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Takahiro Kimura is a co-founder of Kimura, Takushima & Yamaguchi. Takahiro’s primary focus is on providing legal advice and preparing contracts and other documentation in all areas of general corporate matters including mergers and acquisitions, cross-border commercial transactions, as well as labor and employment. He also has extensive experience in dispute resolutions in and out of court in relation to commercial transactions, corporate and business organization, as well as labor and employment. He has also taught civil law as a lecturer at Waseda University school of law for 3 years.
He is a member of the Management Lawyers Council (Keiei Hoso Kaigi) and a member of the Committee of Labor and Employment Issues at the Daini-Tokyo Bar Association.
Before co-founding the firm in 2011, he practiced as an attorney for over ten years at Anderson Mori and Tomotsune,
Noteworthy Projects/Experience:
Mergers and Acquisitions, Business Reorganizations:
Assisted a public Japanese company with the sale of its domestic sales division to a major U.S. company
Provided legal support to a European-based company for its acquisition of shares from a Japanese business corporation
Proposed and assisted with the restructuring of Japanese subsidiaries and branch offices of a foreign-owned company
Provided advice to foreign firms starting up and doing business in Japan (incorporation, immigration matters, human resources and employment, labor contracts, etc.)
Assisted with restructuring and closing procedures of Japanese subsidiaries for foreign companies withdrawing from Japan
Cross-border Commercial Transactions, General Corporate Matters:
Prepared sales contracts, franchise agreements, license agreements, agency agreements, service agreements, employment contracts, and other contracts between foreign and Japanese companies
Advised general corporate matters for insurance companies, financial institutions, airline companies, pharmaceutical companies, software development and sales companies, a European-based import and sales company, a U.S. mail order company, as well as for manufacturers, retailers, medical corporations and consulting firms.
Labor and Human Resources:
Provided legal support for the restructuring of domestic HR and compensation policies as well as retirement benefits and pension scheme s for a Japanese subsidiary and its downsizing in connection with the reorganization of a major financial institution with global operations
Assisted a major financial institution with introducing and implementing its global human resources and wage policy to a newly acquired Japanese subsidiary
Conducted investigations on behalf of a major foreign insurance company in connection with an internal scandal, and also, represented the company throughout the hearings, disciplinary actions, and litigation
Advised and represented an insurance company in settlement negotiations and litigation concerning a harassment claim
Advised and represented a foreign company in settlement negotiations and litigation concerning termination of employment and severance payment terms
Advised and represented a foreign company in connection with a dispute with its former employee over the employee's violation of duty of confidentiality and non-compete obligations
Advised and represented a foreign company in connection with a dispute with its employees over unpaid salaries, and its correspondence with the local Labor Standard Inspection Office
Represented a foreign company in its dispute with a labor union over labor and management issues
Dispute Resolution; Litigation:
Represented a foreign securities company in its dispute with a former director and officer of its Japan subsidiary
Represented a foreign airline company in its defense against a claim raised by an insurance company seeking compensation for an air cargo accident
Represented a foreign broker in its defense against Japanese investors in their securities claims in connection with an investment contract
Represented a foreign insurance company in its commercial dispute with a foreign manufacturing company, which was a former business partner
Publications:
“Drafting Effective Post-Retirement Confidentiality and Non-compete Clauses.” Business Law Journal: September, 2011
“Case Notes on the IBM Japan (company split) Case, Judgment by the Supreme Court on July 12, 2010: Negotiations with workers based on Article 5(1), Supplementary Provisions to the Amendment to the Commercial Code, etc. held as not insufficient and the assignment of employment contracts pursuant to an effective company split effective.” Keiei-hoso: Volume 155, Page 15
“The Focus of Business Legal Affairs 27 and Mental Health Issues.” Nikkan Kogyo Shimbun: November 8, 2010 edition
“Cause of Employee's Mental Health Disorders and Mental Illness, and the Approach to Mental Health Countermeasures Required Against Companies.” The Lawyers: September, 2010
“Labor & Employment Laws and Practice related to M&A – Labor and Personnel Issues Arising from Merger and Acquisitions, Business Transfers and Corporate splits.” Business Homu: August, 2010; co-author
“Important Matters when Reviewing Disciplinary Systems and Applying Disciplinary Rules.” The Lawyers: November, 2009
“Maintenance of Internal Rules for Handling a Company's Confidential Information, and Appropriate Responses to Disclosure of Confidential Information.” The Lawyers: April, 2008
“Study Report of Recent Court Precedents – Cases where the Court Declared Disciplinary Dismissal Null and Void due to Misappropriation of Trade Secrets.” Journal of Management Lawyers Council: 155-30; 2007
“Most Recent Literature – “Legislation about Employment Contract Law in Foreign Countries.” edited by Hisashi Araki, Ryuichi Yamakawa and The Japan Institute for Labor Policy and Training; Journal of Management Lawyers Council: 151-71; 2006 -
Lectures:
“Coaching Difficult Subordinates and Power Harassment.” 2011
“Trends in Recent Power Harassment Cases and Practical Countermeasures.” 2011
“Assignment of Employees, Legal Due Diligence, and Organizational Integration in Mergers and Acquisitions.”Institute for Financial Affairs: 2010
“Practical Approach to Wage Cutting and Reduction of Retirement Benefits and Corporate Pensions, as well as Conflict Prevention.” 2010
"Promotion of Streamlining Business Processing - Overtime Work Problems and Leveraging Outside Personnel.”2006
“Knowledge of Human Resource and Labor Affairs that Managers Need to Know. 2005 and 2006
“Current Status of Leaked Intellectual Property and Corporate Data as well as Practical Precautionary Measures.”2005
Languages:
Japanese
English
Education:
Boston University School of Law, LL.M. in American Law - 2009
The Legal Training and Research Institute of the Supreme Court of Japan - 2000
Waseda University, School of Law, Bachelor of Law - 1998
Bar Admission:
Japan