Our Firm's experienced litigators are frequently retained to handle matters relating to corporate control contests, shareholder derivative actions and non-contentious corporate litigation. Our litigation practice is well known for its success with damages suits in cases concerning wrongful acts by corporations. We have expertise in handling commercial matters of every kind, including the ability to swiftly obtain injunctions or protective orders early on in a dispute to protect our clients' core interests.
- Japanese Companies Act, M&A Litigation and Shareholder Derivative Actions
Anderson Mori & Tomotsune has accumulated broad experience in disputes ranging from cases concerning corporate control to shareholders' derivative actions, and other categories in the M&A context. Our Firm specializes in many types of proceedings, including provisional injunctions prohibiting illegal acts by directors or prohibiting the issuance of new shares and stock acquisition rights, litigation to revoke resolutions passed at shareholders' meetings, as well as other claims for damages against directors and corporate auditors. We also handle non-contentious commercial litigation, including suits to determine the fair market valuation of shares.
Our Firm has extensive experience in traditional commercial cases of every kind, including distributor termination cases (particularly on behalf of international companies that have terminated a Japanese distributor), and cases involving inter-company transactions, rent reviews and petitions for injunctive relief.
The Firm routinely handles claims for damages relating to wrongful acts committed by corporations or their employees against business partners.
- Civil Provisional Remedies and Compulsory Enforcement
Temporary restraining orders– including orders for provisional attachment and provisional injunctions– can be of critical importance in ensuring the proper protection of our clients' rights and enabling settlement at an early stage. In seeking temporary restraining orders, prompt action is required, and we specialize in achieving swift and effective dispositions of such proceedings. We also are adept in handling compulsory enforcement proceedings.
- Examples of our experience include the following:
- Acting for an investment fund in a shareholder action seeking a preliminary injunction against the issuance of stock acquisition rights by a target company;
- Acting for an international client in a suit seeking compensation for damages resulting from its termination of a continuous distributorship agreement with its Japanese distributor; and
- Acting for a shareholder seeking cancellation of a shareholders' resolution.