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Professionals

西垣建剛

Kengo Nishigaki

Representative Partner

Overview

Kengo Nishigaki founded GI&T Law Office LC in 2020. Before that, he worked at Baker & McKenzie from 2000 to 2020, being a partner of the dispute resolution group for more than 10 years. From 2004 to 2005, he worked at Baker & McKenzie’s Chicago office where he worked on matters related to compliance with the US Foreign Corrupt Practices Act. He is admitted to practice in Japan and New York. Kengo was partially seconded to ZimmerBiomet at its Japanese subsidiary, a global medical device company to support their in-house work from 2016 to 2017.

 

Practice Focus

Kengo’s practice focuses on fraud investigations for Japanese and foreign listed companies, as well as matters related to compliance with anti-corruption laws including the US Foreign Corrupt Practices Act, UK Bribery Act and the Unfair Competition Prevention Act of Japan. Kengo also represented major Japanese and foreign-listed companies in the healthcare and IT industry in litigation, arbitration and mediation proceedings in relation to commercial and labor disputes .

 

Representative Clients, Cases or Matters

  • Assisted Japanese listed companies with establishing global whistleblower systems.

  • Represented a global pharmaceutical company in an international arbitration under the ICC rules seated in Paris.

  •  Represented an international IT company operating in Tokyo for several labor disputes at the courts of Japan.

  • Represented a Japanese real estate company for negotiation with an international hotel chain to open a hotel in Tokyo.

  • Assisted global pharmaceutical and medical device compamies with clinical research agreements with hospitals.

  • Assisted one of the world's largest pharmaceutical companies in a dispute with the Japan Pharmaceutical Manufacturers Association, the largest Japanese pharmaceutical industry organization, regarding alleged inappropriate spending on healthcare professionals.

  • Assisted one of the world's largest medical device companies in a dispute with the Japan Fair Competition Council, a medical device industry association given regulatory authority under the Japanese Anti-Trust Law.

  • Served as a member of a third party investigation committee for Japan Transportation Consultants, one of the largest consulting and engineering companies in Japan, regarding its suspected bribery of foreign officials in Vietnam, Indonesia, and Uzbekistan which led to the arrest of four company officials in Vietnam and a further investigation in Indonesia. This has been the largest foreign bribery case since the enactment of Article 18 of the Unfair Competition Prevention Act of Japan to comply with to the OECD Anti-Bribery Convention.

 

Publications, Presentations and Articles

  • Provided FCPA trainings to dealers in the medical device injustry for American Medical Devices and Diagnostics, an industry organization, from 2012 to 2020.

  • Authored “Introduction to FCPA Resource Guide 2nd Edition”, Business Law Journal, LexisNexis, November 2020.

  • Chief editor and co-author, "Anti-Corruption Practice for Companies Doing Business Abroad, " Chuokeizai-sha, May 20, 2013, Language: Japanese.

  • Co-author, "How to Respond to FCPA Resource Guide", Business Law Journal, Lexis Nexis, March 2013.

Professional Affiliations

  • Kengo is a member of the Japan Federation of Bar Associations, the Tokyo Bar Association and the New York Bar Association.

 

Education and Admission

  • Kengo received his LLB from the University of Tokyo, and his LLM from the New York University School of Law. Kengo is qualified to practice in Japan and New York.

 

Languages

-      Japanese, English

 

平石努

Tsutomu Hiraishi

Partner

Overview

Tsutomu Hiraishi obtained his Bachelor of Laws from the University of Tokyo in 1988. Further, he received his Master of Laws from University of Pennsylvania, Law School (LL.M.) in 1993 and New York University, School of Law (LL.M. in Corporation Law) in 1994. In 1998 – 2000, he attended a training course at the Legal Training and Research Institute of the Supreme Court of Japan.

 

Representative Clients, Cases or Matters

In 1988 – 1996, he worked for the Bank of Tokyo, Ltd. (Kanda Office, Capital Markets Division, and Legal Department). After the mandatory two-year training at the Legal Training and Research Institute of the Supreme Court of Japan, he joined Baker & McKenzie GJBJ – Tokyo Aoyama Aoki Koma Law Office in April 2000 and worked as a partner (2006- ) there, until he moved to Jakarta in January 2012.

There are so many works and represented clients, such as Japanese government agencies (JETRO, JBIC, NEDO, etc.), banks, securities companies, major manufacturing companies, trading companies, etc. in relation to cross-border transactions, foreign investment, emissions trading, structured finance, etc.  With respect to the businesses of Japanese companies in Indonesia, he assisted many clients which established joint venture companies, obtained finance from local banks, liquidated its subsidiary, started real estate development projects, filed a civil litigation and criminal report, researched foreign investment regulations or needed other various legal assistance in Indonesia.

