Sponsor 10.21.24
10.21
12th Seminar on Strategic Dispute Resolution in the U.S.
9:00AM - 5:30PM JST
Marubiru Conference Square
Room 4
8F Marunouchi Building
2-4-1 Marunouchi
Tokyo 100-6590
Fusae Nara makes sure the client is fully appraised of all issues and has all the available data within the timeframes specified.
Fusae Nara, a Litigation senior counsel, is one of the few Japanese-speaking litigators practicing in the United States. She has represented multinational corporations headquartered in Japan in complex commercial disputes, class actions and international trade matters.
Fusae defends clients in cross-border disputes, including cartel investigations and related consumer class actions and lawsuits; class actions involving product warranty and defect claims; trademark infringement allegations; joint venture disputes and other claims. As in-house counsel at a major Japanese corporation, Fusae gained an understanding of corporate dynamics and the delicate relationship between companies and government authorities. She offers common-sense business solutions, maximizes the use of mediation proceedings and devises risk avoidance strategies. Based on her experience of guiding businesses confronted with bet-the-company cross border disputes, Fusae also counsels clients on crisis management.
Representative Experience
- Represented Japan’s Sharp Corp. in its leniency application to the DOJ in the TFT-LCD antitrust criminal investigation and supported the company in investigations in other countries. Also defended Sharp and its subsidiaries in follow-on nationwide class actions, dozens of opt-out actions and lawsuits brought by state AGs.
- Represented Sega in class actions regarding an arcade game machine. The court ultimately rejected the class action allegation for lack of ascertainability of the class members.
- Represented Japan-based battery manufacturer regarding matters arising out of Boeing 787 Dreamliner incidents and grounding.
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- Directed multiyear efforts by an international supplier of fax film rolls in trademark infringement disputes by filing four U.S. litigations, involving the execution of ex parte seizure orders and extensive discovery leading to an action against the infringing manufacturer in Singapore. Obtained favorable settlement for the trademark owner.
- Represented a major Japanese electronics manufacturer in twin nationwide class actions claiming over $200 million in damages for allegedly false representation of battery life in notebook computers. After extensive discovery and multiple mediations, successfully settled using coupons with a minimum exposure.
- Represented a multinational consumer goods manufacturer in a class action seeking a nationwide class for alleged misrepresentation regarding the availability of connection cable for a PDA device. Settled for nominal attorney’s fees with no claimant for the settlement distribution.
- Represented the world’s leading manufacturer of laser diodes in an action by a purchaser alleging product defects and consequential damages in millions of dollars. Successfully settled following extensive discovery involving detailed technical issues.
- Represented a Japanese chemical corporation witness in a third-party deposition in a complex litigation arising out of a failed joint R&D venture involving the corporation. Successfully kept the corporation out of the litigation.
- Defended a Japanese industrial corporation in a class action brought by World War II POWs allegedly used for forced labor and obtained dismissal of the claims against the client.
- Representative International Trade Matters
- Obtained over 40 rulings from the U.S. Customs and Border Protection covering classification, country of origin marking and NAFTA eligibility issues, as well as the eligibility of imported goods for government procurement. Rulings resulting in significant impact upon the electronics industry include:
- Classification ruling for liquid crystal displays (LCDs) used for computers enabling their duty-free importation into the United States.
- North American Free Trade Agreement (NAFTA) advance ruling confirming the NAFTA eligibility for LCD TVs manufactured in Mexico.
- Represented a client before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit in judicial review of customs’ classification ruling concerning LCD display glass used in notebook computers.
- Counseled a manufacturer in the first NAFTA origin verification conducted by the government of Mexico in the United States, including the judicial review of the findings before the Mexican tribunals.
- Regularly counsel clients on customs and international trade issues, including advice on classification, valuation, country of origin marking, NAFTA eligibility, GSP eligibility and antidumping and countervailing duties, as well as advice on the amendments to the Harmonized Commodity Description and Coding System by the World Customs Organization. Also assist U.S. importers in customs audit and other compliance programs such as Customs-Trade Partnership Against Terrorist (C-TPAT).
- Represent clients before the Foreign Trade Zones (FTZ) Board in applications for subzone authorizations, as well as negotiating settlements for violations of FTZ regulations.
- Obtained over 40 rulings from the U.S. Customs and Border Protection covering classification, country of origin marking and NAFTA eligibility issues, as well as the eligibility of imported goods for government procurement. Rulings resulting in significant impact upon the electronics industry include:
Professional Highlights
- Recognized by The Legal 500 U.S. in Antitrust – Cartel (2018), Antitrust – Civil Litigation/Class Actions: Defense (2015, 2017), and included in the Minority Corporate Counsel Association’s “Rainmaker List” in 2014.
- “How to Survive and Thrive in a Crisis,” a chapter in Corporate Governance: A Practical Guide published by the New York Stock Exchange in 2015. Contributor.
- Lead organizer of and speaker at Pillsbury’s annual “Strategic Dispute Resolution in the United States: A Legal Overview of Procedural Issues” seminar, 2009 to present.
