27 Asian Legal Business | October 2024 Apart from that, it’s also worth remembering to enjoy the ride. “Regardless of the outcome or losing the lawsuit, I realised that an attorney must do his/ her best in the course of the lawsuit, and that the evaluation of the client’s attorney includes not only the outcome of the lawsuit but also the process,” adds Kim. While striking a balance between professional excellence and personal fulfilment has been a universal challenge for lawyers, for litigators – bound by high performance standards and meticulous paperwork, this balance seems particularly elusive. Ushijima says the key to individual achievement lies in teamwork and leadership. “No single lawyer knows everything, nor can they do everything by themselves,” Ushijima tells ALB. “Therefore, we always approach each case as a team and discuss everything from the factfinding and scheduling to key decisions regarding litigation strategy.” Ushijima encourages young members of his team, and the next generation of litigators in general, to extend their knowledge outside law as much as possible to be versatile enough to bring more value to the table. “I recommend young lawyers to read books in areas other than law, hopefully, covering every area of the universe. This will help them to understand that what they are doing is ‘creating history’, however small, and cause them to appreciate the value of their lives,” he says. Kim, on the other hand, urges junior lawyers to spare no effort in the pursuit of perfection. “As litigation lawyers, I think most of their work attitudes are formed between the first two to three years of their career. If they set their goals and standards and spend this time well, I am sure that the efforts will bear fruit,” says Kim. “The most brilliant litigation strategy means nothing unless we win… We are not afraid to take difficult cases where many facts go against our clients. Indeed, many clients seek us out after having been turned down by other firms. Through such approach, we have developed a reputation for winning the unwinnable cases.” — Shin Ushijima, Ushijima & Partners Brought to you by Ushijima & Partners, Attorneys-at-Law Shin Ushijima Shares His Thoughts 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 the circumstances. More than just having a “deep bench” we also have hard-won expertise across various issues/subspecialties, 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. 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 shareholder 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, multiparty 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 Shin Ushijima Senior Partner ushilaw@japan.email.ne.jp Ushijima & Partners, Attorneys-at-Law www.ushijima-law.gr.jp/en
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