Orrick Library Seminar - Use of Litigation Funding in Cross-Border Litigation and International Arbitration

The Orrick Library Seminar Series

Seminar | September.18.2019 | 9:00am - 10:30am (Tokyo Standard Time)

Orrick Tokyo

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 Wednesday, September 18 from 9:00 am to 10:30 am.

Litigation funding, a practice in which third parties provide financial resources to enable costly litigation or arbitration cases to proceed, is a relatively new industry in continuous growth. While the phenomenon has been prevalent in the US and Europe, it has also been receiving increasing attention in the Asian regions including Japan. Presented by Claudia Wilson Frost, partner in Orrick’s Houston office, this session will introduce you to the fundamentals of litigation funding in cross-border litigation and international arbitration and cover the following topics:

•        What type of party/entity should consider it?

•        What makes a dispute well suited for it or not well suited?

•        What are the pros and cons of using litigation funding?

•        Are there private alternatives to litigation funding?

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

Date: Wednesday, September 18, 9:00 am – 10:30 am (Registration from 8:45 am)
Place: Orrick Tokyo Law Office (Map)
Speakers: Claudia Wilson Frost, Partner, Houston Office
Language: English
Fee: No charge
Registration deadline: September 13 (Friday)

* Tokyo Litigation Partners Yoshihiro Takatori (Head of Orrick Global Japan Practice, Dai-Ichi Tokyo Bar Association) and Shinsuke Yakura (Dai-Ichi Tokyo Bar Association) will also join and offer additional comments and perspectives in Japanese.

* * 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.


CLE Credits Available: Y

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Practice:

  • 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

Tokyo

Yoshi Takatori is head partner of Orrick's Global Japan practice and Tokyo's Litigation Group. His practice focuses on cross-border dispute resolution including multi-jurisdictional litigation and international arbitration on intellectual property, product liability, anti-trust, FCPA and UKBA and 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 and recognized as a leading individual for Dispute Resolution and Intellectual Property for Asia Pacific Legal 500. He has also been recognized by the Financial Times as a Top 10 Legal Innovators for Asia-Pacific in 2019.

Yoshi has an active practice advising and counseling multi-national Japanese companies and the Japanese Government, on proactive cybersecurity program development 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 JPY280 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 KCAB’s Panel of Arbitrators and as a Specialist Mediator at Singapore International Mediation Center (SIMC). He is a qualified FCIArb and serves key positions in the international arbitration field such as being the executive director for the Japan Association of Arbitrators, 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.

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Practice:

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

Shinsuke Yakura Partner Complex Litigation & Dispute Resolution, Patents

Tokyo

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.