From September 2003 until September 2004, he was stationed in Jakarta as Project Formulation Officer (Judicial Reform) of the Japan International Cooperation Agency (JICA) and dedicated himself to judicial reform by the Supreme Court in Indonesia.

Education and admission

Tsutomu is qualified to practice law in the State of New York (1994), Japan (2000), and England & Wales (2020). 

 

Language

-      Japanese, English, Bahasa Indonesia

Atsushi Hagino

萩野敦司

Partner

Overview

Atsushi Hagino started his career focusing on corporate compliance including litigations and bankruptcy in Japan after admitted in Japan in 2000. Atsushi Hagino is fluent in Chinese and he has been assisted major Japanese companies both in Japan and China in their advancement into Chinese markets, operation, withdrawal, intellectual property, dispute resolution and other Chinese legal affairs. In the trends of China Plus One, Atsushi Hagino also acquired various Asian languages ​​such as Thai, Vietnamese, and Burmese, and provide legal support for Japanese companies related to these countries. Since 2019, Atsushi Hagino has been appointed as a legal advisor of Asia Alliance Partner Co., Ltd. in Thailand, and assisted Japanese companies in Thailand with contracts, labor, land, customs and other legal issues.

 

Education

1998 BSc Law, University of Tokyo

2002 Diploma in Short-term Chinese language course, Beijing Language and Culture University (now Beijing Language University) 

2012 LL.M in International Commercial Law, Queen Mary, University of London

 

Work History

1998-2000 The Legal Training and Research Institute of Japan, Law Apprentice

2000-2001 Tanabe & Partners, Associate

2001-2019 Uryu & Itoga (the former name: Itoga Law Office)

2005-2019 Partner

2005-2010 Representative of Shanghai Office

2014-2016 Representative of Beijing Office

2009 Adjunct Instructor, Kyushu University

2019 - Legal Advisor of Asia Alliance Partner, Co., Ltd. (Bangkok, Thailand)

2020 - GI&T Law Office, Partner

 

Languages

-      Japanese, English, Mandarin Chinese, Thai, Vietnamese, Burnese

 
 

Wai Keong Shum

Counsel

 

Yuji Yamamoto

山本祐司

Associate

Overview

Yuji Yamamoto joined GI&T Law Office in September 2020. Prior to joining the GI&T Law Office, Yuji worked as a corporate lawyer in a frozen food company in Tokyo from 2017, where he mainly handled domestic and international contract screening, M&A, compliance of Personal Information Protection Law including GDPR, and risk management to corporate scandals.

 

Yuji gained a LL.B from Waseda University in 2009 and LL.C from the University of Tokyo, Graduate Schools of Law in 2012, and he started his career as a criminal lawyer in a law firm in Tokyo led by a former prosecutor, where he handled many criminal cases and gained experiences in negotiating with police officers, prosecutors, and courts. From 2016 to 2017, he moved to a general law firm in Tokyo and advised for general corporate compliances, labor affairs.

 

Work History

2014         Admitted in the Japan Federation of Bar Associations, the Tokyo Bar Association, and joined a criminal law firm in Tokyo

2016         Joined a general law firm in Tokyo

2017         Corporate Lawyer at the frozen food manufacture listed in the 1st Section of Tokyo Stock Exchange

2020         Joined GI&T Law Office

 

Education and admission

Yuji received his LLB from Waseda University, and his LLM from the University of Tokyo, Graduate Schools of Law. Yuji is a member of the Tokyo Bar Associataion.

 

Languages

-      Japanese, English

Yuji Yamamoto

山本祐司

Associate

Overview

Yuji Yamamoto joined GI&T Law Office in September 2020. Prior to joining the GI&T Law Office, Yuji worked as a corporate lawyer in a frozen food company in Tokyo from 2017, where he mainly handled domestic and international contract screening, M&A, compliance of Personal Information Protection Law including GDPR, and risk management to corporate scandals.

 

Yuji gained a LL.B from Waseda University in 2009 and LL.C from the University of Tokyo, Graduate Schools of Law in 2012, and he started his practice in a law firm in Tokyo. He primary advised on many criminal cases and honed his skill of collecting evidences and criminal courts. Yuji also have good experiences in negotiating with police officers, prosecutors, and courts. 

 

Work History

2014 Admitted in the Japan Federation of Bar Associations, the Tokyo Bar Association

2014 Joined a law firm in Tokyo

2017 Corporate Lawyer at the frozen food manufacture listed in the 1st Section of Tokyo Stock Exchange

2020 Joined GI&T Law Office

 

Education and admission

Yuji received his LLB from Waseda University, and his LLM from the University of Tokyo, Graduate Schools of Law. Yuji is a member of the Tokyo Bar Association.

