Shinsuke Yakura

Partner

Tokyo

Shinsuke Yakura is the Office Leader of Orrick's Tokyo office and a member of the Complex Litigation and Dispute Resolution Group. He has broad experience 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.

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D:+81 3 3224 2922
E:[email protected]

Indirizzo:

Izumi Garden Tower, 28th Floor
6-1 Roppongi 1-Chome
Minato-ku, Tokyo, 106-6028
Japan

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Aree di competenza

Abilitato in
- New York
- Japan
Formazione
- Peking University, LL.M.
- London School of Economics and Political Science, LL.M., International Business Law
- New York University School of Law, LL.M., Trade Regulation
- Kyoto University, LL.B.
Riconoscimenti
- Chambers Global, and Chambers Asia Pacific, Dispute Resolution: International, Japan, 2012 - 2017
- Legal 500 Asia Pacific, Dispute Resolution: International, Japan, and Intellectual Property: International, Japan, 2013 and 2020
- I AM Patent 1000, Recommended Individual in Japan Foreign: Litigation,2020
- Best Lawyers, IntellectualProperty, International Arbitration, Litigation and Corporate and M&A, Japan,2009 - 2021
- Editor, Peking University Law Review
Lingue
- Japanese
- English
- Mandarin
Membro di
- Dai-ichi Tokyo Bar Association
- Japan Patent Attorneys Association
- Licensing Executives Society Japan
- Inter-Pacific Bar Association
- Copyright Law Association of Japan
Interventi
- Speaker, “Issues and Countermeasures in Corporate Legal AffairsUnder and After COVID-19” (Global Business Knowledge Supply, “Legal Enhancement Expert Program Academy” No.65, August 2020)
- Speaker, “Compliance in the Era of Remote Work” (WeWork Japan Online Forum, June 2020)
- Speaker, “Reset COVID-19: Potential Legal Issues” (WeWork Member Online Event, April 2020)
- Speaker, “Big Data: Legal Issues and Strategies in the Era of AI/IoT” (The Orrick Library Seminar Series, February 14 and 22, 2018)
- Speaker, “Japanese Companies in US Courts: A Year in Review” (The Orrick Library Seminar Series, October 2017, Tokyo and Osaka)
- Speaker, “Enforcement without Borders: Investigations and Sanctions by the World Bank and Other Multi-lateral Development Bank (MDB’s)” (JOI Seminar, January 2016)
- Speaker, “Unfair Competition and Warning on IP Infringement” (Case Study WG of Licensing Executive Society, November 2015)
- Speaker, “Global Trade Secret Protection” (MUFJ Research & Consulting/Ministry of Economy, Trade and Industry Seminar, October, 2015)
- Speaker, Strategies for Global IP Litigation and Licensing 2015, Tokyo and Osaka (September 15 and 17, 2015)
- Speaker, “International Commercial Arbitration in Japan from a Japanese Lawyer’s perspective”, (Academy for International Business Transactions, July 2015)
- Speaker, “Information Control Beyond Borders/Cybersecurity: Strategic Measure for Litigation and Compliance”, (JCAA Seminar, July 2015)
- Speaker, "Competitive Strategy and Intellectual Property Strategy for Japanese Companies" (MUFJ Research & Consulting, Competitive Strategy and Intellectual Property Strategy Symposium, May, 2015)
- Speaker, Orrick's Trade Secret Seminar Series - Fourth Session, "A Defendant's Perspective in a Trade Secret Case" (May, 2015)
- Speaker, Orrick's Trade Secret Seminar Series - Third Session, "Litigations from the perspective of a plaintiff: issues and strategies"(January, 2015)
- Speaker, Strategies for Global IP Litigation and Licensing 2014, Osaka and Tokyo (September 10 and 11, 2014)
- Lecturer, "Comparison of Key Aspects of US and Japanese Trade Secret Law and Protection Measures for Both the U.S. and Japan" (Orrick's Quarterly Trade Secret Seminar Series, March 2014)
- Speaker, "International Commercial Arbitration in Japan from a Japanese Lawyer's perspective", (Academy for International Business Transactions, July 2015)
