), or by filing an administrative lawsuit. AMT has many lawyers with extensive experience in working in various administrative agencies. By maximizing the knowledge and experience of these lawyers, AMT is able to skillfully advise and support both businesses and the government, as well as act as attorneys for both parties.

Anderson Mori & Tomotsune ("AMT") understands that in disputes involving product accidents, an accurate analysis of the facts is critical to ascertaining the responsible party. AMT also understands that protecting and preserving reputation is essential is such cases. However, when necessary in order to resolve product liability disputes, AMT is accomplished at reconciling the interests of related parties, such as other related businesses (including component manufacturers or distributors) and insurance companies, to the benefit of our clients. AMT is highly experienced in products liability disputes and has a long history of successfully handling group actions, both domestic and international. AMT provides comprehensive advice regarding product accidents, including recalls and responses to victims, interested parties and the government.

Anderson Mori & Tomotsune has considerable expertise in handling franchise litigation and alternative dispute resolution proceedings. Our representative experience includes representing clients in disputes involving the following matters: ・Soliciting prospective franchisees; ・Franchisor’s guidance and assistance in the management and operation of the franchisee's business; ・Royalty payments; ・Termination or expiration of franchise agreements; ・Covenants not to compete; and ・Trademark infringement and unfair competition. Utilizing our Firm's expertise in resolving franchise disputes, we also provide strategic advice to clients in order for them to avoid future disputes in any aspect of the franchise business.

We advise and represent our clients in securities litigation that may be filed as a result of any corporate misconduct as well as large and complex litigation involving multiple companies. Our expertise ranges from domestic litigation and arbitration to international lawsuits involving multiple jurisdictions and which require skilled professionals.

With a profound understanding of the Companies Act of Japan ("Companies Act"), Anderson Mori & Tomotsune ("AMT") has significant experience in successfully handling disputes requiring such expertise. Using our understanding, AMT supports and advises new and existing clients that are involved in disputes concerning the Companies Act. AMT has represented our clients, both as plaintiffs and defendants, in various disputes relating to the Companies Act including, shareholder derivative actions; actions for rescission; actions for invalidation of a resolution of a shareholders' meeting; actions for invalidation of a resolution of the board of directors; actions seeking an injunction against or invalidation of the issuance of share options; actions for dismissal of directors; and actions to seek an injunction against illegal acts. AMT also handles provisional civil procedures incidental to the aforementioned types of disputes. AMT is similarly skilled in handling lawsuits concerning the Financial Instruments and Exchange Act of Japan, such as those related to alleged false statements in disclosed documents. AMT's services related to these Acts, however, extend far beyond just disputes - AMT routinely provides legal services relating to non-contentious court procedures, including actions filed by dissenting minor shareholders seeking the determination of the purchase price upon their exercise of the right to demand share purchase.

Anderson Mori & Tomotsune has considerable experience and know-how in handling inheritance and business succession disputes. Our experience has included advising clients in connection with disputed matters such as conciliation for the division of an estate, litigation to claim abatement of a (testamentary) gift, and business succession litigation concerning the control of family-owned and closely held companies following the death or withdrawal of a principal shareholder or partner. In addition to our litigation expertise, we are experienced with alternative methods of dispute resolution such as mediation and arbitration. We also advise clients on how to avoid estate and business succession disputes, by providing careful counsel on the preparation, custody and execution of wills, and innovative advice on the structuring and establishment of family-owned and closely held businesses to avoid potential tax and legal problems in the future. We are highly effective in representing and advising English-speaking clients involved in, for example, inheritance disputes in situations where the heirs or ancestors are Japanese nationals or where the inherited property is located in Japan. Other relevant experience includes advising on business succession disputes involving Japanese domiciled companies owned or controlled by non-Japanese individuals or entities. In our practice, we always strive to achieve the best solution for our clients, carefully examining all aspects of a given situation, including domestic and international tax issues. In that regard, we regularly work with lawyers in other countries to assist clients in complying with complex multijurisdictional tax and other rules. Our Firm also represents the interests of estates and beneficiaries against the government in connection with tax disputes, which are often resolved through negotiation. -Examples of our experience include the following: •Acting for a U.S. resident in a court mediation procedure in Japan involving the division of inherited Japanese real property. Our representation included negotiating contracts with lessees and buyers of the property, and assisting the client in filing inheritance and estate tax returns in Japan and the U.S., which required skillful negotiation with the Japanese tax authorities; •Acting for an heir resident in Korea and two Japanese heirs in a court procedure in Japan involving a dispute with their mother over the division of their father's estate, which was governed by Korean law. One of the central issues was agreeing to an appraised value for certain property and buildings in a major commercial area in Tokyo; and Acting for a Japanese heir resident in California in a lawsuit in Japan to exercise a claim for abatement of testamentary gifts to preserve the statutory reserved portion, which involved an appraisal of the value of shares of stock in the companies that were included in the gift.

Anderson Mori & Tomotsune ("AMT") has expertly represented our corporate clients in various disputes filed against them by consumer claimants pursuant to consumer protection laws, as well as claims filed pursuant to the Consumer Contract Act of Japan (a so-called "Japanese Class Action"). AMT is extremely adept at managing claims filed by numerous consumers arising from services provided to them in relation to, among other things, product liability; liability arising from the sale of financial instruments; liability arising from general tortious acts; and contract liability. For these cases, where substantially similar claims are repeatedly filed by a vast number of consumers, AMT provides comprehensive dispute resolution support which enables a holistic management of potential client risks, including reputational risks. In addition to disputes support, AMT also offers comprehensive legal services relating to the implementation of recalls and the related responses to governmental agencies.

