Kaede Toh

Partner

Toh
  • JD, Suffolk University Law School, 1995
  • BA, International Christian University, 1989

Qualifications

  • Japan, Gaikokuho Jimu Bengoshi (New York), 2007
  • New York

Court Admissions

  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. Court of Appeals for the Federal Circuit
  • Japanese
  • American Bar Association
  • American Chamber of Commerce in Japan
  • Daini Tokyo Bar Association
  • Chambers Asia: Competition/Antitrust Law (2015-2017)
  • Legal 500 Asia Pacific - Antitrust/Competition Law (2014-2017)

Kaede Toh

Partner

Kaede is a partner in the Tokyo office and a member of the firm’s government enforcement practice group. Her practice concentrates in the areas of white-collar criminal defense and enforcement actions brought by the U.S. Department of Justice and non-U.S. regulators. She has extensive experience advising multinational corporations and individuals in a wide variety of DOJ investigations, internal investigations, and civil litigation. She also conducts anti-corruption risk assessment for private equity portfolio companies, and advises clients in implementing compliance and anti-corruption programs.

Kaede also represents multinational technology and life sciences companies, in all aspects of patent litigation, in particular involving Japanese clients. She has broad experience in pre-suit due diligence, discovery matters, including motion practice, taking and defending depositions, preparing expert reports and expert witnesses, and preparing summary judgment briefs.

Kaede is a member of the Firm’s Pro Bono Committee.

Experience

  • Representing a senior executive in a DOJ and FDA investigation in the endoscopy device industry.
  • Secured a declination of prosecution for Japanese film capacitor manufacturer in a criminal investigation by the DOJ’s Antitrust Division concerning an alleged global price-fixing cartel among various suppliers of capacitors.
  • Representing a senior executive of a car carrier ocean shipping company in connection with a DOJ and EU Commission criminal antitrust investigation.
  • Representing Japanese auto parts maker in a DOJ criminal antitrust investigation in the ignition coil industry.
  • Representing several executives of multinational Japanese auto parts manufacturers in connection with a DOJ and JFTC criminal antitrust investigation.
  • Representing several executives of financial institutions in a DOJ investigation in connection with alleged collusion amongst banks in the setting of LIBOR and other benchmark interest rates.
  • Representing an international school in Japan in an independent investigation regarding faculty misconduct.
  • Conducting an internal investigation for an asset management company regarding REIT transactions.
  • Kissei Pharmaceutical Co. et al. v. Hetero Labs and Sandoz Inc., (D. Del.); Represent Kissei Pharmaceutical in ANDA litigation involving Rapaflo®, a drug used to treat benign prostatic hyperplasia.
  • Pieczenik v. Astellas Pharma, Inc. et al. (D. N.J.); Represented Kyowa Hakko Kirin’s U.S. subsidiaries against claims of alleged infringement of a patent relating to means of identifying biological information. 
  • In the matter of certain flash memory and products containing same, ITC 337-TA-685; Represented Spansion Japan in multi-respondent ITC investigation relating to flash memory chip manufacturing. 
  • Synchrome Technology v. Pioneer Electronics et al. (D. Del.); Represented Mitsumi Electronics Corp. against patent infringement allegations relating to storage device technology. 
  • TomTom v. Aisin AW Co., Ltd. et al. (E.D. Tex.); Defended Aisin AW against claims of alleged infringement of patents relating to vehicle navigation systems. 

Publications

  • Quoted, “ 米国司法を取り巻く米国の民事訴訟と司法調査の最新動向 (Recent developments in U.S. Civil Litigation and DOJ Investigations),” Business Law Journal No.102 (July 21, 2016)
  • Co-author, “米国司法省による取締り: 最新動向と日本企業が留意すべきリスクおよび対応策 (DOJ Enforcement Actions: Risk and Recent Trends that Japanese Companies Should Be Aware of While Conducting Business in the United States)” jointly authored with partners of Nishimura & Asahi. The book was published by 商事法務 (Shoji Homu Co., Ltd.) as part of the Nishimura Institute of Advanced Legal Studies (May 2016)
  • Quoted, “新局面の中国 ⑥高まる贈収賄リスク(China in Its New Phase - ⑥Heightened Risks Associated with Corruption Crackdowns)“The Nikkei (March 28, 2016)
  • Co-author, “国際カルテル:米国による日本人引き渡しの可能性 (Extradition of Japanese Nationals: A Growing Threat in U.S. Prosecutions of International Cartels?),” 国際商事法務(Journal of the Japanese Institute of International Business Law) Vol.43, No.3 (March 2015)
  • Co-author, “国際カルテルと米国反トラスト刑事取締り(International Cartels and U.S. Criminal Antitrust Enforcement),” 国際商事法務 (Journal of the Japanese Institute of International Business Law) Vol. 41, No. 1 (January 2013)
  • Co-author, "Asian Clients Need a Helping Hand in E-Discovery," The National Law Journal (September 1, 2008)