- Speaker, "Information Control Beyond Borders/Cybersecurity: Strategic Measure for Litigation and Compliance", (JCAA Seminar, July 2015)
- Speaker, Strategies for Global IP Litigation and Licensing 2014, Osaka and Tokyo (September 10 and 11, 2014)
- Lecturer, "Comparison of Key Aspects of US and Japanese Trade Secret Law and Protection Measures for Both the U.S. and Japan" (Orrick's Quarterly Trade Secret Seminar Series, March 2014)
- Lecturer, "Protecting Trade Secrets in the Global Market Place - Risks posed by cyber attacks, joint ventures, joint R&D, and departing employees" (Strategies for Global IP Litigation and Licensing Seminar 2013, October 2013)
- Lecturer, "Information Management Strategies for Cross-Border Businesses - Facts on Information Leak, Internal Fraud and International Litigation that Threaten Global Companies," (Mitsui Bussan Secure Direction, Global Risk Management Seminar, April 2013)
- Lecturer, "Protecting IP Rights and Litigating Claims in Asia – Issues of Particular Concern to Japan-based Companies" (Strategies for Global IP Litigation and Licensing Seminar 2012, October 2012)
- Lecturer, "Protecting Trade Secrets in the Global Market Place - Risks posed by cyber attacks, joint ventures, joint R&D, and departing employees" (Strategies for Global IP Litigation and Licensing Seminar 2013, October 2013)
- Lecturer, "Information Management Strategies for Cross-Border Businesses - Facts on Information Leak, Internal Fraud and International Litigation that Threaten Global Companies," (Mitsui Bussan Secure Direction, Global Risk Management Seminar, April 2013)
- Lecturer, "Protecting IP Rights and Litigating Claims in Asia - Issues of Particular Concern to Japan-based Companies" (Strategies for Global IP Litigation and Licensing Seminar 2012, October 2012)
- Moderator, "Navigating Mass Torts and Product Liability Litigation in the U.S.," (The Orrick Library Series, November 2012)
- Lecturer, "Strategic Resolution of Cross Border Intellectual Property Dispute," (Japan Commercial Arbitration Association Cross-Border Dispute Resolution Seminar Vol. 1, July 2012)
- Lecturer, "Strategies for Discovery in Cross Border Dispute in connection with Global Antitrust Investigation," (Ji2 Discovery Seminar, June 2012)
- Lecturer, "Strategies for Protection and Management of Information for Cross-Border Dispute and Case Study," (Mitsui Bussan Secure Direction, Global Risk Management Seminar, April 2012)
- Lecturer, "Changes in Chinese IP Law; The Availability of Limited Discovery in Patent Enforcement Actions and Other Recent Developments," (Strategies for Global IP Litigation and Licensing Seminar 2011, November 2011)
- Lecturer, "Possible Legal Countermeasures After the Great Earthquake: What Should a Company Do, and Not Do?," (Joint seminar with Deloitte Tohmatsu, "Post Earthquake Legal Issues and Risk Management: What corporations should do and should not do, and how?", July 2011)
- Lecturer, "2011 Law for Partial Amendment to Patent Act, Outline and matters to be Considered in Business Practice; Focus on the System to Duly Assert Non-exclusive License Against Third Parties," (Strategies for Global IP Litigation and Licensing Seminar 2011, November 2011)
- Lecturer, "Strategy for Discovery/Information Disclosure in Cross-Border and Multi-Jurisdictional Cases (with a cartel case across Japan, US and EU)," (Seminar at Ji2, April 2011)
- Lecturer, "Protection of Intellectual Property in China," (Seminar at Keiei Chosa Kenkyu-Kai, Tokyo, Japan, February 2010)
- Lecturer, "Dispute Resolution in Cross Border Disputes," (Seminar at Keiei Chosa Kenkyu-Kai, Tokyo, Japan, June 2009)
