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Photo, Yoshiaki Muto

Yoshiaki Muto

Partner
Baker & McKenzie (Gaikokuho Joint Enterprise)

Biography

Yoshiaki Muto has more than two decades of experience handling international dispute and corporate transaction matters. He is currently the Dispute Resolution Practice Group leader and a Management Committee member of the Firm's Tokyo office. Mr. Muto has been recommended as a dispute resolution practitioner in Japan by PLC Which Lawyer and Global Counsel 3000, and has been recognized a leading individual in the dispute resolution field by Asia Pacific Legal 500 and Chambers Asia.

Practice Focus

Mr. Muto focuses his practice in the areas of domestic and international dispute resolution, including litigation and arbitration, corporate investigation and compliance. He also regularly advises his clients on corporate transactions and general corporate and commercial matters. With respect to the industrial sector, Mr. Muto 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 knowledge on the information technology and commerce business and the healthcare, medical device and pharmaceutical industries and represents a number of clients in those sectors.

Representative Legal Matters

  • Represented 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.
  • Represented parties to cross-border corporate transactions over breach of contract, breach of warranties and purchase price controversies.
  • Represented major construction and engineering firms concerning cost / profit sharing, damages liability and regulatory issues arising from construction and infrastructure projects, especially those in the emerging countries.
  • Represented global and local financial institutions in Japanese courts concerning investment loss damages and marketing misrepresentation claims arising from sophisticated financial transactions such as derivatives and structured products.
  • Represented major system integration and software companies in disputes arising from product defects, project delays and technical difficulties concerning systems integration and software development projects.
  • Advised 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 represented related administrative, civil and criminal actions.
  • Acted on investigations 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.
  • Advised and assisted on 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.
  • Advised and assisted global pharmaceutical and medical device companies concerning anti-corruption, fair competition, industry code compliance and medical regulatory compliance issues.
  • Advised over issues arising from local business operations and transactions of global companies doing business in Japan.

Professional Honors

  • Recommended as "Dispute Resolution Practitioner" in Japan, PLC Which Lawyer? and Global Counsel 3000
  • Recently selected as "Leading Individual" in the litigation field, Chambers Asia

Professional Associations and Memberships

  • Tokyo Bar Association - Member
  • Ministry of Justice of Japan - National Bar Examination Operating Committee on International Civil and Commerical Laws
  • Japan Federation of Bar Associations - Registered Foreign Lawyers Disciplinary Actions Committee
  • New York State Bar Association - Member
  • American Bar Association - Member
  • Japan Federation of Bar Associations - Committee on International Legal Affairs and Foreign Attorneys
  • Japan Federation of Bar Associations - SME Outbound Legal Support Working Group Chair

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