Successfully Completed Cases
- Civil Case -
We thoroughly investigate all aspects of the case aiming for the best resolution
We are committed to resolving civil cases as well as criminal cases, and recently are receiving an increasing number of requests from small to medium enterprises relating to management difficulties they are having (disputes with business partners, investigations or responses to fraud etc. within the company).
We also accept requests for cases that require examination of materials in English and with negotiations in English, such as when the other party is a foreign company. Even if the case goes to trial, we will carefully investigate all the facts and explore which aspects of the case to focus our efforts on. Starting with the negotiation stage, we will also identify the appropriate evidence and aim to realize an early resolution. Taking advantage of our deep experience of handling criminal cases, we will advise you on how to deal with those that are likely to develop into criminal cases before investigations begin.
In addition, we are increasingly receiving inquiries that could lead to lawsuits relating to treatment of staff, such as reassignment and dismissal (termination of employment).
We have experience in handling cases on both the company side and the worker side, so regardless of your complaint we will be able to respond rationally based on the expected arguments from the other party.
Due to, for example, the particularly large scale of a case, we could determine that a larger team would be beneficial, in that situation we may contact a collaborating lawyer who meets the client's needs, and, with the client's consent, handle the case as a collaborating team of lawyers.
Internal Investigation Related to Corporate Management Issues & Recovery of Damages
Investigation of Embezzlement of Business Funds by a Business Partner and Negotiation to Recover Damages
Obtained a reversal of the perpetrator’s denial, and realized the recovery of funds
When the client (living overseas) established the company in Japan, he invested in acquiring shares, and gave the position of CEO to a Japanese person as a management partner and entrusted the managing of the company to them. After doing so, our client began to suspect that he had been betrayed by his management partner, who he thought had embezzled a total of more than 3 million yen of company funds.
The management partner initially refused to admit to this and refused to return any money.
However, a close examination of the email exchanges and account histories of those involved found evidence to support the embezzlement. In addition, it was found that our client’s partner had been doing a side job that he was prohibited from doing. These fraudulent acts were committed as the Japanese partner had anticipated that our foreign client would not be able to fully grasp the meaning of communications taking place in Japanese.
When we confronted the management partner, who was the perpetrator, with the results of the investigation a settlement was reached consisting of returning a total 4.4 million yen, which was the full amount of money embezzled, plus attorney's fees etc.
Request for Refund of the Purchase Price of Machinery Due to Breach of Accountability
Despite starting from complete lack of contact, realized the recovery of the full purchase price
Our client purchased machinery from a company necessary for his business overseas. However, the machinery did not have the functions described by the company at the time of purchase. At first, the client repeatedly made inquiries to the company that sold the machinery on his own, but they did not admit fault and they stopped responding to him.
However, after appointing us as his lawyer, by examined the email exchanges leading up to the signing of the contract and in the process of amending the contract, we found a lot of evidence to support our client's claims. Therefore, we presented these pieces of evidence to the company in detail and negotiated again. As a result, they returned the full price of the machinery to our client.
Negotiation for Compensation of Criminal Injury
Received a settlement of 2.2 million yen after the opponent in the case previously refused even to apologize
Our client was assaulted by a man and suffered facial bruises, wrist sprains and other injuries. Police initially opened an investigation for the simple charge of assault. However, there was not even an apology from the perpetrator.
After we were appointed, we collected documents detailing the client's injuries and medical treatment and, due to our client's injuries, appealed to the police to investigate the case as the more serious crime of bodily injury. In addition, we also recorded in writing our client's anger at the attitude of the perpetrator, who refused to even apologize, and submitted it to the police.
As a result, the police switched to investigating the crime as a case of bodily injury and consequently they became more serious with the investigation.
In response to this change of circumstances, the perpetrator, who recognized the gravity of the situation, also appointed a lawyer and proposed a settlement. As a result of the subsequent negotiations, a settlement of 2.2 million yen including damages was reached.
Labor Cases (Employer Side)
Disciplinary Dismissal for Misconduct Within the Company
A settlement was reached in which the proposal of our client company was fully accepted by the labor tribunal
An employee within our client company became known who was suspected of diverting the company's entertainment expenses for personal use. Therefore, first of all, we conducted an investigation.
By analyzing past emails and LINE exchanges, we clarified the date and time of fraudulent activity as well as the amount of money involved.
Based on this, a resignation proposal and disciplinary dismissal (ordinary dismissal as a preliminary measure) were implemented. After that, the worker filed a petition with the labor tribunal, but a settlement was reached according to our client's request on the premise that the dismissal was valid.
Resignation Proposal Based on Sexual Harassment
A resignation agreement was concluded under the terms presented by the client company in the negotiations
There was a report of a case of sexual harassment within the company. In-house investigations were conducted and statements from witnesses and the victim were prepared. In addition, during this process, we received the submission of evidence supporting the facts of the crime. Based on multiple statements and objective evidence, we prepared an investigation report that also took into account the possibility of a lawsuit.
Then, assuming the facts were actually as we found them to be in our investigation report, we advised on the appropriate response by considering different scenarios for resignation negotiations of the employee implicated and, if negotiations failed, notification of their dismissal. Following this, we implemented a resignation proposal. The offending employee admitted the facts and concluded a resignation agreement on the terms presented by the company.
Labor Cases (Employee Side)
Resignation Agreement with Adequate Financial Compensation was Obtained Following Illegal Retirement Proposal
From an initial offer of only two months' salary, a resignation agreement was concluded that allowed the employee to stay at the company until they had secured new employment, and provided financial compensation amounting to one year's salary (including bonuses).
Our client was hired by a foreign company, but on top of their probationary period being arbitrarily extended, the company proposed their resignation with only two months' salary in compensation, less than a year after starting work. This case also involved special circumstances in which the annual salary exceeded 20 million yen.
The circumstances of the retirement proposal claimed by the company were: (1) closing of the position hired and (2) a mismatch in ability. Our client submitted to us their correspondence at the company since they started work, and we scrutinized in detail the facts claimed by the company. As a result, we found that there was not enough basis for the claims cited by the company, namely (1) They were closing the hiring position, and (2) our client’s lack of ability, and that the case could be refuted. We highlighted in detail the evidence we had collected while written negotiations were held with the company.
In the end, a resignation agreement was reached that would allow our client to stay with the company for the period necessary to secure alternative employment, and they were paid one year's salary (including bonuses).
Disputing the Validity of Illegal Transfer Order and Dismissal
A settlement was reached at the labor tribunal with one year's salary as a separation package
Our client was an office worker who worked as a staff member at a corporate office in Tokyo for about one year. However, one day, they were suddenly re-assigned to work at one of the company's regional factories. What's more, if they refused, they would be fired. The company explained that they were assigned to become a mentor for on-site workers. However, in reality, it was suspected to be a case of arbitrary assignment based on the wishes of their boss with whom they had an uncomfortable relationship. Our client did not want to return to the company, but wished to change jobs with some degree of financial security first. Important points such as whether there was really a business necessity to support reassignment at the company, what the factual course of the reassignment was, and whether there were similar cases of reassignment in the past, were examined through email exchanges in light of objective evidence and circumstances such as and business content. Based on this, the labor tribunal argued that the transfer order and dismissal were invalid. As a result, on the premise that the transfer is invalid, a settlement was reached with the content of receiving one year's severance pay according to the client's wishes.