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Yoshimasa Furuta

Partner
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  2. 03-6888-3050
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Practice

Yoshimasa Furuta is a litigation partner at Anderson Mori & Tomotsune with extensive trial expertise. He specializes in international & domestic litigation, commercial arbitration and other dispute resolution procedures. Mr. Furuta represents Japanese and foreign companies in all kinds of business disputes, both in Japan and overseas, involving sales of goods, technology licensing, intellectual property infringement (patent, copyright, trademark, know-how and unfair competition), labor & employment, corporate management, complex financial products and other business transactions. Among the many court cases that he has litigated, more than 30 cases have been published in the case reports of the Japanese courts.

In addition to his professional experience at Anderson Mori & Tomotsune, Mr. Furuta served as a secretary at the Legislative Council of the Ministry of Justice (2008 to 2010), where he actively participated in the new legislation on the international jurisdiction of Japanese courts. In the past, he worked for the Japanese Ministry of Home Affairs (now known as Ministry of Internal Affairs and Communications) as a government official (1988 to 1989) and for the New York law firm of Whitman Breed Abbott & Morgan (now known as Winston & Strawn) as a foreign attorney (1995 to 1996). He taught civil procedure, international litigation and other courses as a professor of law at Seikei University (2004 to 2011), and as an adjunct lecturer at Rikkyo University (2000 to 2008), at Keio University (2008 to 2009) and at University of Tsukuba (2008 to 2009).

Practice Groups

・Litigation Practice

Publications/Lectures

Books and Articles Authored in English:
 
"The International Comparative Legal Guide to : International Arbitration 2011" (Global Legal Group, 2011) (co-authored)  
"New international jurisdiction rules: foreign companies must brace for change," International Law Office (May 2011) (co-authored)
"The International Comparative Legal Guide to : International Arbitration 2010" (Global Legal Group, 2010) (co-authored)  
"Sovereign immunity, international jurisdiction and courts' powers in labour disputes," International Law Office (April 2010) (co-authored)
"The International Comparative Legal Guide to : International Arbitration 2009" (Global Legal Group, 2009) (co-authored)  
"The International Comparative Legal Guide to : International Arbitration 2008" (Global Legal Group, 2008) (co-authored)  
"Japan enters a new era" (ADR in Asia: Solutions for Business) (co-author) 
Law and Business in Japan, New Edition (Commercial Law Centre, Inc., Publishers, January 2000) (co-author)
"Product Liability Act and Transactional Litigation in Japan," Texas International Law Journal, Vol. 34, No. 1, p. 93 (Winter 1999) (with Professor Kobayashi)
"International Parallel Litigation: Disposition of Duplicative Civil Proceedings in the United States and Japan," Pacific Rim Law & Policy Journal, Vol. 5, No. 1 (November 1995)
 
Books and Articles Authored in Japanese:
 
