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David Evan Case
Partner, Tokyo
Contact Info
David Evan Case
Partner
Kandabashi Park Building
19-1, Kanda-nishikicho 1-chome
Chiyoda-ku, Tokyo 101-0054
Japan
T: + 81 3 3259 0149
F: + 81 3 3259 0150
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Practice Experience
David Case is an experienced disputes attorney handling both arbitrations and litigations primarily in the areas of intellectual property, unfair trade practices, commercial disputes and product liability. His dispute experience in the U.S. and Japan includes a variety of commercial/contract matters, patent infringement, trademark infringement and dilution, cyber-squatting, civil antitrust claims, unpaid royalty claims, product liability recalls, and administrative law disputes on behalf of Japanese and foreign clients. He has assisted with or been lead counsel in numerous JCAA and ICC arbitrations venued in and outside of Japan.
He joined White & Case's New York office in 1998 and transferred to Tokyo in 2002. He was a summer clerk at a law firm in Tokyo, Japan in 1996. Prior to becoming an attorney, he worked for five years in Tokyo, Japan consulting to U.S. and Japanese software vendors and content developers entering the Japanese and US markets.
Bars and Courts
New York State Bar, 1999
US District Courts for the Southern and Eastern Districts of New York, 1999
Registered as Gaikokuho Jimu Bengoshi in Japan, 2003
Education
JD, Syracuse University College of Law,
magna cum laude
, Order of the Coif, 1998
Japanese Law Study Abroad Program, Santa Clara University School of Law, Institute of International and Comparative Law, June, 1996
BS, Economics, Saint Mary's College of California, 1990
Study Abroad (Economics), London University, University College, 1988-89
Professional Associations and Memberships
New York Bar Association
Licensing Executives Society Japan
American Chamber of Commerce in Japan (current Chair of the Intellectual Property Committee and past Co-Chair of the Privacy Law Task Force of the ACCJ)
International Association for the Protection of Intellectual Property of Japan (currently serves on the Editorial Committee for the Japanese and English language journals of the
Journal of the Japanese Group A.I.P.P.I
)
Copyright Research Information Center (a Japanese copyright association)
Digital Contents Association Japan
Entertainment Lawyers Network (Japan)
Associate of the Institute by the Chartered Institute of Arbitrators
Publications
"Preemptive Strike! Recent Changes in U.S. Case Law Make It Easier for Companies to Use Declaratory Judgment Actions to Increase Their Chances of Successfully Fending off Patent Trolls" (with William S. Coats, W&C, Palo Alto) The Lawyers, October 2008
"Chapter 2: Licensing",
Tax Strategies for Intellectual Property
, January 2008 (with Mika Suzuki)
Co-Author, "Japan Product Liability and Consumer Product Safety Laws"
International Comparative Legal Guide to: Product Liability
, 2007, 2008 and 2009 (with Yuii Ogiwara)
"Plugging Japan’s Data Leaks,"
Privacy Law Bulletin
, Vol. 2, No. 7, December 2005/January 2006
"A fast start for Japan’s FSA in the face of recurring personal data leaks,"
Privacy Laws & Business International Newsletter
, September/October 2005
"Japanese companies experiencing growing pains under the new law,"
Privacy Laws & Business International Newsletter
, September/October 2005
"The Reaction of US Industry to the Employee Invention Remuneration Cases, and Remuneration Policies of Select US Companies and Universities,"
Journal of the Japanese Group A.I.P.P.I
, May 2004 (Japanese edition) and July 2004 (English edition)
"Use of Experts In Patent Litigations,"
International Legal Strategy
, July 2003
"The New Japanese Personal Information Protection Law,"
BNA's Privacy & Security Law Report
, June 2003; and
BNA's World Data Protection Report
June 2003
Co-author, "Japan Adopts a Personal Information Protection Law,"
Privacy Laws & Business
, May-June 2003 (with Yuji Ogiwara)