Presentations

  • Speaker, “Developments in International Anti-Corruption Law – The FCPA Pilot Program and Recent Enforcement Trends in China,” Ropes & Gray and Epiq Systems Joint Seminar in Tokyo (October 2017)
  • Speaker, “Developments in International Anti-Corruption Law – Recent Enforcement Trends and Common Risk Areas in Doing Business in China,” Ropes & Gray and FRONTEO Seminar in Osaka (June 2017)
  • Speaker, “Recent developments in DOJ criminal antitrust enforcement,” Ropes & Gray Tokyo GE Roundtable (May 2017)
  • Speaker, “Recent developments and trends in antitrust enforcement investigations by the US Department of Justice and how to avoid liability” Beasley School of Law at Temple University, Japan, Tokyo (March 2017)
  • Speaker, “Developments in International Anti-Corruption Law – Recent Enforcement Trends and Common Risk Areas in Doing Business in China,” Ropes & Gray and FRONTEO Seminar, Tokyo (February 2017)
  • Speaker, “Individual Liability in U.S. Enforcement Actions,” Ropes & Gray Tokyo GE Roundtable (September 2016)
  • Speaker, “Cross-Border Government Investigations – How to be Prepared and Considerations that Companies Should be Aware of When Interacting with U.S. and Japanese Regulators” Ropes & Gray and The Japanese Institute of International Business Law, Inc. Co-hosted Seminar, Japan (June 2016)
  • Speaker, “米国弁護士から学ぶ最新動向 (Recent Developments in U.S. Litigation),” hosted by Epiq Systems (Tokyo and Osaka, Japan) (May 2016)
  • Moderator and Speaker, “Developments in International Anti-Corruption Law - Recent Enforcement Trends and Common Risk Areas in China” Ropes & Gray Tokyo Morning Briefing (March 2016)
  • Speaker, “Developments in International Anti-Corruption Law—Recent Enforcement Trends and Common Risk Areas in China,” Legal Risk-Management Institute Seminar (January 2016)
  • Moderator, “As U.S. Sanctions Programs Expand and Evolve Japanese Companies Face New Challenges,” Ropes & Gray Tokyo Morning Briefing (October 2015)
  • Speaker, “Litigation and Cartel Investigations Involving Japanese Manufacturing Industry – Best Practice for Success,” held by Epiq Systems in Kyoto, Japan (May 2015)
  • Speaker, “DOJ Enforcement Actions: Risks and Recent Trends that Japanese Companies Should be Aware of While Conducting Business in the United States,” Ropes & Gray and Nishimura & Asahi Co-hosted Seminar, Japan (April 2015)
  • Co-speaker, “Extradition of Japanese Nationals: A Growing Threat in U.S. Prosecutions of International Cartels?” Ropes & Gray Tokyo Morning Briefing (March 2015)
  • Moderator, “Developments in International Anti-Corruption Law — Recent Enforcement Trends and Common Risk Areas in Asia,” Ropes & Gray Tokyo Morning Briefing (September 2014)
  • Moderator, “U.S. Antitrust & Anti-Corruption Enforcement,” Ropes & Gray Co-hosted by The Japanese Institute of International Business Law, Inc. (June 2014)
  • Moderator, “U.S. Antitrust Enforcement” at Osaka Bar Association, Japan (June 2014)
  • Moderator, "Developments in U.S. Criminal Antitrust Enforcement – Recent Cartel Cases and Advice for Avoiding Liability,” Ropes & Gray Tokyo Morning Briefing (March 2014)
  • Speaker, “Recent Trends in U.S. Litigation & Investigations,” The 10th Digital Forensics Community 2013, Tokyo (December 2013)
  • Speaker, “International Cartels and U.S. Criminal Antitrust Enforcement,” Ji2 seminar, Tokyo (May 2013)
  • Co-speaker, “Developments in U.S. Antitrust and FCPA Enforcement Trends,” Ropes & Gray Tokyo Morning Briefing (April 2013)
  • Co-speaker, “Developments in U.S. Criminal Antitrust Enforcement – Recent Cartel Cases and Advice for Avoiding Liability," Ropes & Gray Tokyo Morning Briefing (April 2012)
  • Co-speaker, “Proposed Model Order on E-Discovery in Patent Litigation,” Ropes & Gray Tokyo Morning Briefing (February 2012)
  • Lecturer, “R&D and IP Strategy of Japanese Businesses,” Waseda University and St. Gallen IBL Program (August 2010)