Shareholder Representative Actions

Shareholder representative actions are a field in which a great deal of case law is accumulating and Supreme Court rulings are being rendered on various matters. The applicable judicial standards differ significantly depending on such matters as whether the companies to which officers belong are business companies or financial institutions, whether there is any illegality through willful misconduct, and whether defendant officers were or were not aware of illegal conduct.

For these reasons, the field requires analysis and understanding of a wide range of case law, including Supreme Court rulings. Kitahama Partners employs many attorneys who have developed considerable aptitude in these fields.

Specifically, on the basis of specialized knowledge of shareholder representative actions, we have been active in a number of roles, including acting as representatives and advisors of accused directors, representatives of companies providing assisting intervention, and advisors to insurance companies underwriting D&O insurance.