- Lecturer, "Legal Issues over and Strategic Countermeasures against Counterfeit Products," (Seminar at Keiei Chosa Kenkyu-Kai, Tokyo, Japan, September 2009)
- Lecturer, "Comparative Study of Cross Share Holding in Japan and China," (Conference of Asian Law Institute, Singapore, May 2008)
- Lecturer, "Labor Law in China" (Seminar at Osaka Bar Association, February 2008)
- Panelist, "Arbitration Forum 2001, Mock Arbitration on International Commercial Dispute," (Seminar at Japan Commercial Arbitration Association and Japan Chamber of Commerce and Industry, November 2001)
- Shinsuke hosts a series of monthly seminars called "The OrrickLibrary," inviting lawyers from our foreign offices each session to speakat the Tokyo office with our local partners, and explore legal issues in Japanas well as the United States, Asia and Europe. Recent topics include “Use of Litigation Fundingin Cross-Border Litigation and International Arbitration” with a partner from the Houston office and "M&ARepresentations and Warranties Insurance in Mergers and Acquisitions: AnOverview” with a partner from the San Francisco office and partner from our Seattle office.
Pubblicazioni
- Editor, “Cross-border Dispute Resolution Strategies” (Lexis Nexis, June 2016)
- Co-Author, “Cyber Security Strategy for Litigation and Compliance” (NTT Publishing, April 2015)
- Co-author, “Recent Trends on Cybersecurity Litigation and Enforcement in the US (1)” (JCA Journal Vol. 67 No.4, April 2020)
- Co-Author, “Representations and Warranties Insurance in M&A and How to Utilize for Dispute” (JCA Journal No. 750, December 2019)
- Co-author, “Sanctionsto and Anti-Sanctions by Russia – Know-How, Considering Recent Administrationof Russian Authorities and Courts Including Dispute Resolutions” (JCA Journal No.748, October 2019)
- Co-author, “The New California Consumer Privacy Act: What Companies Should Do for Cross-border Disputes” (JCA Journal No.746, August 2019)
- Co-author, “Compliance Due Diligence and Challenges in Outbound M&A” (JCA Journal, N. 742, April 2019)
- Co-author, “Recent U.S. Federal Court Decisions Involving Standard Essential Patents and Considerations for International ADR – Japan as a Possible ADR Forum for Resolving International SEP Disputes” (JCA Journal N. 740, February 2019)
- Co-author, “Japan Introduces "Commitment Procedure" for Alleged Antitrust Violations” (Orrick Blog Antitrust Watch, January 2019)
- Co-author, “Litigation and ADR after Brexitin Europe and Cross-border Effect” (JCA Journal, N738, December 2018)
- Quoted, "Japan Looks for Private Sector Cybersecurity Help Ahead of 2020 Olympics” (LegalTech News, December 2018)
- Co-Author, “AntitrustAnalysis of Joint Ventures and Strategic Approach” (JCA Journal, N.736, October2018)
- Quoted, “Japan, EU Move to Close Deal onEasing Cross-Border Data Transfers” (Bloomberg Law, October 2018)
- Co-author, “Significance and Use ofInternational Mock Arbitration and Mediation (1) (2) – Summary of the JointSeminar with the Ministry of Justice in Japan and Charter Institute ofArbitration (CIArb)” (NBL, No 1129 and No 1131, October and September 2018)
- Co-author, “InformationExchange & the Extraterritorial Reach of the EU Competition Law” (JCAJournal, N. 731, May 2018)
- Co-author, “Ransomware: How Companies Should Prepare for this Cyber Threat and Produce Right Evidence” (JCA Journal, N. 727, January 2018)
- Co-author, “Arbitration Clauses in Patent License Agreements and Strategic Option as Dispute Resolution” (JCA Journal, N. 725, November 2017)
- Quoted, “Japan Eyes Copyright Law Update to Fight Pirate Links” (Bloomberg, November 2017)
- Co-author, “A Study of Best Practices for Licensing Standard Essential Patents (SEPs) in Anticipation of Patent Dispute in the Internet of Things (IoT) (JCA Journal, N.723, September 2017)