 

Languages

-      Japanese, English

Wai Keong Shum

Counsel

Overview

Wai Keong Shum joined the firm in February 2021. Prior to this, he was an in-house counsel at a Fortune Global 500 IT and management consultancy company, where he led the regulatory and compliance team for Southeast Asia and South Korea. Wai Keong advised on a broad range of issues including anti-corruption & bribery, competition law, data privacy, cybersecurity, artificial intelligence, immigration & employment, and responsible business & corporate transparency matters such as human rights, modern slavery, inclusion & diversity and environmental sustainability.

Prior to that, Wai Keong was a dispute resolution lawyer with Baker McKenzie in Singapore. His practice focused primarily on international commercial arbitration across diverse industries including oil & gas, mining, infrastructure, technology, automobile and property development. He also acted and advised on commercial litigation, compliance, internal investigations and insolvency matters. He also spent considerable time on Indonesian matters and was seconded to Baker McKenzie’s office in Indonesia.

 

Practice Focus

Wai Keong's practice focuses on international arbitration, compliance and fraud investigations.

 

Representative Clients, Cases or Matters

  • Representing a Hong Kong coal company in ICC proceedings commenced against a Swiss multinational commodities company for breach of agreements to supply Indonesian coal governed by Singapore law involving disputed sums in excess of US$11 million.

  • Representing a major US-based coal company in ICC proceedings against its India-based coal supplier over disputes concerning the quality of coal delivered. 

  • Representing a South Korean oil and gas company in SIAC proceedings commenced by its Indonesian joint venture partner for breaches of an equivalent interest agreement relating to a US$65 million contribution to the former’s participating interest in a farmout agreement for the exploration and production of oil and gas in East Java, Indonesia

  • Representing a major Indonesian tyre manufacturer in ICC proceedings brought by a Dubai tyre supplier for breach of a supply contract governed by Indonesian law. The dispute concerns investigations into contracts of sale concluded by an unauthorized agent.

  • Representing a US-based global car rental operator in ICC proceedings with its Indian franchisee for breach of a licensing agreement governed by Indian law to adopt the former’s business systems involving disputed sums in excess of US$23 million.

  • Representing a major South East Asian state-owned car manufacturer in SIAC proceedings with its Chinese joint venture partner for breaches of a US$45 million joint venture agreement governed by Chinese law. The dispute concerns issues relating to Chinese national policy on the entry of foreign investments into China.

  • Representing a South Korean global energy and resources operator in SIAC proceedings commenced by a German steel manufacturer for breaches of an agency agreement governed by Singapore law. The dispute concerns back-to-back guarantees for the release of certain monies and breach of fiduciary duties.

  • Representing an Indonesian coal company in SIAC proceedings commenced by a Swiss multinational commodities company for claims in excess of US$17.5 million for breaches of a supply contract governed by English law. The dispute concerns issues related to Indonesian domestic laws, force majeure and illegality

 

Compliance, regulatory and other matters

  • Advising and managing risks arising from potential collusion and breaches of competition and procurement rules relating to a client’s bid for a US$300 million digital transformation of a major Southeast Asian sovereign wealth fund.

  • Setting up and project managing a Chinese client’s internal compliance advisory committee, which is responsible for catalysing and overseeing all significant regulatory and compliance matters in China.

  • Coordinating and project managing the establishment of strategic fit-for-purpose entities for a client in Singapore, China and Malaysia to support various business expansions and client deals.

  • On-the-ground management of unannounced dawn raids of a client’s Seoul and Singapore offices by tax and manpower regulatory authorities.

  • Advising on the regulatory and compliance aspects on strategic client deals including: 

  • setting up an SPV to service a global trading and logistics company based in Malaysia in a US$200 million deal;

  • a US$40 million business process consulting deal with a major Southeast Asian state-owned oil and gas company;

  • a business process outsourcing deal worth US$160 million across Malaysia, Indonesia, China and Japan with one of the world’s largest pulp and paper companies based in Indonesia; 

  • a collaboration agreement between an Irish and a Korean consulting company to enable the Irish company to continue to operate in Korea after the sale of their local operations.

 

Publications, Presentations and Articles

  • Speaker, ALB Southeast Asia Anti-Corruption Forum – Conducting Effective Risk Management and Monitoring Prior to New Investments in Asia and High Risk Countries (Aug 2019) 

  • Speaker, Lexology Live – Cybersecurity: What Constitutes a Reasonable Corporate Response (Feb 2019)

  • Speaker, Norton Rose Fulbright Singapore & Hong Kong – The Impact of Modern Slavery Laws: Addressing Human Rights Issues In Corporate Operations and Supply Chains in Asia (Oct 2018)

 

Professional Affiliations

Wai Keong is member of the Law Society of Singapore and the Singapore Academy of Law

 

Education and Admission

Wai Keong received his LLB from the National University of Singapore. He is qualified to practice in Singapore.

 

Languages

-     English, Mandarin, Cantonese, Bahasa Indonesia, Malay

 

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