Shin Ushijima, partner at Japanese law firm Ushijima & Partners and one of ALB’s top 15 North Asia litigators this year, emphasizes the importance of client success to the firm's success, highlighting a growing trend in Japan of increased foreign investment and shareholder activism.
Congratulations on being named one of the ALB Asia Top 15 Litigators. Can you share the recent litigation trend at your firm/in Japan?
Recently, foreign investment in Japan has been increasing which has coincided with an increase in shareholder activism. Our firm has been at the forefront of this trend, representing more and more activist shareholders, as well as major Japanese companies, enforcing their rights. The Companies Act of Japan has many shareholder-friendly provisions providing strong rights to minority shareholders for example to call shareholder meetings and make proposals as well as to hold directors and/or the company accountable for their decisions and appraisal rights allow shareholders to obtain the “fair price” when they disagree on certain corporate actions. Based on our deep understanding of the legal and economic issues and our vast experience with share-holder campaigns and litigation we have assisted shareholders with enforcing their rights in order to maximize returns on their investments.
What areas of litigation do you specialize in, and how has your expertise evolved over the years to address changing legal landscapes in Asia?
Over the years, litigation has become more complicated and sophisticated due to the globalization and diversification of corporate activities. Corporate litigation is one of my and my firm’s most important specialties, particularly complex, multi-party disputes involving activities both inside and outside Japan. Our firm is large enough to staff cases with a team of as many lawyers as needed depending on the circumstances. More than just having a “deep bench” we also have hard-won expertise across various issues/sub-specialties, such as M&A, hostile takeovers, antitrust and bankruptcy/insolvency, to put the right lawyers on the case.
What is your personal philosophy or approach when it comes to handling complex litigation cases, and how do you believe this has contributed to your success in the field?
My and the firm’s approach is always and tirelessly to fight for the best results for our clients. Indeed, our firm’s philosophy is “Perfection for our clients.” We do not hesitate to take on difficult cases and/or cases of first impression. Our ability to actually prevail in cases that other firms deem “unwinnable” has solidified our reputation as tough litigators. Such success has had the added benefits of contributing to the strengthening of corporate governance as well as the rule of law in Japan.
