Partner Takashi Komoguchi
Osaka Bar Association, Japan Federation of Bar Associations (2011)
New York(2019)
Management Lawyers Council,Japan Labor Law Association,The Japan Association of Occupational Health Law
Alumni Lawyers Association of Waseda University in Kinki District (2012~)
Location : Osaka Office
Practice Areas
Professional Summary
Mr. Komoguchi has rich experience in handling and advising on employment law for employers. He has also handled and advised on general corporate practice (in particular, he has represented clients in major court cases including commercial litigation and other judicial procedures) and antitrust law (the Anti-Monopoly Law).
One of his major practice areas is employment law, and his clients in that area include public and private companies in many different industries. In addition to typical legal services, including legal counseling and handling of disputes, he has provided a wide variety of services for employers, as shown in the list below. Furthermore, he has experience with a large number of collective labor disputes (disputes between a company and a labor union) in addition to individual labor disputes (disputes between a company and an individual employee).
While many disputes between employers and employees are resolved through settlements, Mr. Komoguchi has obtained court decisions that were fully in favor of employers in a variety of cases, such as dismissal of an employee (he represented the client from the appeal level and won the case following a first-instance decision against the client), termination of employment upon expiration of a leave of absence for non-occupational illness, alleged “deemed offer” of employment on the grounds of false contracting (giso ukeoi) (he won the case in all instances from the first instance to the Supreme Court), and alleged “unfair labor practice” with respect to collective negotiation.
Mr. Komoguchi’s activities are not only limited to the area of employment law, and he has actively and enthusiastically engaged in complicated disputes in other practice areas, making use of his experience in resolving disputes.
・Advice on personnel management, design of personnel system, and office rules
・Representing clients at the proceedings before court (in litigation, proceedings of provisional disposition and labor tribunal proceedings) or the Labor Relations Commissions
・Response to actions made by the Labor Standards Offices or other administrative agencies
・Advice on handling of problematic employees and adjustment of working environment
・Advice on mental health issues at workplace
・Advice on employment-related issues and integration of personnel systems in the process of M&A and PMI
・Handling of and advice on collective negotiation with active labor unions
・Leading an investigation committee, advice on legal matters relating to fraud investigation and measures for prevention of recurrence and improvement, with respect to problems relating to employees (such as whether or not the incident at issue falls under harassment or occupational accident)
・Advice on operations of a consultation desk for compliance issues
・Advice on the business structure that involves freelancers, contractors, or the like
・Advice from the viewpoint of employment law in connection with examination of potential business services
・Giving seminars on subjects relating to employment law
Education & Professional Experience
2018 - 2019
Winston & Strawn LLP, New York Office (including training at London Office in July and August 2019)
2018
Duke University School of Law (LL.M.)
2010
Waseda Law School (J.D.)
2007
The University of Tokyo (LL.B.)
Activities
Management Lawyers Council
Japan Labor Law Association
Deputy Chairperson, Committee on Legal Issues Concerning Handling of Health Information in the Workplace, The Japan Association of Occupational Health Law
Planning Committee Member, the Third Academic Congress, The Japan Association of Occupational Health Law
Alumni Lawyers Association of Waseda University in Kinki District, Account Manager (2015)
Labor & Employment Law Section, American Bar Association
Publications Archives
Seminars/Lectures Archives
- 2022.12.08 ~2023.02.12
- 【Onilne Seminar: Video Streaming】Key Points in Examination and Preparation Relating to Lifting of the Ban on "Digital Salary Payment" - From the Viewpoints of Labor Law and the Fund Settlement Law -
Languages
Japanese and English