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Photo, Yoshiaki Muto

Yoshiaki Muto

Partner
Baker & McKenzie (Gaikokuho Joint Enterprise)

Biography

Yoshiaki Muto has more than 25 years of experience in handling international dispute and corporate transaction matters. He is currently the Dispute Resolution Group Head of the Firm's Tokyo office and also appointed as the Asia Pacific Regional Chair and the Global Steering Committee Member of Baker McKenzie's Dispute Resolution Group. Yoshiaki has been recommended as a dispute resolution practitioner in Japan by PLC Which Lawyer and Global Counsel 3000, and has been recognized as a leading individual in the dispute resolution field by Asia Pacific Legal 500 and Chambers Asia.

Practice Focus

Yoshiaki focuses his practice in the areas of domestic and international dispute resolution, including litigation and arbitration, alternative dispute resolution and corporate investigation and compliance. He also regularly advises clients on crisis and risk management, corporate transactions and general corporate and commercial matters. With respect to the industrial sectors, Yoshiaki acts for clients in a wide range of businesses, including automotive, banking and finance, construction, consumer products, electric products and machineries, electronic devices, professional services, and aerospace and defense industries. He has particular expertise on the information technology and commerce business and the health care, medical device and pharmaceutical industries and represents a number of clients in those sectors

Representative Legal Matters

  • Corporate governance disputes: Representation in Japanese litigation cases over shareholders' rights and other corporate law issues, such as management team replacement, battle over new share subscription rights, and corporate governance controversies, involving Japanese listed companies and major shareholders.
  • Corporate transaction disputes: Representation of parties to cross-border corporate transactions over breach of contract, breach of warranties and purchase price controversies.
  • Joint venture disputes: Representation of parties to cross-border joint ventures concerning disputes over venture company management, profit and loss sharing, capital and debt infusion, conflict of interests, share purchase options and price determinations, and dissolution and termination of joint ventures.
  • Construction disputes: Representation of major construction and engineering firms concerning project management and dispute issues including cost / profit sharing, damages liability and regulatory issues arising from multinational construction and infrastructure projects, especially those in the emerging countries.
  • Financial transaction disputes: Representation of global and local financial institutions in Japanese and foreign courts concerning investment loss damages and marketing misrepresentation claims arising from sophisticated financial transactions such as derivatives and structured products.
  • IT system and software dispute: Representation of major system integration and software companies in disputes arising from product defects, project delays and technical difficulties concerning systems integration and software development projects.
  • Product recalls: Advice on product recall regulatory compliance issues for multinational companies, including computer hardware houses, IT device and equipment vendors, pharmaceutical and medical device firms, food and drink producers and sporting equipment manufacturers, and representation in related administrative, civil and criminal actions.
  • Internal investigation: Investigation over fraud, misrepresentative disclosure and regulatory violation issues, including forensic review, on-site interviews and searches, and representation in related administrative, civil and criminal matters.
  • Corporate compliance: Advice and assistance for creation, implementation and maintenance of the corporate compliance programs, including top management policy making, risk assessment review, internal rules drafting, internal seminars and training and follow-up audit, concerning anti-corruption, antitrust and anti-bias issues.
  • Regulatory advices and assistance for global pharmaceutical and medical device companies concerning anti-corruption, fair competition, industry code compliance and medical regulatory compliance issues.
  • General corporate and commercial law advises over issues arising from local business operations and transactions of global companies doing business in Japan.

Professional Honors

  • Chambers Global 2019
  • Chambers Asia Pacific 2019
  • Legal 500 Asia Pacific 2019

Professional Associations and Memberships

  • Tokyo Bar Association - Member
  • New York State Bar Association - Member
  • Japan Federation of Bar Associations - Chair, SME Outbound Legal Support Working Group, Vice Chair, Committee on International Legal Service Practice Promotion Centre; Vice Chair, Registered Foreign Lawyers & International Legal Practice Committee; and Member, International Strategy Council

Admissions

  • New York~United States (1998)
  • Japan (1992)

Education

  • University of Illinois College of Law (LL.M.) (1996)
  • Tohoku University (LL.B.) (1988)

Languages

  • English
  • Japanese

Previous Offices

  • Chicago

Publications

Co-author, "Legal Risk Management Over Global Subsidiaries," Chuokeizai-sha, September 2019, Language: Japanese

"Global Counsel Support For Japanese Multinationals," Business Law Journal, March 2018, Language: Japanese

Co-author "Reports On LAWASIA Tokyo Annual Meeting 2017," The Japan Bar Association Periodical, January 2018, Language: Japanese

"Legal Support For Cross-border Transactions of Japanese Emerging Companies," The Japan Bar Association Periodical, April 2016, Language: Japanese

Author, "Third Party Risks," Business Law Journal, November 2014, Language: Japanese

Co-author, "Risks and Solutions on Disclosure of Internal Investigation Reports in International Commercial Arbitration Cases," New Business Law Journal, October 2013, Language: Japanese