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Nonaka, Scott T.

Scott T. Nonaka

パートナー
  • 商取引に関する訴訟及び紛争処理
  • 虚偽権利主張法
  • グローバル 仲裁・貿易・アドボカシー
  • ホワイトカラーの弁護と捜査

Biography

SCOTT NONAKA is a seasoned trial lawyer who represents clients in a broad range of high-stakes complex commercial disputes in the U.S., Asia, and Europe. Scott focuses on disputes arising from joint ventures, collaboration deals, investments, mergers, acquisitions, and partnerships in the life sciences, technology, and financial services areas.

From 1999 to 2002, Scott served as Assistant U.S. Attorney for the Northern District of California. He is a member of the Panel of Arbitrators of the Singapore International Arbitration Centre, and he has served as arbitrator in International Chamber of Commerce and Japan Commercial Arbitration Association arbitrations. From 2008–2013, Scott practiced in Japan as a registered foreign lawyer.

The Best Lawyers in America has recognized Scott for several years in the area of Commercial Litigation. The Legal 500 and Global Arbitration Review have recommended Scott for Dispute Resolution. Chambers Global and Chambers Asia have ranked Scott in “Band 1” for dispute resolution. Clients praise Scott’s “excellent trial advocacy and examination skills” as well as his arbitration experience “not just as counsel but also as arbitrator.”  

Experience

Representative Matters

Litigation and Arbitration*

  • Won a defense award in ICC arbitration for a global pharmaceutical company involving claims of more than $300 million arising out of collaboration agreements.
  • Successfully defended a multinational LNG supplier in UNCITRAL arbitration against a foreign state-owned energy company involving claims of more than $630 million.
  • Defending a large U.S. technology company in U.S. District Court in Massachusetts against highly-publicized claims for stalking and harassment.
  • Won significant multi-million dollar damages award for California broker-dealer in FINRA arbitration arising from securities transaction in Asia.
  • Won defense verdict in Massachusetts state court for a large U.S. technology company in a $180 million tort and contract action arising from alleged breaches of an earn-out clause.
  • Won a favorable award and negotiated a favorable settlement for a U.S. investor-controlled Mexican trust in ICC arbitration and multi-jurisdictional litigation arising from a $200 million real estate project in Mexico.
  • Defeated claims of approximately ¥10 billion on behalf of a Mongolian mining company in a lengthy JCAA arbitration brought by a Japanese multinational company. 
  • Won damages and attorneys’ fees award for a large U.S. multinational in JCAA arbitration against a Japanese company arising out of breaches of a distribution and licensing agreement. 
  • Successfully represented a leading Japanese hotel company in California state court litigation arising from alleged breach of contract, tort and discrimination claims. 
  • Lead trial counsel for a Japanese auto parts company in U.S. federal court in a lawsuit brought by a U.S. government agency alleging claims of $175 million. 
  • Obtained favorable resolution for a leading U.S. internet and technology company in a multi-jurisdictional ICC arbitration and litigation involving IP, licensing and tort claims. 
  • Successfully advised a large Japanese manufacturing company in connection with a potential ICDR arbitration against Latin American distributor and joint venture partner on potential claims of $200 million. 
  • Successfully represented a Chinese software company in ICDR arbitration against a U.S. educational software company in breach of contract and related tort claims. 
  • Lead arbitration counsel for a large Japanese manufacturing company in SIAC arbitration against U.S. and Japanese companies in claims arising out of an M&A transaction.
  • Won trial and appellate court victories in Washington state court on behalf of a European commercial and investment bank in a contract and business tort action alleging damages of more than $70 million. 
  • Won dismissal in an SCC arbitration for a Chinese state-owned auto manufacturer against claims by a Latin American distributor. 
  • Won multiple favorable awards for a large multi-national Japanese trading company in ICC arbitration involving trade secret, copyright and contract claims.
  • Obtained favorable settlement for a large multi-national Japanese manufacturing company in a California state court action involving contract, business tort and damages claims of more than $25 million. 
  • Won favorable award for a leading television programming provider in ICC arbitration against a Taiwanese distributor involving breach of contract and damages claims of more than $20 million. 
  • Successfully represented a large U.S. computer company against a Taiwanese company in a U.S. federal court action to enforce ICC arbitration award. 
  • Successfully represented a large Canadian financial services company in a New York state court action involving breach of contract claims under a $100 million asset management agreement. 
  • Defended a leading Mexican food processing company in a New York state court action against a U.S. finance company for breach of contract under note purchase agreements totaling $38 million. 
  • Counsel for 50 English insurance syndicates in a U.S. federal court action against U.S. and English insurance brokerage houses for fraud and civil RICO violations.