"Companies Face Possible Fair Remuneration Claims From Employee Inventors With Japanese Patents,"
Asian IP
, May 2003; and
BNA’s World IP Report
June 2003
"Common Mistakes Made By Licensors In Administering Click-Wrap Agreements,"
Syracuse University Law And Technology Journal
, Spring 2003;
The Computer & Internet Lawyer
, August 2002;
Journal of the Japanese Group A.I.P.P.I
, June 25, 2002 (Japanese translation); and
Intellectual Property Today
, October 2002
Co-author, "Music, The Internet, and the Music Industry,"
Practicing Law Institute
, 670 PLI Vol. 1, September 2001 (with I. Fred Koenigsberg and Stefan Mentzer)
"Personal Jurisdiction by Virtue of Establishing a Web site,"
Practicing Law Institute
, 489 PLI/Pat 15, September 1997 (assisted David Bender in researching and writing article)
Speaking Engagements
Guest Lecturer, "Approaches of U.S. and U.K. Companies to Better Protect, Manage and Exploit their Patents, Trade Secrets and other Intellectual Property Assets", The Waseda University Nano, IT and Bio IP Management and Strategy Lecture Series – Advanced Course for Industry Professionals, February 2007. (3 hour presentation and Q&A session in Japanese)
Speaker and panelist, "The Overview of Arbitration Law of Japan", Asia Pacific Dispute Resolution Summit organized by Asia Law & Practice, June 29, 2006
Speaker and panelist, "The Future of Intellectual Property Oriented Study - Between Engineering and Management Policy" 未来志向の知財学―技術と経営と政策のはざまを超えて, 「プロパテント時代の一つの『終焉』- プロパテントとプロイノベーションの調和へ(人材、資金、基盤整備)」 Waseda University, June 17th and 18th, 2006 (
http://www.ipaj.org/research/research_2006.html
) (Presentation and Panel Discussion in Japanese)
Host, American Chamber of Commerce in Japan – Executive Webcast Series 2006-2007, "Law & Policy", streamed by ITV Japan (
www.itvjapan.com
) (6 segments)
Speaker, "How Japan’s New Personal Information Protection Law is Having an Impact on Business," 18th Annual International Privacy and Data Protection Conference at St. John's College, Cambridge July 4-6th, 2005 sponsored by Privacy Laws & Business
Keynote Speaker at the seminar, "Distribution of Digital Contents and Its Problems," co-sponsored by Institute of Intellectual Property and Copyright Research and Information Center, "Licensing Digital Contents to Licensees, Agents and Business Partners in the US"
(1 hr. in Presentation in Japanese), October 8, 2004
Panelist at the "US-Japan Privacy Kodankai" sponsored by the US Commerce Dept. and USTR and Japanese Ministry of Foreign Affairs, May 19, 2004; Exchange of opinions by industry and government officials from US and Japan regarding Japanese data protection laws
Moderator and speaker, American Chamber of Commerce Tokyo, "New Privacy Law; Implications for Direct Marketers," January 23, 2004
Speaker, Economist Corporate Network, Legal Reform: Business Implications of the Expanding Role of Foreign Law Firms in Japan, "Changes to Japanese Intellectual Property Laws," December 10, 2003
Speaker, Russian High-Tech in Japan, "Contracting to Acquire and Protect Intellectual Property Developed by an Offshore Developer," April 21 and 22, 2003, Tokyo, Japan
Speaker, AIMA Japan Chapter, Overview of the Hedge Fund Regulatory and Structural Issues in Japan, "Intellectual Property Concerns in Connection with Establishing Funds," April 23, 2003, Tokyo, Japan
Certifications
Arbitrator Certification Course of the Japan Arbitration Association (仲裁人検定試験), 2006 (certification curriculum, classroom instruction, and oral and written testing was entirely in Japanese)
Languages
English
Japanese
Citizenship
United States
Practices
Technology
Labor, Employment and Immigration Law
Privacy
Intellectual Property
Litigation
International Arbitration
Outsourcing
Recent News
White & Case Elects 31 New Partners
Recent Publications
Questions for the International Comparative Legal Guide to: Product Liability 2008, Japan
Protecting Japan's Privacy
More...
Events
Electronic Document Disclosure in International Arbitration
Asia Pacific Dispute Resolution Summit
More...