Kei Akagawa (Mr.) has been engaged in an extensive range of legal practice at Anderson Mori & Tomotsune since he joined the firm in 2003. In particular, he has been experienced in corporate legal activities with an emphasis on dispute resolutions, tax issues and labor matters.
The University of Tokyo University (LL.B., 2000); The Legal Training and Research Institute of the Supreme Court of Japan, 2002-2003. Associate with Herbert Smith, Paris, (September 2009 - March 2010 )
Professional and Academic Associations
The Supreme Court recently considered the enforceability of a Californian default judgment which had been served on the defendant at the wrong address. The decision clarifies that in cases involving the enforcement of a foreign judgment, service of the initial complaint through diplomatic or consular agents is required. However, service of the judgment through diplomatic or consular agents is unnecessary.
The IP High Court recently addressed the issue of inline linking in retweets with regard to a claim brought under the Act on Provider's Liability. This decision sets a precedent in Japan, as it demonstrates that Twitter users may be liable for the infringement of a party's copyright or moral right when inline-linked images are contained in retweets.
A significant Supreme Court judgment implies that notary deeds may not always suffice to prove the veracity of representations set forth therein. Similarly, private documents may be insufficient to prove the representations set forth therein. As a result, contractual parties may wish to create and preserve more direct evidence of facts.