Kaede Toh

  • Partner
  • Ekaede.toh@lw.com
  • Marunouchi Building, 32nd Floor
  • 2-4-1 Marunouchi, Chiyoda-ku
  • Tokyo 100-6332
  • Japan
  • T +81.3.6212.7809
  •  
 

Profile

Kaede Toh represents clients in white collar enforcement actions brought by regulators around the world, as well as in patent litigation.

Drawing on her vast experience in sensitive and cross-border matters, Ms. Toh handles a range of investigations and litigation across jurisdictions.

Ms. Toh regularly represents multinational corporations and individuals in actions involving the US Department of Justice (DOJ) and non-US regulators. Her work includes DOJ investigations, internal investigations, and civil litigation. In addition to her investigations work, Ms. Toh works closely with clients across industries to review and enhance their compliance programs, including drafting policies and procedures, conducting anti-corruption risk assessments, as well as conducting pre-acquisition anti-corruption due diligence and post-acquisition compliance enhancement, including training.  

Ms. Toh also represents Japan-based and multinational technology and life sciences companies in all aspects of patent litigation. She brings broad experience in pre-suit due diligence and discovery matters, including motion practice, taking and defending depositions, preparing expert reports and expert witnesses, and preparing summary judgment briefs. 

Ms. Toh has been recognized for her practice in dispute resolution and antitrust/competition law by leading legal publications such as Chambers and Legal 500.

Ms. Toh is a founding member and leader of the Japan chapter of the Women’s White Collar Defense Association. She also serves as a member of the Asia Advisory Committee for Temple University Beasley School of Law’s Center for Compliance and Ethics in Tokyo.

Prior to joining Latham, Ms. Toh worked in the New York and Tokyo offices of a global US law firm.

Experience

Ms. Toh's experience includes representing:

White Collar Defense & Investigations 
  • A Japanese automobile manufacturer and executives in a US securities class action arising out of compensation disclosures
  • A global bank in connection with an internal investigation of trading activities
  • A US Treasuries trader of a global bank in a DOJ spoofing investigation
  • A senior executive in a DOJ and US Food and Drug Administration (FDA)  investigation in the medical device industry*
  • A Japanese film capacitor manufacturer in securing a declination of prosecution in a criminal investigation by the DOJ’s Antitrust Division concerning an alleged global price-fixing cartel among various suppliers of capacitors*
  • A senior executive of a car carrier ocean shipping company in connection with a DOJ and EU Commission criminal antitrust investigation*
  • A Japanese auto parts maker in a DOJ criminal antitrust investigation in the ignition coil industry*
  • Several executives of multinational Japanese auto parts manufacturers in connection with a DOJ and Japan Fair Trade Commission (JFTC) criminal antitrust investigation*
  • Several executives of financial institutions in a DOJ investigation in connection with alleged collusion among banks in the setting of London Inter-Bank Offered Rate (LIBOR) and other benchmark interest rates*
  • An international school in Japan in an independent investigation regarding faculty misconduct*
  • An internal investigation for an asset management company regarding real estate investment trust (REIT) transactions*
Patent Litigation 
  • Kissei Pharmaceutical in Abbreviated New Drug Applications (ANDA) litigation involving Rapaflo®, a drug used to treat benign prostatic hyperplasia (Kissei Pharmaceutical Co. et al. v. Hetero Labs and Sandoz Inc. (D. Del.))*
  • Kyowa Hakko Kirin’s US subsidiaries against claims of alleged infringement of a patent relating to means of identifying biological information (Pieczenik v. Astellas Pharma, Inc. et al. (D. NJ ))*
  • Spansion Japan in a multi-respondent US International Trade Commission (ITC) investigation relating to flash memory chip manufacturing (In the matter of certain flash memory and products containing same, ITC 337-TA-685)*
  • Mitsumi Electronics against patent infringement allegations relating to storage device technology. (Synchrome Technology v. Pioneer Electronics et al. (D. Del.))*
  • Aisin AW against claims of alleged infringement of patents relating to vehicle navigation systems (TomTom v. Aisin AW Co., Ltd. et al. (E.D. Tex.))*

*Matter handled prior to joining Latham

Thought Leadership

  • Biden Executive Order and Policy Shifts Herald Era of Expanded Antitrust Enforcement - Japanese Version -  July 26, 2021
  • Japanese Ministry of Economy, Trade and Industry Updates Guidance to Prevent Foreign Bribery -  July 07, 2021
  • Korea Launches Powerful Anti-Corruption Investigative Body -  May 13, 2021

According to clients:

“Truly bilingual and perfectly understands both Japanese and US corporate and legal culture”

“Very responsive and hardworking”

The Legal 500 Asia Pacific 2020
Bar Qualification
  • Japan (Registered Foreign Lawyer)
  • New York
Education
  • JD, Suffolk University Law School, 1995
  • BA, International Christian University, 1989
Industries
  • Financial Institutions
  • Automotive
  • Healthcare & Life Sciences
  • Technology
Languages
  • English
  • Japanese
Practices
  • White Collar Defense & Investigations
  • Antitrust & Competition
  • International Trade Commission (ITC) Patent Litigation
  • Litigation & Trial Practice
  • Intellectual Property Litigation