The New Legislation on International Jurisdiction of the Japanese Courts - Practitioner's Perspective (Shoji Homu Publishers, 2012) (co-author)
"International Civil Procedure - International Arbitration," Hougaku Seminar, Vol. 680 (August 2011)
"International Civil Procedure - final judgment," Hogaku Seminar, Vol. 678-679, (June - July 2011)
"<Administrative lawsuit> There have emerged a number of judgments that changed the traditional framework ~ The judicial reform promoted liberal mind of judges and candid debate among judges" The Lawyer (June 2011)
"International Civil Procedure - International Taking of evidence," Hogaku Seminar, Vol. 674-677, (February - May 2011)
"Is debating skill useful after graduation from schools?," Dream Navi, (February 2011)
"The future image of the bar examination and law schools," The Lawyers, (December 2010)
"International Civil Procedure - Motions before merits," Hogaku Seminar, Vol. 672, (December 2010)
"International Civil Procedure - International service of process," Hogaku Seminar, Vol. 670 and 671, (October and November 2010) 
"International Civil Procedure - Standing to sue," Hogaku Seminar, Vol. 669, (September 2010)  
"Profile of an arbitrator on the list," JCA Journal (September 2010) 
Analysis on New Bar Examination Questions (Nippon Hyoronnsha, 2010) (co-author)
"Triumph in International Civil Preservation Case between Japanese and Korean companies," The Lawyers, (August 2010)
"International Civil Procedure - Capacity and power of litigants," Hougaku Seminar, Vol. 668, (August 2010)
"International Civil Procedure - International Parallel Litigation," Hougaku Seminar, Vol. 667, (July 2010)
"Recent trends regarding civil jurisdiction in Japan," " Rodokeizaihanreisokuho, Vol.2058 (January 2010)
"International Civil Procedure - International Jurisdiction of Japanese Courts (1)~(5)," " Hougaku Seminar, Vol. 662~Vol. 666, (February - June 2010)
"International Civil Procedure - Framework for International Jurisdiction of Japanese Courts," Hougaku Seminar, Vol. 661, (January 2010)
"International Civil Procedure - Sovereign Immunity of Foreign States," Hougaku Seminar, Vol. 660, (December 2009)
""Rule of Law" and a verse from the Analects of Confucius," Hanrei Chiho Jichi, No. 320 (2009)
Analysis on New Bar Examination Questions (Nippon Hyoronnsha, 2009) (co-author)
"Bow-tie, Grand Bench and Penta-kun," Lawyers' Magazine, Vol. 9 (2009)  
"KOKARYO decision (Sup. Ct., Mar. 27, 2007) : Critical Review From Civil Procedure and International Litigation Perspectives" Keio Law Journal, No. 12 (January 2009)
Case Analysis on Administrative Lawsuits: Edited by Center for Administrative Lawsuits, Japan Federation of Bar Associations (Seirin Shoin, 2009) (co-author)
Analysis on New Bar Examination Questions (Nippon Hyoronnsha, 2008) (co-author)
"Parallel Liitgation and Lis Pendens - Intellectual Property High Court decision dated April 11, 2007" Hougaku Seminar, Vol. 634, (October 2007) (co-author)
Analysis on New Bar Examination Questions (Nippon Hyoronnsha, 2007) (co-author)
"Restructuring the Intervention Procedure," Hanrei Times, Vol. 1236, page 75 (June 2007)
"Constitutional Protection of Voting Rights of the Japanese Nationals Living Overseas," Human Rights International, Vol. 17, p. 120 (November 2006)
"Constitutionality of the Gatekeeper Regulations," Liberty & Justice, Vol. 57, No. 10, p. 94 (October 2006) (co-author)
"Judicial System Reforms: What have been achieve, and what shall be achieved Part II: The Day I become a Common Jury," Quarterly Keiso, Kinshu Issue (2006)
Analysis on New Bar Examination Questions (Nippon Hyoronnsha, 2006) (co-author) 
"Taking Evidence-in Arbitration," JCA Journal, Vol. 53, No. 2, p2 (co-author) (May 2006) 
"Supreme Court Judgment 2005: Voting Rights for Japanese Nationals Living Abroad: Commented by Lawyer in Charge," Hougaku Seminar, Vol. 615, p30 (March 2006) 
"Rules of Evidence in International Arbitrations," Japan Association of Arbitrators Bulletin, No. 3, p. 2 (December 2005) 
"Which Law Shall Apply? - Documentary Letter of Credit and Conflict of Laws-," The Seikei Journal of Legal, Political and Social Science, No. 62, p. 145 (December 2005) 
"Case note: ‘Extraordinary Circumstances’ to deny International Jurisdiction of the Japanese Court," Shiho Hanrei Remarks, No. 31, p. 134 (2005) 
"Law School News: You cannot sleep during my Civil Procedure class !,” May 2005 Issue, p. 4 
"Judicial System Reforms: What have been achieve, and what shall be achieved," Quarterly Keiso, No.2, Vol. 2 (2005) 
"Equal Employment Opportunity Lawsuits in the U.S. and Protection of Employee Privacy in Japan," Journal of Management Lawyers, Vol. 137 (2003) (co-author)
Basic Theory on International Intellectual Property Infringement (Keizai Sangyo Chosakai, Publishers, 2003) (co-author)
"Antisuit Injunctions," in International Civil Litigation (Seirin Shoin, Publishers, 2002)
Commentary on the Financial Products Sales Act (Shin Nihon Hoki, Publishers, 2001) (co-author)
Manual for the New Code of Civil Procedure, New Edition (Hanrei Times, Publishers, 2001) (co-author)
"International Jurisdiction and Choice of Law in Labor Disputes," Journal of Management Lawyers, Vol. 129 (2000)
"International Jurisdiction for Intellectual Property Infringement Litigations - the U.S. Perspective," in Intellectual Property Institute's Research Project (March 2000)
"How to deal with Sexual Harassment," Nikkei Business (February 1999)
International Parallel Litigation (Shinzansha, Publishers, 1997)
Commentary on the New Code of Civil Procedure (Shin Nihon Hoki, Publishers, 1997) (co-author)
"International Parallel Litigation - Comparative Studies and Legislative Proposal," Journal of Trade & Tariff (January through June 1996)