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- Speaking Engagements
- “U.S. Diversity and ESG Trends: Could U.S. Strategies Benefit Japan-Based Companies? Considerations for In-House Counsel,” Japan In-House Legal Association, Tokyo, October 26, 2022.
- “Understanding the Court System in Litigious America,” Dai-ni Tokyo Bar Association, Tokyo, October 18, 2022.
- “How Do Companies Prepare for a Major Crisis Event? What Directors and Senior Management Need to Know,” National Association of Corporate Directors, Palo Alto, June 6, 2018 and San Francisco, June 7, 2018.
- “Best Practices for Japanese Companies Working with U.S. Law Firms,” Japan In-House Legal Association, Tokyo, December 2017.
- “Recent Trends in U.S. International Arbitration Practice,” Tokyo, October 2017.
- “Trends on Trade Regulation and Litigation between the U.S. and China,” Shanghai, October 2017.
- “The New Normal: Thriving in the Age of Cybersecurity Crises,” Washington DC, June 2017.
- “Disruptive Trends: State Government Activism and Best Practices for Foreign-Based Companies,” Organization for International Investment, New York, March 2017.
- “What Should You Do If You Are Targeted? – Crisis Management Perspective,” Japan Institute for Overseas Investment, Tokyo, November 2016.
- “When Crisis Is on the Menu: Ten Best Practices for Crisis Management,” Webinar, September 2016.
- “Ten Best Practices for Crisis Management,” Webinar, May 2016
- External Publications
- Digitization of the U.S. Judicial System, RULE OF LAW, No. 208
- Mystery of “Illegal?” Diversity Training, The Nikkei Veritas No.762, 16 October,2022
- What You Should Know About U.S. Dispute Resolution, Business Houmu 2018 October issue – 2019 March issue
- Corporate Governance: A Practical Guide, Authors: Thomas A. Campbell, Fusae Nara, Stella Pulman (Unpublished), Nicholas M. Krohn, 01/01/2015
- Japanese Companies Face More and More Antitrust Scrutiny in U.S., Law360, Authors: Fusae Nara, Jacob R. Sorensen, Lindsay A. Lutz, 09/12/2013
- Firm Publications
- Japanese Government Finally Declares Objection to Service by Mail under the Hague Service Convention, Authors: Fusae Nara, Kenta Ikebe, Andriew J. Lauria, 07/11/2019
- Countdown to CCPA #3: Updating Your Privacy Policy, Authors: Catherine D. Meyer, Fusae Nara, James R. Franco, 07/08/2019
- Countdown to CCPA #2: GDPR Compliance Does Not Equal CCPA Compliance, Authors: Catherine D. Meyer, Fusae Nara, Rafi Azim-Khan, Steven Farmer, 06/03/2019
- Countdown to CCPA: Do You Know Where Your Data Is?, Authors: Catherine D. Meyer, Fusae Nara, 05/01/2019
- Ninth Circuit Lowers Hurdle for Class Certification, Authors: Christine A. Scheuneman, Fusae Nara, Nathaniel R. Smith, 01/05/2017
- Esta Sentencia Puede Afectar la Capacidad de Vender Productos Ensamblados con Componentes Importados a Agencias Gubernamentales de los Estados Unidos., Authors: Fusae Nara, Stephan E. Becker, 01/03/2017
- Ninth Circuit Adopts New Standard for Discovery of Grand Jury Evidence, Authors: Jacob R. Sorensen, Fusae Nara, Stephen R. Weingold, 10/13/2015
- Guidance for Companies Developing and Implementing Antitrust Compliance Programs, Authors: Jacob R. Sorensen, Mark R. Hellerer, Fusae Nara, Jessica R. Bogo, 10/23/2014
- Expansion of Antitrust Enforcement Continues with Extradition, Authors: Jacob R. Sorensen, Mark R. Hellerer, Fusae Nara, Jhale Ali, 04/21/2014
- Retailers Recording ZIP Codes: Class Action Fuel in California, Uncertainty In New Jersey, Authors: Catherine D. Meyer, Christine A. Scheuneman, Fusae Nara, Amy L. Pierce, Deborah S. Thoren-Peden, 10/11/2011
Education
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J.D., Hofstra University School of Law, 1991
Research Editor, Hofstra Law Review; Published Note, “A Shift Toward Protectionism Under § 301 of the 1974 Trade Act: Problems of Unilateral Trade Retaliation Under International Law;" Robin Dana Cohen AwardM.A., International Christian University, Tokyo, Japan, 1985
B.A., International Christian University, Tokyo, Japan, 1983
Admissions
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New York
District of Columbia
Japan, Dai-ni Tokyo Bar Association (Foreign Admitted Lawyer)
Courts
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U.S. Court of Appeals for the Federal Circuit
U.S. Court of International Trade
U.S. District Court for the Southern District of New York
U.S. District Court for the Eastern District of New York
Clerkships
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Clerk to Chief Judge Dominick L. DiCarlo, U.S. Court of International Trade, New York, New York (1991 – 1993)
Languages
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Japanese