Makoto Ikeya | Managing Director
Commercial dispute
- ICC arbitration between a Japanese pharmaceutical company and a foreign research and development organization in connection with a dispute regarding their licensing agreement
- JCAA arbitration involving a Japanese automobile OEM and its foreign distributor – expert witness service on damage quantum
- Suzuki v. Volkswagen, International Court of Arbitration – expert consulting services related to damage calculation
- Hitachi Construction Machinery – Expert services related to damage calculation in its dispute with the US joint venture partner
Intellectual Property
- Toshiba v. SK Hynix, Tokyo District Court, settled on December 19, 2014 – Expert consulting services related to damage calculation
- Patent infringement case involving a global consumer electronics company – Expert witness report related to damage calculation
- NEC v. Tohma Japan, et al., Tokyo District Court judgment dated March 25. 2011 – Expert report related to damage calculation
- Canon v. Ex-employee, Tokyo District Court judgment dated January 30, 2007 – Expert report related to valuation of employee’s invention (co-authored)
- Nakamura v. Nichia, Tokyo High Court suggested settlement dated May 27, 2005 – Various expert reports related to valuation of employee’s invention (co-authored)
Securities and M&A
- Stock price appraisal litigation involving a major manufacturing company (Tokyo District Court) – expert witness report on the fair value of stock
- Market manipulation investigation by the Securities and Exchange Surveillance Commission – Market microstructure analysis and related advisory
- Stock price appraisal litigation involving a real estate company and a quasi-government financial institution (Tokyo District Court)- Expert consulting on the valuation of stock
- Stock price appraisal dispute involving a major construction machinery company and its foreign joint venture partner – Expert report on the fair price valuation
- Stock price appraisal litigation involving a regional construction company (Hiroshima High Court) – Expert report on the valuation of stock
- Rep and warranty damage litigation between a temporary employment company and its shareholders (Tokyo District Court)- Expert report on damage due to the misrepresentation
- Stock price appraisal litigation between a foreign securities company and its shareholders (Tokyo District Court)- Expert report on the valuation of stock
- Stock price dispute between a quasi-government institution and its joint venture partner – Expert consulting on the valuation of stock
- Stock price appraisal litigation between an industrial machinery company and its shareholders (Tokyo District Court) – Expert report on the valuation of stock
- Asset price appraisal litigation between a mail order company and a global insurance company – Expert report on the valuation of the mutual aid insurance business
- Stock price appraisal litigation between a major transporting company and its shareholders (Tokyo District Court) – Expert report on the valuation of stock
- Asahi Group Holdings v. Pacific Equity Partners and Unitas Capital, Federal Court of Australia, settled on Nov. 17,2014 – Consulting related to Rep and Warranty liabilities and damage
- In re Appraisal of Toho Real Estate, Tokyo District Court judgement dated March 25, 2015 – Various expert report on the valuation of stock at issue
- Broker-customer litigations involving a Swiss investment bank, Tokyo District Court, etc. – Various expert reports on the valuation of currency derivative products
- Broker-customer litigation involving a French investment bank, Tokyo District Court – Expert report on the valuation of currency derivative products
- Olympus securities litigation, Tokyo District Court, etc. – Various expert reports on damage calculation
- Seibu Railway securities litigation, Tokyo High Court judgment dated January 30, 2014, etc. – Various expert reports on damage calculation
- IHI securities litigation, Tokyo District Court judgment dated November 27, 2014- Various expert reports on damage calculation
- Derivative litigation involving Nissan Shatai, Yokohama District Court judgment dated February 28, 2012 – Expert report on the reasonableness of Nissan group’s cash management system
- In re Appraisal of lntelligence, Tokyo High Court judgment dated October 19, 2010 – Expert report on the valuation of stock at issue
- In re Appraisal of Tecmo, Tokyo District Courtjudgment dated March 31, 2010- Various expert reports on the valuation of stock at issue
- Livedoor securities litigation, Tokyo District Court judgment dated May 21, 2009- Various expert reports on damage calculation
Regulatory support Anti-trust regulatory matters
- Provided economic consulting services, including market research and analysis, to a global semiconductor giant facing an investigation by JFTC regarding its business practice in the Japanese market
International Trade and Tax
- Expert advisory services to a Japanese trading house and its foreign customers during an investigation by Ministry of Economy, Trade and Industry (METI) in connection with the anti-dumping duty regulation
- Expert consulting services to several Japanese multinationals, including a major electric company and an auto OEM, to assist their negotiation with US and Japanese tax authorities in connection with the US-Japan Advanced Pricing Agreement program
- Expert advisory to various Japanese multinationals, including major electric company and auto parts company, that were investigated by the national and regional tax authorities on matters of transfer pricing to establish robust economic argument and counterargument
- Imabari Shipbuilding Company v. NTA- Matsuyama District Court judgment dated April 14, 2007 – Expert report on the valuation of arm’s length price range
Publications (Books)
- “Commentary: Valuation of Stocks in Disputes – Trends and Theories in Stock Appraisal Disputes and Litigations in US and Japan”, Chuo Keizai, February 2016
- “Economic Analysis for Securities Litigations: Studies for US and Japanese Cases and Approaches for Proving Damages”, with Satoru Kishitani and Yaye Nakano, Chuo Keizai, December 2009
- “Case Studies of Securities Litigation – Liabilities of Misstatement”, Seibunsha, May 2011 (co-authored)
- “Economic Analysis for Transfer Pricing: Attribution of Excess Profits and Intangible Asset Valuation”, with Nobuo Mori, Takefumi Suzuki, Yasunobu Suzuki, and Kei Maeda, Chuo Keizai, July 2008
(Articles/Working Papers)
- “Supreme Court Judgment on the Halliburton Case – Effectiveness of the efficient market hypothesis and methods for testing”, Shoji Houmu No. 2043
- “Application of market model and event studies in the Company Act cases (part one and two)”, Shouji Houmu No. 1990 and No. 1991
- “Damage analysis in IP litigation – an example of Apple v. Samsung”, Business Houmu, December 2012
- “Tax and Accounting Issues in Valuing Intangible Assets”, Keiri Joho, Chuo Keizai, October 2009
- “Economic Approach for Fair Value Accounting”, Keiri Joho, Chuo Keizai, October 2009
- “Issues around Misstatements and Damage”, Keiri Joho, Chuo Keizai, March 2009
- “Research on Transfer Pricing Issues for the Pharmaceutical Industry”, A Research Project Sponsored by the National Tax Agency, with Satoru Kishitani, March 2007
- “Application of a Range to Determine Whether Transfer Pricing is Arm’s Length”, Kokusai Zeimu, August 2006 (co-authored)
- “Transfer Pricing and the Evaluation Method for Intangible Assets”, A Research Project Sponsored by the National Tax Agency, June 2006 (co-authored)
- “How to Calculate and Who is Entitled to the Additional Profit from Location Savings?”, Kokusai Zeimu, December 2005
- “Employee Stock Option Valuation: Impacts oflntroducing Lattice Models”, CFO Magazine, September 2005
- “Economic Adjustment Methods in Transfer Pricing in Major Countries”, A Research Project Sponsored by the National Tax Agency, March 2005 (co-authored)