TOMOO NISHIKAWA offers a unique practice utilizing his wealth of experience as a leading authority on regulatory and financing transactions, a legislator and a government officer. Mr. Nishikawa’s unique practice includes taking the lead advisory role in the following:
- Assisting a major foreign insurance company with the sale of its Japanese subsidiary insurance company resulting in a record speed governmental approval for the change in the parent of the Japanese subsidiary.
- Successfully assisting one of the world’s renowned airlines in its negotiation with a major Japanese airline regarding their global alliance issue. This included strategic advice on effectively presenting the focal points to the relevant parties, such as top government officials, and arranging opportunities to negotiate with the parties.
- Successfully assisting a foreign corporation in its formation of a LCC (low-cost carrier) with a leading Japanese airline.
- Assisting a global pharmaceutical company and its affiliates in executing a supply agreement with the Japanese government on pandemic vaccines, by playing a prominent role in the process of passing the new law required for the government to execute such an agreement.
- Assisting a global electric appliance company to prevail in a test case for “patent trolls,” through negotiations with relevant authorities by making convincing arguments on the initial purpose of applicable laws as well as possible adversary effects on relevant Japanese industries/businesses if the opposing party should prevail.
- Making theoretical explanations to and coordinating with relevant authorities to resolve anti-monopoly legal issues that seemed to arise out of an M&A between our client, a leading manufacturer of industrial instruments and another global manufacturer. The merger between the two companies was ultimately approved by the authorities.
- Assisting a worldwide health food company in dealing with regulatory customs issues concerning classification of its imported product. A persuasive argument was made and the relevant authority concluded with the issuance of an official guideline that this type of product would not fall under the classification at issue, ensuring that the regulations otherwise applicable would not apply.
- Assisting one of the world’s leading warranty service companies in successfully making a theoretical argument that the requirement to obtain an Insurance Business License does not apply to its extended warranty services in Japan.
- Forming a successful scheme for a large foreign investment bank in its injection of capital into a subsidiary of a large domestic bank for the purpose of offloading relevant non-performing loans and addressing associated BIS issues.
- Assisting a major European bank in lobbying on the issue that the proposed “Quasi-Foreign Company” provision (Article 821, Corporation Law (2005)) could prevent existing foreign companies (including our client) in Japan from continuously conducting business in Japan. This assistance led to the issuance of clarification by the relevant Japanese authority that the provision would not apply to those already conducting business in Japan.
Mr. Nishikawa served as a government officer at the Ministry of Construction (now Ministry of Land, Infrastructure, Transport and Tourism, “MLIT”) from 1972-1975, and was a member of the Japanese House of Representatives from 1996-2000. In addition to his knowledge and experience as a government officer and a legislator, Mr. Nishikawa is thoroughly familiar with the complex administrative and legislative systems in Japan. With the experience he gained through his career as a government officer and a Diet member, Mr. Nishikawa is able to offer invaluable services to clients, applicable to circumstances in today’s global economy and to Japanese laws. Those laws still lack in transparency and often provide difficulties for many of the domestic and foreign businesses operating in Japan when it comes to interpretation. Prior to forming an affiliation with Sidley Austin LLP in 2002, Mr. Nishikawa was instrumental in the development of the Japanese No Action Letter system, an initiative which has been invaluable to increasing the transparency of the Japanese regulatory process. He is a pioneer of the system, having the first No Action Letter posted in Japan for a global insurance company. Mr. Nishikawa has been described in the Asahi Newspaper as a pioneering lawyer who took initiatives in the administrative law-making process.
In addition to his strong regulatory capabilities, and other capabilities including antitrust/ competition, M&A, corporate governance, insurance, and international trade, Mr. Nishikawa is particularly prominent in structured finance transactions and has, throughout his career as a lawyer, represented financial institutions, airlines and film companies in numerous complex structured finance transactions. Prior to forming an affiliation with Sidley Austin LLP, he was involved in numerous Indonesian public project financings, and was a representative of the World Leasing Council at the Unidroit Convention on International Financial Leasing in Ottawa, Canada.
Mr. Nishikawa has been recognized by Asia Pacific Legal 500 and Who’s Who Legal as a leading individual in the Banking and Finance and Life Sciences categories.
Admissions & Certifications
- Japan (Dai-ni Tokyo Bar Association)
- Harvard Law School, LL.M., 1979
- University of Tokyo, LL.B., 1972