Internal Investigation and White Collar*

  • Counsel for executives of leading Japanese manufacturing companies in connection with several U.S. Department of Justice antitrust investigations. 
  • Counsel for leading Japanese metals and materials company in connection with U.S. Department of Justice antitrust investigation. 
  • Counsel for Audit Committee of Board of Directors of a large U.S. energy company in internal investigation. 
  • Counsel for Provisional Liquidators of large financial institution in connection with Hong Kong Securities and Futures Commission investigation. 
  • Counsel for Special Committee of large U.S. technology company Board of Directors in internal investigation. 
  • Counsel for Audit and Special Committees of Board of Directors of California-based technology company in internal investigation. 
  • Counsel for Board of Trustees of New York state university in internal investigation. 
  • Counsel for large oil storage and transport company in internal corporate investigation in connection with US Department of Justice investigation. 
  • Counsel for New York-based financial services company in internal investigation in connection with US Department of Justice investigation. 
  • Supervised and led False Claims Act and Anti-Kickback Act investigations as an Assistant US Attorney, Civil Division, Northern District of California.

*Some of the above matters were handled prior to joining Sidley.

Community Involvement

Membership & Activities

  • Law Clerk, Honorable David G. Larimer, District Judge, Western District of New York (1991–1993)
  • Former Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of California (1999–2002)
  • Member, California Bar Association; American Bar Association; International Bar Association; New York State Bar Association; the Singapore International Arbitration Centre Panel of Arbitrators

Credentials

Admissions & Certifications
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. Court of Appeals, 9th Circuit
  • U.S. District Court, N.D. of California
  • U.S. District Court, C.D. of California
  • U.S. District Court, W.D. of New York
  • U.S. District Court, S.D. of New York
  • California
  • ニューヨーク州
Education
  • ハーバード大学ロースクール, 法務博士, 1991, cum laude
  • University of California, Berkeley, A.B., 1988, with highest distinction, Phi Beta Kappa, Omicron Delta Epsilon
Clerkships
  • David G. Larimer, U.S. District Court, W.D. of New York (1991-1993)

News & Insights

  • Co-author of, “Contracting in the Cloud: Who Pays for a Data Breach?” Bloomberg BNA Privacy and Security Law Report, September 19, 2016.
  • Co-author of “A Comparison of Major Arbitration Institutions: Key Factors for Japanese Companies to Consider in Selecting an Arbitration Institution,” Business Law Journal, November and December 2012 editions.
  • Co-author of “International Commercial Arbitration in Japan,” a chapter in the Practitioner’s Guide to International Arbitration and Mediation, Third Edition, (Kolkey, Chernick and Neal, Eds., JurisNet, 2012).
  • Co-author of “The basics of U.S. Section 337 investigations: Is your company ready?” (Japanese), Business Homu, November 2010 edition.
  • Co-author of “U.S. Trade Secret Law Case Study: Protecting Against Theft and Adverse Claims” (Japanese), International Business Law and Practice, October 2010 edition.
  • Co-author of “Recent Amendments to Federal Rules of Civil Procedure” (Japanese), Business Law Journal, May 2009 edition (LexisNexis).