Orrick Library Seminar Series: Managing the Discovery of Evidence of Cartel Behavior in Due Diligence and Beyond

Seminar | March.13.2018 | 9:00am - 10:30am (Tokyo Standard Time)

Orrick Tokyo Office オリック東京オフィス


Orrick’s Global Japan Practice is hosting a series of “Orrick Library” seminars to explore legal issues in various fields in Japan as well as the United States, Asia and Europe. The next seminar will be held on Tuesday, March 13 from 9:00 am to 10:30 am.

This session will focus on what you should do if you discover evidence of cartel behavior, either in connection with due diligence involving a U.S. company, after acquisition, or otherwise. Our 90-minute long seminar will be presented by Howard Ullman, Of Counsel in Orrick’s San Francisco office and will discuss:

  • How U.S. law treats cartels, and why you should care
  • What sort of evidence may suggest cartel behavior
  • What you should do if you discover such evidence during the course of due diligence
  • What you should do if you discover such evidence after an acquisition or otherwise

This seminar will be presented by videoconference. There will be time set aside for questions and answers.

Date: March 13 (Tuesday) 9:00 am – 10:30 am (Registration from 8:45 am)
Place: Orrick Tokyo Law Office (Map)
Speakers: Howard Ullman, Of Counsel, San Francisco Office
Language: English
Fee: No charge
Registration deadline: March 9 (Friday)

* Tokyo Litigation Partners Yoshihiro Takatori and Shinsuke Yakura will join and offer additional perspectives.

* * Orrick, Herrington & Sutcliffe LLP is an accredited MCLE provider in the States of New York and California.  This continuing legal education course has been approved in accordance with the requirements of the Continuing Legal Education Board for a maximum of 1.5 credit hours, of which 1.5 credit hours can be applied toward the areas of professional practice requirement.

For questions, please contact Aya Mori. 


オリックのグローバル・ジャパン・プラクティスでは、「Orrick Library」と題し、日本のみならず米国、アジアおよびヨーロッパの各地域における様々な分野の法律問題についてセミナーを開催しております。次回のセミナーは、2018年3月13日(火)、午前9時~午前10時半にて開催いたします。


  • 米国法におけるカルテル行為の取り扱い及び留意すべき事項
  • どのような証拠がカルテル行為を示唆するか
  • デューデリジェンスの過程でカルテル行為の存在が発覚した場合の対応策
  • 買収後にカルテル行為の存在が発覚した場合の対応策


日 時:2018年3月13日(火)9:00 am – 10:30 am (開場および受付開始8:45 am)
会 場:オリック東京法律事務所(アクセス)
講 師:サンフランシスコ・オフィス、オブ・カウンセル、ハワード・ウルマン
言 語:英語

※1 当セミナーのプレゼンテーションは英語で行われますが、東京オフィス訴訟グループの髙取 芳宏弁護士(第一東京弁護士会)及び矢倉 信介弁護士(第一東京弁護士会)が適宜、日本語で質問等にお答え致します。

※2 このプログラムは米国ニューヨーク州及びカリフォルニア州のCLEクレジットの対象となっています。


CLE Credits Available: Y



  • Complex Litigation & Dispute Resolution
  • International Arbitration & Dispute Resolution
  • Cyber
  • Antitrust & Competition
  • Mass Torts & Product Liability
  • Intellectual Property
  • Employment Law & Litigation
  • Japan

Yoshihiro Takatori Partner Complex Litigation & Dispute Resolution, International Arbitration & Dispute Resolution


Yoshi Takatori is head partner of the Litigation Group in the Tokyo office. His practice focuses on cross-border dispute resolution including multi-jurisdictional litigation and international arbitration on intellectual property, product liability, anti-trust, FCPA, UKBA, cybersecurity issues, compliance investigation and disputes involving labor laws. Yoshi has been recognized by numerous international publications such as being ranked Band 1 as a Dispute Resolution lawyer in Chambers Asia Pacific.

Yoshi has an active practice advising and counseling multi-national Japanese companies and the Japanese Government, on proactive cybersecurity program development, testing and strategy. He also advises on cybersecurity issues in the context of adversarial proceedings and dispute resolution. He is an Editor and Co-author of “Cyber Security Strategy for Litigation and Compliance,” which is the first book in the Japanese legal marketplace discussing multi-stakeholder risk management strategies relating to external cyber-attacks and insider cyber trade secret theft. He is regularly consulted by leading media outlets, including TV and newspapers, and quoted, in major business publications on cybersecurity issues and insights.

Yoshi's previous experience includes:

  • representing several Japanese companies in the Cresvale Securities (Princeton Bonds) incident, which victimized over 150 Japanese companies, and played a central role in the trial and settlement procedures in Japan and New York;
  • successfully representing clients in a number of IP-related dispute resolutions involving trademark, counterfeit and patent issues in U.S., Asian and EU jurisdictions. In recent years he has gained attention for victories in compensation for damages of trademark infringement in foreign countries through application of foreign law and Japanese law through the Act on General Rules for Application of Laws; and
  • numerous achievements in cross-border enforcement, trial and international arbitration such as obtaining a temporary restraining order in Japanese court based on the certified decision in California that includes JPY400 billion in punitive damages.
In addition, Yoshi is listed as a recommended arbitrator for the Japan Commercial Arbitration Association (JCAA) and listed on SIAC’s Panel of Arbitrators, and serves key positions in the international arbitration field such as being an executive director for the Japan Association of Arbitrators, a fellow (FCAIrb.) and co-convener of the Japan Chapter of the Chartered Institute of Arbitrators (CIArb.).

Prior to joining Orrick, he was chair of the litigation department at the Tokyo office of Paul, Hastings, Janofsky & Walker LLP.


  • Complex Litigation & Dispute Resolution
  • Patents
  • Copyright, Trademark & False Advertising
  • Antitrust & Competition
  • International Arbitration & Dispute Resolution
  • Mass Torts & Product Liability
  • Employment Law & Litigation
  • Japan

Shinsuke Yakura Partner Complex Litigation & Dispute Resolution, Patents


Shinsuke Yakura is the Office Leader of Orrick's Tokyo office and a member of the Complex Litigation and Dispute Resolution Group. He is an expert in handling cross-border litigation, arbitration, intellectual property and compliance matters.

His practice focuses on intellectual property, antitrust, product liability, medical and pharmaceutical, and other commercial disputes for both domestic and foreign companies. He actively engages in cross-border litigation and arbitration, and draws on his extensive knowledge and experience from various countries.

In regards to intellectual property, Shinsuke has represented numerous companies in patent infringement litigation involving a wide range of technologies related to electric devices and industrial machinery. He has also handled other IP-related issues such as trademark, copyright and right to publicity. He is a qualified patent attorney (Benrishi) in Japan.

Recently, he has been involved in business and legal issues related to artificial intelligence (AI), Internet of Things (IoT), and big data; he also acts as the Asia representative of Orrick’s Global AI Working Group.

Consistently providing strategic advice from a global perspective, he is also actively involved in bribery regulations including FCPA and UKBA, antitrust and competition law, cartel, fraud and compliance investigations.

He also advises in mergers and acquisitions, licensing and other transactional matters.