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Dispute and litigation support

In recent years, there has been an increasing number of cases where Japanese entities are involved in lawsuits filed by foreign companies and, conversely, where Japanese companies file lawsuits against foreign companies. In the past, disputes between Japanese entities were often settled through reconciliation. Recently, however, lawsuits have been used to resolve such disputes. Therefore, it is more important than ever for companies to improve their awareness and response measures for litigations and other disputes.

PwC’s approach

Our forensic services practice has a wealth of experience and knowledge in disputes and litigation. We support our clients with experience and knowledge in various fields such as accounting, IT, real estate and intellectual property, by bringing together professionals familiar with a wide range of industries from within the PwC Japan Group and PwC’s global network.

Specifically, we provide advice and support regarding lawsuit strategies and preparedness. In addition to collecting evidence useful for judicial proceedings, we also provide support from an independent professional standpoint to verify and analyse evidence and estimate the amount of damages (or verify the validity of the amount of damages calculated by the counterparty).

Lawsuits, in particular, can lead to serious costs for companies. In addition to the practical costs such as damages, legal fees, attorneys' fees and investigative costs, the loss of revenues resulting from lost business opportunities and damage to the company’s reputation are not to be taken lightly. PwC’s forensic services practice uses appropriate evidence-collection methods, accurate estimation of monetary damages and relevant data to help you develop strategies for inter-company disputes and lawsuits to help you minimise damages.

dispute and litigation support services

Examples of dispute and litigation support services

Support for claims in the event of a natural disaster

  • Calculation of the damages and losses resulting from business interruption that you can claim, based on your insurance policies
  • Advice on the preparation of attachments and other documents to facilitate procedures ranging from submitting claims to receiving insurance pay-outs
  • Support for negotiation with insurance companies regarding insurance claims

Many companies do not have personnel with the professional knowledge or experience to swiftly calculate the amount of damages incurred as the result of a natural disaster and to promptly prepare the necessary claims. But leaving the appraisal up to an insurance company employee may lead to a biased assessment of the damages.

PwC’s forensic services practice can help you calculate losses and make insurance claims. We use calculation methods that are objective and verifiable, and collect evidence that serves as the basis for these calculations. We can help you calculate and verify losses in connection with non-life insurance, profit insurance, comprehensive responsibility insurance, product liability insurance, professional liability insurance, negligence liability insurance, corporate officer liability insurance, cyber risk insurance, contract liability insurance, environmental pollution liability insurance, occupational accident compensation insurance etc.

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Support for civil litigation related to intellectual property

  • Calculation of damages related to patent infringement
  • Calculation of royalty amounts in accordance with a license agreement
  • Preparation of expert reports and expert witnesses (testimony)
  • e-Discovery

In today's world of technological innovation and the increasing globalisation of business, many companies consider maintaining and maximising the value of their patented technologies and intellectual property, including know-how, to be a critical issue. The number of cases where Japanese companies claim significant damages from ‘patent trolls’ or are subject to claims from other companies for damages related to patent infringements is also on the rise.

Our forensic services practice, as a group of professionals focused on royalty audits of license agreements and corporate accounting, supports our clients by estimating the amount of damages incurred by the client company, and by verifying the validity of the amount of damages claimed in litigation against the client company by a third party. We also provide services such as the preparation of expert reports that can be used in court as the basis for calculating the amount of damages, as well as expert witness testimony.

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Other support we have provided in the past

  • Support for resolving disputes and claims in general, commercial and international transactions
  • Support for cross-border disputes by leveraging the PwC global network
  • Support for the preservation of lawsuit-related information and related work, including eDiscovery
  • Collection of information related to lawsuits and assistance for the estimation of monetary damages

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Our team

Takuei Maruyama

Partner, PricewaterhouseCoopers Aarata LLC, PwC Business Assurance LLC

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Shunsuke Ueno

Director, PwC Advisory LLC

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