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:

“Report of the 15th Annual Conference on Important Precedents [5] [6] - Recent Cases on Concurrent and Competitive Business Conduct, etc. during Employment and after Retirement” Management Lawyers Council Bulletin, December 2021, No. 210
“Court Decisions on the Legality of Non-Reappointment of Temporary Workers with Congenital Intellectual Disabilities (Suita City (Temporary Workers) Osaka District Court Decision of February 13, 1991)” Quarterly Civil Service-Related Latest Judgments, and Practical Questions and Answers No. 25; 2021
“Introduction of 'job-type' employment in Japan and practical issues” Management Lawyers Council Bulletin, No. 100; 2021
“The Current Status and Issues of Regulation of Employment Placement Businesses under the Employment Security Act - Impact on Job Seeker and Recruiter Information Platform Businesses" Management Lawyer, December 2020, No. 206
“Voluntary Retirement, Early Retirement, and Retirement Incentives - Persuasive Presentation of the Company's Current Situation and Future Vision after Workforce Reduction is Key” Business Law Review, October 2020
“Responding to Human Resource Shortages - On the Premise of 'Work Style Diversity’” Management Lawyers Council Bulletin, July 2018, No. 92
“A Case in which a Disciplinary Action against a Whistleblower for Violation of Employee Rules was Contested as Retaliation for Whistleblowing (Ministry of Defense Case for Revocation of Disciplinary Suspension, Tokyo High Court Decision on January 28, 2015)” Quarterly Civil Service-Related Latest Judgments, and Practical Questions and Answers, No. 8; 2017
“Considerations for Workers with Injuries and Illnesses in Practice - Support for Balancing Illness Treatment and Professional Life” Management Lawyers Council Bulletin, March 2018, No. 196
“Equal Pay for Equal Work” Civil Service-Related Judgment Bulletin, December 2016
“Points to Consider on the Adequacy of Disciplinary Action in Practice” Management Lawyers Council Bulletin, July 2016, No. 85
“Efforts to Reduce Disparities in Working Conditions - Legal Amendments and Practical Responses to Fixed-Term, Part-Time, and Temporary Staffing” Business Law Review, April 2016
“Report on the Third Annual Review Meeting of Important Precedents” Business Lawyer, December 2015, No. 187
“Legal Issues for Management of Fixed-Term Contract Workers Following Recent Labor Law Amendments” Business Guide, May 2015, No. 804
“Industrial Physicians and Lawyers Answer Eight Questions that Workplaces Have” Business Homu, January 2015
“Practical Measures for Reinstatement After Administrative Leave” Business Law Review, December 2014
“Disciplinary Action and Injunction (2004 Amendment to the Administrative Case Litigation Act): Court Decisions on Requests for Preliminary Injunction of Disciplinary Action for Insubordination” Quarterly Journal of Public Service-Related Precedents, December 2014, No. 165
“36th Labor Law Practice Study Group of the Management Lawyers Council - The Current State of Joint Labor Unions - Basic Knowledge that Personnel and Labor Relations Managers Need to Know” Management Lawyers Council Bulletin, November 2014, No. 79
“The 33rd Labor Law Practice Study Group of the Management Lawyers Council - Points to Note in Practice Concerning Workplace Diversification and Treatment of Employees: Balance of Treatment of Fixed-Term and Elderly Employees and Reasonable Consideration in Employment of Persons with Disabilities” Management Lawyers Council Bulletin, November 2013, No. 76
“Fixed Term Labor Contract Legislation” Civil Service-Related Judgment Bulletin No. 432; 2014
“Correction of Disparities in Working Conditions and Freedom of Labor Contracts - Requirements and Effects of Article 20 of the Labor Contracts Act from the Perspective of Employer's Attorney” Freedom and Justice January 2014, Volume 65-1
“Treatment of Fixed-Term Contract Employees (Issues Concerning Article 20 of the Labor Contracts Act)” Management Lawyers Council Bulletin, November 2013, No. 76
“Global Human Resources and Labor Law in Practice Associated with Expansion into Asia: Points to Note in Recruitment and Dismissal of Employees, Changes in Position, and Labor Management in Different Jurisdictions” Labor Law Council Bulletin, No. 2454; 2013
“Actual Cases of Labor Tribunal (No. 24): Expectations for Continuous Employment of the Elderly and the Legal Principle of Termination of Employment” Central Labor Relations Journal March 2013, No. 1158
“Practice of Corporate Restructuring: HR's Response to Mergers - Basic Explanation and Q&A on Treatment of Laws and Regulations, and Points to Note in Practice” Rosei Jihou No. 3826; 2012
“The 107th Keidanren Labor Law Forum, Day 2: Discussion Session - Measures to Address Recent Amendments to Labor Legislation: Bills to Amend the Act on Stabilization of Employment of Elderly Persons and the Labor Contracts Act” Journal of Management Lawyers Council, No. 174; 2012
“Measures to Address the Recent Amendments to Labor Legislation: The Impact on Employment Practices of the 2012 Amendment the Act on Stabilization of Employment of Elderly Persons and the Labor Contracts Act” Labor Economics Case Bulletin, Vol. 63-25, No. 2149
“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:

“57th Labor Law Practice Study Group of the Management Lawyers Council: Introduction of 'Job-type' Employment in Japan and its Practical Issues” Management Lawyers Council, Labor Law Practice Study Group (2020)
“How to Deal with Employees under the Situation of the Spread of Novel Coronavirus” Tokyo Employers' Association (2020)
“Measures to Prevent Harassment in Workplaces” Tokyo Chamber of Commerce and Industry (2018)
“Responding to Human Resource Shortages - On the Premise of 'Diverse Work Styles' (Points to Consider When Using Employees with Secondary or Concurrent Jobs)” Management Lawyers Council, Labor Law Practice Study Group (2018)
“Personnel and Labor Management Responses to 'Employees with Poor Work Attitude'“ Study Group on Contentious Issues (2017)
“Legal Issues in Personnel and Labor Management Regarding Employees with Illnesses and Disabilities (Balancing Treatment for Cancer and Other Illnesses with Professional Life)” Management Lawyers Council, Fall Workshop (2017)
“Recent Issues in the Field of Labor Law - Administrative Efforts to Reduce Long Working Hours and Reducing Disparities among Non-regular Workers” International Corporate Counsels Association (2017)
“42nd Labor Law Practice Study Group of the Management Lawyers Council: Practical Considerations on the Appropriateness of Disciplinary Actions” Management Lawyers Council (2016)
“Prevention of Leakage of Trade Secrets and Non-Competition” Tokyo Employers' Association (2016)
“Recent Labor Law Reforms, Labor Issues, and the Future of Labor Legislation,” The National Association of Shinkin Banks (2016)
“Working Conditions, Labor and Management at Odds” (Interview Article) Nikkei Newspaper, December 7, 2015.
“Key Points of the Revised Labor Contracts Act and Explanation of the Special Measures Law - Response to the Rule of Permanent Conversion” Tokyo Metropolitan Labor Information and Consultation Center (2015)
“36th Labor Law Practice Study Group of the Management Lawyers Council: The Current State of Joint Labor Unions - Basic Knowledge for HR Managers” Management Lawyers Council (2014)
“Amendments to the Labor Contracts Act and the Future of the Act on Securing the Proper Operation of Worker Dispatching Businesses and Protecting Dispatched Workers” Tokyo Metropolitan Labor Information and Consultation Center (2014)
Lecture Series on Practical Responses to Labor Issues, No. 3: Adverse Changes (Focusing on Salary and Severance Pay)” Japan Federation of Bar Associations (2013)
“Treatment of Fixed-Term Contract Employees (Issues Concerning Article 20 of the Labor Contracts Act)” Management Lawyers Council (2013)
“Adverse Changes in Working Conditions - From the Employer's Standpoint” Japan Federation of Bar Associations, Lecture Series on Practical Responses to Labor Issues (2013)
“Practical Issues and Measures Concerning Power Harassment” Study Group on Legal Disputes (2013)
“The Revised Labor Contracts Act and Points for Companies to Keep in Mind “ Saga Employers' Association (2013)
“Recent Legal Amendments and Countermeasures Concerning Continuous Employment of Elderly Workers and Fixed-Term Labor Contracts” Tokyo Passenger Vehicle Association, the Japan Institute of Labor Policy and Training (2013)
Responding to the Amendments to Labor Legislation: Recent Legislative Changes and Practical Response Concerning Elderly and Fixed-Term Employment” National Association of Credit Unions (2013)
“Recent Legal Changes and Practical Measures Concerning Employment of Elderly Workers and Fixed-Term Workers” Securities Roundtable (2012)
“Recent Legal Amendments and Practical Adaption Concerning Dispatched Workers, Fixed-Term Workers, and Elderly Workers” Management Research Institute (2012)
“Impact of the 2012 Amendment to the Act on Securing the Proper Operation of Worker Dispatching Businesses and Protecting Dispatched Workers on Practice: Focusing on Adaption of Recipient Companies” Ishikawa Employers' Association (2012)
“Global Human Resources and Labor Law Practices Associated with Expansion into Asia” Labor Development Institute (2012)
“Responding to Amendments to Labor Legislation: Bills to Amend the Act on Stabilization of Employment of Elderly Persons and the Labor Contracts Act” Tokyo Employers' Association (2012)
“Responding to Amendments to Labor Legislation: Bills to Amend the Act on Stabilization of Employment of Elderly Persons and the Labor Contracts Act” Liaison Council of Trade Associations (2012)
“107th Keidanren Labor Law Forum: Responding to Amendments to Labor Laws - Bills to Amend the Act on Stabilization of Employment of Elderly Persons and the Labor Contracts Act” Keidanren, Keidanren Business Service (2012)
“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)
and a number of other lectures to various companies and organizations.

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