- Co-author, “Antitrust Issues on Collection and Use of Big Data in Japan” (Orrick Blog Antitrust Watch, August 2017)
- Co-author, “Strategic Handling of Personal Information (including Employees’ My Numbers) at Workplace under the Amended Personal Information Protection Law and My Number Law” (JCA Journal, N.721, July 2017)
- Co-Author, “Arbitrating Employment Disputes in Hong Kong” (JCA Journal, N.719, May 2017)
- Co-Author, “Practical Issues and Tips on Drafting an Arbitration Clause and Selection of Arbitrators” (JCA Journal, N.705, January 2017)
- Author, "Cyber Security Management Guidelines", Reassessing Corporate Management and Information Security” (JCA Journal, No. 712, October 2016)
- Co-author, “EUGeneral Data Protection Regulation: potential Impact on Japanese Business and Strategic Measures” (JCA Journal, No.709, July 2016)
- Co-author, "Recent Developments in Global Cartel Investigations and Private Damages Actions in the U.S. and the EU" (JCA Journal, No. 708, June 2016)
- Co-author, "The International Comparative Legal Guide to: Product Liability 2016" (Global Legal Group 14th Edition, May 2016)
- Co-author, "D&O Liability Insurance in the U.S.: What Japanese Businesses Need to Know" (JCA Journal, No. 705, March 2016)
- Co-Author, “The Ethics & Compliance Risk Assessment: A Practical Guide for Identifying Vulnerabilities” (JCA Journal, No. 703, January 2016)
- Co-author, “Cybercrime and Cyberespionage: Understanding and Countering the Threat” (JCA Journal, No. 701, November 2015)
- Co-author, "Investigation/Research of Legal Systems and Practices Regarding Trade Secret and Confidential Information Management – Trade secret and confidential information management by multinationals located in Asia -" (Intellectual Property Management, Vol. 65 No. 10 (No. 778), October 2015)
- Co-author, "Insurance Coverage: A Potentially Valuable Asset for Limiting United States Subsidiaries' Liabilities (part 2)" (JCA Journal, No. 699, September 2015)
- Co-author, "Insurance Coverage: A Potentially Valuable Asset for Limiting United States Subsidiaries' Liabilities (part 1)" (JCA Journal, No. 697, July 2015)
- Co-Author, "Recent Developments in the Extraterritorial Application of the U.S. Antitrust laws (part 2)" (JCA Journal, No. 693, May 2015)
- Co-Author, "Recent Developments in the Extraterritorial Application of the U.S. Antitrust laws (part 1)" (JCA Journal, No. 693, March 2015)
- Interview, "From a Japanese Law Firm to a Global Law Firm" (Korea Economic Daily, February 2015)
- Co-Author, "The Development of China's Employment Laws - Issues for Japanese Investors" (JCA Journal, No. 690, December 2014)
- Co-Author, "Compliance－There is no right answer but right process. Risks and strategic action with FCPA and UKBA and wistleblowing" (Monthly Global Keiei, No.382, October 2014)
- Co-author, "What Japanese Companies Need to Know About the United States" Attorney-Client Privilege" (JCA Journal, No. 682, April 2014)
- Co-Author, "Japanese Investments in Chinese Companies" （JCA Journal, No. 686, August 2014）
- "Trade Secret Protection -Seeking the "Right Process" in view of Global Compliance-" (Intellectual Property Management, Vol. 64 No. 4 (No. 760), April 2014)
- Co-author, "Patent Exhaustion and its Implications for Japanese Companies Doing Business in the United States" (JCA Journal, No. 677, November 2013)
- Co-author, "Lessons Learned: Practical Advice for New Defendants in American Asbestos Litigation" (JCA Journal, No. 675, September 2013)
- Co-author, "Assessing Competition Law Risks in Acquisitions," (JCA Journal, No. 673, July 2013)
- Co-author, "Navigating Mass Torts and Product Liability Litigation in the U.S. Legal System - Reflecting on the Cross-Border Asbestos Problem for Japanese Companies," (JCA Journal, No. 671, May 2013)