Academic Presentation

"Consideration on New Bar Exam in 2011 - Civil Law Exam," chaired round-table discussion, reproduced in Hogaku Seminar, Vol. 680 (August 2011)
"Arbitrator Training Course 2010 ("The significance of International Commercial Arbitration in International Civil Affairs Dispute Settlement", "The significance of Arbitration in Business and Investment in Developing Country," Lectured for the seminar organized by Japan Association of Arbitrators (November 2010)
"The Cultural issues in litigation in the Asia Pacific region - myth or reality?," Participated as a panalist at International Bar Association, IBA Annual Conference 2010 in Vancuver, Canada (October 2010)
"Next Agenda for Lawmaking in the Arena of International Private Law and International Civil Litigation" presented at the 122nd Conference of the Private International Law Association of Japan (Autumn 2010)
"Consideration on New Bar Exam in 2010 - Civil Law Exam," chaired round-table discussion, reproduced in Hogaku Seminar, Vol. 668 (August 2010)
"Arbitrator Training Course I ("Arbitration agreement and the Procedure of Arbitrator Election", "Arbitration Trial Procedure (including examination of evidence)", "Enforcement and Cancellation of Arbitral Award") Lectured for the seminar organized by Japan Association of Arbitrators (November and December 2009)
"Consideration on New Bar Exam in 2009 - Civil Law Exam," chaired round-table discussion, reproduced in Hogaku Seminar, Vol. 656 (August 2009)
"Voting Rights for Japanese Nationals Living Abroad - Trajectory to the Supreme Court Judgment," a Lecturer (July 2009)
"Transparency of Japanese Laws Project Symposium," Participated as a panelist, reported in NBL, No. 900 (2008)  
"Internationalization of Japanese Civil Procedure," a Panelist (November 2008)  
"Symposium on New Bar Exammination 2008 - Perspective from Legal Practice," a Panelist (August 2008)  
"Consideration on New Bar Exam in 2008 - Civil Law Exam," chaired round-table discussion, reproduced in Hogaku Seminar, Vol. 644 (August 2008)  
"Transparency of Japanese Laws - the 1st Symposium," Participated as a lecturer and a panelist, reported in Jurist, Vol.1312, p30 (2006)  
"The IBA Rules of Evidence Five Years Later - Japan: Retrospective and Prospective," presented at International Bar Association, The 2005 Annual Conference in Prague, Czech Republic (2005) 
"Domestic Protection of Foreign Copyrights," presented at the 2000 Annual Conference of the Japan Copyright Law Association, reproduced in Copyright Law Journal, Vol. 27 (2003)

Education

The University of Tokyo (LL.B., 1988); The Legal Training and Research Institute of the Supreme Court of Japan, 1988-1990; graduate study, Harvard Law School (LL.M., 1995; Addison Brown Prize, 1995). Associated with Whitman Breed Abbot & Morgan (currently Winston & Strawn), New York, 1995-1996.

Professional Admissions

Japan (1991)
New York (1996)

Professional and Academic Associations

・Dai-ni Tokyo Bar Association
・International Bar Association
・Member, Management Lawyers Council
・Worked for the Japanese Ministry of Home Affairs (currently the Ministry of Internal Affairs and Communications) (1988-1989)
・Adjunct Lecturer, Rikkyo University (2000-2008)
・Visiting Professor, Seikei University (2003-2004)
・Professor, Seikei Law School (2004-2011)
・Organizer, Study Group of Japan Association of Arbitrators (2004-present)
・Member, Labor Legislation Committee of Japan Federation of Bar Associations (2005-present)
・Member, Gatekeepers Taskforce, Japan Federation of Bar Associations (2006-present)
・Member, International Private Law Committee, Japan Federation of Bar Associations (2006-present)
・Member, Insurance Claims Examination Committee, Fuji Fire and Marine Insurance Co., Ltd. (2007-present)
・Adjunct Lecturer, Keio University, School of Law (2008-2009)
・Adjunct Lecturer, University of Tsukuba, Graduate School of Business Sciences (2008-2009)
・Secretary, Legislative Council of the Ministry of Justice (2008-2010)
・Board Member, Japan Association of Arbitrators (2011-present)
・Adjunct Lecturer, Seikei Law School (2011-present)
・Member, Civil Litigation Practice Committee, Japan Federation of Bar Associations (2011-present)
・Special Member, Dispute Reconciliation Committee for Nuclear Damage Compensation, Ministry of Education, Culture, Sports, Science & Technology (2011-present)

Languages

・Japanese (first language)
・English