Mitsuaki Nakakubo | Asahi Law Offices

Members

Partner

NAKAKUBO, Mitsuaki
Personal History

1992
Graduated, Faculty of Law, The University of Tokyo

 

 

1995
Registered as an attorney (Daini Tokyo Bar Association)

 

 

2004-2005
Vice Chairman, Legal Training Committee, Daini Tokyo Bar Association

 

 

2004-2007
External lecturer, The Legal Training and Research Institute (Cross examination)

 

 

2008-2009
Member, Regular Meeting, Daini Tokyo Bar Association

 


External commissioner (officially announced)
-NIKKISO CO., LTD. (listed on the first section of TSE)

 Outside Director (present)

 


-FANCL CORPORATION (listed on the first section of TSE)

 Outside Director (present)

 


-NIPPON KODO HOLDINGS CORPORATION

 Outside Company Auditor (present)

 


-GS Yuasa Corporation (listed on the first section of TSE)

 Substitute Corporate Auditor (present)

 


-Seikagaku Corporation (listed on the first section of TSE)

 Member, Ethical Review Committee of Handling Samples Collected from Human Donors (present)

 


-Japan International Cooperation Agency

 Member, Contract Audit Committee (2012 to 2019)

 


-Acrodea, Inc. (listed on the Mothers section of TSE)

 Member, External Investigation Committee (2010)

 


-PASCO CORPORATION (listed on the first section of TSE)

 Member, Internal Investigation Committee (2016)

 


-Member, Working Group for Supporting Artists with Disabilities co-sponsored by Ministry of Health, Labor and Welfare (2013)

Major Areas of Practice

Disputes on officers’ liability (shareholder’s derivative lawsuit, etc.,) Copyright-related matters, consultation on PL of automobiles, claims handling, matters related to the Unfair Competition Prevention Act, matters related to real estate (developer, rights adjustment, etc.), and other general lawsuits

Cases Handled

-Kokusai Kogyo Co., Ltd., Shareholder derivative lawsuit (for the Defendant Executives) (First instance: Tokyo District Court Judgement dated February 28, 2013/p.38 in Kinyu Shoji Hanrei no. 1416) (Second instance: Tokyo High Court Judgement dated January 21, 2014)

 

-SANYO Electric Co., Ltd., Stockholder’s representative action (illegal dividend) (for the Defendant Executives) (First instance: Osaka District Court Judgement dated September 28, 2012/p. 247 in Hanrei Times no. 1393, p.104 in Hanrei Jiho No. 2169) (Second instance: Osaka High Court Judgement dated December 26, 2013) (Court of the last result: Second Petty Bench of the Supreme Court Decision dated March 27, 2015)

 

-The Long-Term Credit Bank of Japan, a case of illegal dividends (for the Defendant Executives) (First instance: Tokyo District Court Judgement dated May 29, 2005/p.3 in Hanrei Jiho no.1900) (Second instance: Tokyo High Court Judgement dated November 29, 2006/p.245 in Hanrei Times no.1275) (Court of the last result: Second Petty Bench of the Supreme Court Decision dated July 18, 2008)

 

-A case seeking for an injunction to halt business merger between two banks (for the Defendant Bank) (Tokyo District Court Judgement dated February 13, 2006/p.3 in Hanrei Jiho no.1928)

 

-A case seeking for an injunction to halt unfair competition, etc. against the competitor (for the Plaintiff Manufacturer) (Tokyo District Court Judgement dated May 25, 2007/p.113 in Hanrei Jiho no.1989)

 

-Appeal trial seeking for declaration of non-existence of the right to seek an injunction based on the copyright of Peter Rabbit (for the Appellee) (Osaka High Court Judgement dated October 2, 2007/p.310 in Hanrei Times no.1258)

 

-Appeal trial claiming damages regarding the Stock Option issued by a telecommunications company listed on the TSE (for the Appellant Former Executive Officer) (Tokyo High Court Judgement dated September 29, 2009/p.51 in Shoji Homu no.1879)

 

-Tokyo Electric Power Company Holdings, Inc., accused of professional negligence resulting in death and injury related to the Fukushima nuclear crisis(for the Accused Executives)(Tokyo District Court Judgement dated September 19, 2019/p.5 in Hanrei Jiho no.2431・2432 combined)