Anderson Mori & Tomotsune ("AMT") is well versed in handling a wide range of disputes involving insurance contracts (including reinsurance) both on behalf of insurance companies and the insured. Having litigated a wide range of insurance disputes, AMT has a thorough understanding of insurance products, from life insurance sold to general consumers to business risk insurance such as general liability insurance, products liability insurance, overseas business liability insurance and directors’ and officers’ liability insurance. As a result of its successes in this area, AMT has advised insurance industry organizations about alternative dispute resolution ("ADR").

The increasing innovation in information technology has underscored the importance of Anderson Mori & Tomotsune's ("AMT") expertise in information management and internet related disputes. Information management and the protection of personal information present serious compliance issues for businesses. Because information leaks and instances of infringement are not rare, the number of disputes is rapidly growing, both for individuals and business enterprises. By utilizing our extensive expertise, however, AMT is able to effectively support clients in such disputes to achieve their goals. AMT's IT expertise is not just limited to information management; it extends to system development and management. This is critical because as systems become increasingly complicated and larger in scale, more disputes arise concerning the requirement definition and range of work by contract. AMT also is able to effectively support clients in connection with such disputes and those related to system development and management.

As a result of the disclosure or misappropriation of their trade secrets, companies often suffer severely negative consequences. To mitigate or avoid such consequences, prompt action is required as soon as the disclosure or misappropriation is discovered. Anderson Mori & Tomotsune ("AMT") is exceptionally proficient in resolving trade secret disputes efficiently and advantageously for clients. AMT has multiple skilled professionals with backgrounds in engineering and pharmaceutical sciences. By maximizing the diverse and extensive knowledge of our professionals, AMT has the capacity to provide comprehensive legal services relating to not only civil complaints, but also to criminal complaints if the trade secrets at issue are protected by criminal law.

Anderson Mori & Tomotsune ("AMT") has expertly advised our clients on various disputes involving the development and management of energy and natural resource projects. Due to the nature of these projects, multiple rights holders and enterprises are involved and make substantial investments to acquire sites or construct facilities. Disputes, therefore, often arise over the allocation of interests and responsibilities. Additionally, because these projects are ongoing for a long period, multiple different disputes over the length of that period are typical and require a careful management of the ongoing relationships. Based on our extensive experience, AMT provides unmatched support for disputes of this type.

Thoroughly conversant in the laws and regulations governing the pharmaceutical and healthcare industries, Anderson Mori & Tomotsune ("AMT") routinely advises healthcare providers, including pharmaceutical companies and medical equipment manufacturers, both domestic and international. AMT also has extensive experience in handling disputes involving such providers. Examples of disputes handled by AMT include disputes arising from product liability, patents, trade secrets or competition law between business alliance partners including participants in joint developments, distributors and manufacturers or concerning consumers.

Whether domestic or international, construction and infrastructure projects, that exceed a certain size have to be proceeded with the involvement of multiple parties. In addition, parties to such projects need to respond to natural phenomena and changes in site conditions that are difficult to foresee in advance. As a result, it is not uncommon for various disputes to arise between the parties and with third parties. The resolution of such disputes often requires the use and understanding of professional and technical expertise as well as the legal understanding of a relevant contract and other documentation. AMT holds a proven track record in handling the resolution of such disputes, both domestically and internationally. Based on this experience, AMT also provides strategic advice for clients to prevent the occurrence of future disputes.

As economic globalization progresses, bilateral investment treaties (BITs), multilateral investment treaties (including the Energy Charter Treaty) and investment chapters of Free Trade Agreements (FTAs)/Economic Partnership Agreement (EPAs) are of significant importance as they provide for the protection of investors’ investments. If a host country violates an investment treaty, the investor may file an arbitration against the host country based on the investor-state dispute settlement (ISDS) clause in the investment treaty. AMT has a team with extensive knowledge of international investment law and ISDS clauses. AMT provides strategic advice on the use of investment treaties and investment arbitrations for our clients.

In an action for professional liability, the question arises as to the level of knowledge, skill and technique normally required for such professionals and what is the duty of care and/or accountability owed to the client. Such issues are determined by taking into account the social function of the relevant profession, the nature of the work and the relevant contractual provisions with the client. AMT has handled disputes relating to professional liability, including breaches of auditors’ (accounting auditors) duties under the Financial Instruments and Exchange Act and the Companies Act, breaches of audit firms’ duties in support of IPOs, and breaches of architects’ duties in the design of large-scale facilities. In addition to this proven track record and experience, AMT has also developed close relationships with professionals in a wide range of fields, such as doctors and architects through its cases. Based on such interactions, AMT has a deep understanding of various professions which enables us to handle a wide range of professional liability disputes.

In recent years, international arbitration involving Japanese parties has been on the rise due to the globalization of the economy and the increasing number of Japanese corporations expanding their business in emerging markets. AMT has extensive experience in international arbitration having represented clients in arbitrations concerning capital and business alliances, joint ventures, M&A, construction projects, infrastructure projects and intellectual property transactions such as licenses, distributorship/agency agreements and sales under the rules of major arbitral institutions such as the ICC, the JCAA, the AAA/ICDR, the LCIA, the SIAC, the HKIAC and the CIETAC. Over the years, AMT also has acted an arbitrator and an expert witness in numerous international arbitrations. In addition to international arbitration, the use of international mediation as an expeditious and cost efficient method for dispute resolution has often been the subject of recent discussion, partly due to Japan's accession to the Singapore Convention on Mediation. AMT has extensive experience in using international mediation. In particular, during the Covid-19 pandemic, AMT represented a client in a mediation that was conducted fully online as the first case to be administer under the JIMC-SIMC Joint Covid-19 Protocol. The protocol was established by the Singapore International Mediation Centre and the Japan International Mediation Centre to facilitate mediation during Covid-19.