- Co-author, "Practices for Damage Suits for Breach of Competition Law in Europe," (Journal of the Japanese Institute of International Business Law, Vol. 41 No. 3, March 2013)
- Co-author, "Reducing Time and Costs in International Arbitration," (JCA Journal, No. 669, March 2013)
- Co-author, "Recent Tactics for Cross-Border Disputes Series: Insurance Recovery for Businesses in Disaster Situations" (JCA Journal, No. 667, January 2013)
- Co-author, "Legal Issues over and Strategic Countermeasures against Counterfeit Products," (The Lawyers, Vol. 6, No. 4)
- Co-author, "Nuts and Bolts of Compliance Investigation and Others in M&A Due Diligence" (M&A Review, November 2012)
- Co-author, "Private Anti-Trust Enforcement in China: A New Future?" (JCA Journal, No. 655, November 2012)
- Co-author, "Guidelines and Practices of Compliance Pertaining to Overseas Subsidiary," (M&A Review, Vol. 26, No. 5, September 2012)
- Co-author, "Resolution of Internet Related Dispute in China (1) and (2)," (JCA Journal, No. 662 and No. 663, August 2012 and September 2012)
- Co-author, "Practical Points of Consideration in Cross-Border IP Dispute," (LES JAPAN NEWS, Vol. 53, No. 2, June 2012)
- Co-author, "Resolution of Disputes Arising Out Of Commercial Conflicts Between A Japanese Party and A Russian Party (1)(2) - What Should An Effective Dispute Resolution Procedure Be For Russia Related Business?," (JCA Journal, No. 656 and No. 657, March and April 2012)
- Co-author, "Information and Data as Weapon," (Company Protection and Risk Management Team, Vol. 3, Scan NetSecurity, March 2012)
- Co-author, "Leniency: Japan," (Practical Law Company website, February 2012)
- Co-author, "Anti-Corruption - A British, American and Japanese Perspective," (JCA Journal, No. 655, January 2012)
- Co-author, "IBA Guidelines for Drafting International Arbitration Clauses," Japanese Translation, (International Bar Association, December 2011)
- Co-author, "Post Earthquake Legal Issues and Risk Management – What corporations should do and should not do, and how?," (Risk Management Today, Vol. 69, November 2011)
- Co-author, "A Force Majeure Clause and Contractual Liability – From The Aspect of Japan Law and United Nations Convention on Contracts for the International Sale of Goods," (JCA Journal, Vol. 58, No. 11, November 2011)
- Co-author, "Japanese Language Version - New Appellate Court Ruling Increases Risk of U.S. Antitrust Litigation for Foreign Companies," (Orrick Antitrust and Competition Client Alert, September 2011)
- Co-author, "IBA Rules on Taking Evidence in International Arbitration," Japanese Translation, (International Bar Association)
- Co-author, "How Should an Excellent Commercial Litigator Be," (The Lawyers, Vol. 7, No. 8)
- Co-author, "The Cross Holding of Company Shares: A Preliminary Legal Study of Japan and China," (Frontiers of Law in China, Vol. 4, No. 4)
- Co-author, "Problems related to the Contribution of a Trademark Right for a Joint Venture Company in China: Suggestion from Wahaha-Danone Dispute," (Kokusai Shoji Homu, Vol. 36, No. 1)
- Editor, "Peking University Journal of Legal Studies," (Peking University Press, 2008)
- Co-author, "General Explanations of Sarbanes-Oxley Act of 2006," (Shoji Homu)
- Author, Trust Anchor

Shinsuke Yakura

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

Insights

Japan Introduces ”Commitment Procedure” for Alleged Antitrust Violations

JCA Journal (Japan): “Special Defenses Available to Japanese Companies that Have Been Sued in U.S. Courts”

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Orrick Library Webinar - December 9, 2020

Orrick Library Webinar: Transactions in Germany ‐ Antitrust and Foreign Direct Investments Issues

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

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