Hiroki Kobayashi is a partner in Latham & Watkins Gaikokuho Joint Enterprise in Tokyo. His practice focuses on general corporate matters, including cross-border mergers and project finance.
Mr. Kobayashi handles a number of cross-border M&A deals along with Latham colleagues in other offices, and counsels clients on their M&A transactions conducted under different business practices. He advises on Japanese legal issues in connection with a variety of areas within Latham's transactional practices, including corporate, employment, antitrust, bankruptcy, and regulatory matters.
He also handles international project finance transactions involving Japanese sponsors and lenders, provides strategic and legal advice to international clients around the world, and covers Japanese law issues involved in international project finance as a member of Latham's global project finance team. He is recommended for Japan banking and Japan construction, projects, and energy by Legal 500 Asia-Pacific 2016.
Mr. Kobayashi is admitted to practice in Japan and is a member of the Daiichi Tokyo Bar Association in Japan.
Mr. Kobayashi’s recent M&A experience includes representing:
- JPMorgan Chase Bank N.A., Sumitomo Mitsui Banking Corporation, and MUFG Bank, Ltd. as joint lead arrangers and joint bookrunners of the US$30.85 billion bridge credit facilities entered into by Takeda Pharmaceutical in connection with its acquisition of Shire plc
- Teijin Limited in its acquisition of Inapal Plasticos S.A., a leading automotive composite supplier in Portugal, from the Portuguese venture capital fund ECS Capital
- JERA Co., Inc. in its acquisition of a 50% equity interest in Linden Cogen, an owner and operator of a 972-MW natural gas-fired thermal power cogeneration project in New Jersey, United States
- Nissan Motor Co., Ltd. in its establishment of a strategic alliance with Mitsubishi Motors Corporation and the related US$2.3 billion acquisition by Nissan Motor Co., Ltd. of 34% of the shares in Mitsubishi Motors Corporation
- Starbucks Corporation (United States) in its acquisition, by way of a two-step tender process, of the remaining 60.5% share of Starbucks Coffee Japan, Ltd. that the company did not previously own
- Sumitomo Electric Industries, Ltd. in its acquisition of Keystone Powdered Metal Company, a US manufacturer of powdered metal components
- Pharmaceutical Product Development (United States) in its joint venture with Shin Nippon Biomedical Laboratories to form PPD-SNBL, which will provide a full range of clinical development services in Japan
- The Carlyle Group (United States) in its US$4.15 billion acquisition of Ortho-Clinical Diagnostics (United States), a provider of solutions for screening and confirming diseases, including its Japanese subsidiary, from Johnson & Johnson (United States)
- Intuitive Surgical, Inc. (United States) in the termination of its distribution agreement with Adachi Co., Ltd., a Japanese distributor, and the formation of Japanese sales, marketing, and training functions for the da Vinci Surgical System, a robotic-assisted, minimally invasive surgery procedure
- Wikia, Inc. (United States) in its formation of a Japanese joint venture with Digital Garage, Inc. and other investors
- Fuji Heavy Industries Ltd. in its sale of US$497 million of common stock shares to automotive manufacturer Polaris Industries Inc.
- Recruit Co., Ltd. in its US$410 million acquisition of Advantage Resourcing America, Inc. (United States) and Advantage Resourcing Europe B.V. (Netherlands)
- Recruit Co., Ltd. in its US$295 million acquisition of Staffmark Holdings, Inc. (United States)
- Secured Capital Japan Co., Ltd. in its take-private tender offer and integration with Pacific Alliance Group
- Liberty Global, Inc. in the sale of its 37% stake in J:COM (Jupiter Telecommunications Co., Ltd., largest cable TV operator in Japan) to KDDI Corporation for US$4 billion
Mr. Kobayashi’s recent project finance experience includes representing:
- Export credit agencies and commercial bank lenders in the US$3.35 billion project financing of the 2 x 1000 MW Tanjung Jati B 5 & 6 coal-fired power project expansion in Central Java, Indonesia.
- Mitsubishi Materials Corporation and PT Smelting in the US$350 million refinancing of the Gresik Copper Smelter & Refinery project in Gresik, Indonesia.
- Export credit agencies and commercial bank lenders in the US$440 million project financing of the 80-MW Muara Laboh Geothermal Power Project in West Sumatra, Indonesia. This is one of the pioneer new generation geothermal projects being undertaken under the Fast Track 2 program and first projects to successfully negotiate the new, agreed bankable form of government support under the Fast Track 2 program.
- The export credit agencies, JBIC and NEXI, in the US$7.415 billion project financing of the Cameron LNG project, a liquefied natural gas receipt terminal in Hackberry, Louisiana. The project is sponsored by Sempra Energy, GDF Suez, Nippon Yusen Kabushiki Kaisha, Mitsubishi Corp., and Mitsui & Co.
- Export credit agencies in connection with the proposed financing for the development of the Al-Karaana petrochemical project in Qatar.
- Lenders in connection with the US$20 billion financing and development of the off-shore Ichthys LNG Project in Western Australia.
- The export credit agencies, commercial banks, and underwriters in connection with the US$14 billion financing of the PNG LNG project in Papua New Guinea.
- Marubeni Corporation in US$650 million project financing in connection with Marubeni LP Holding B.V.'s acquisition of 30% equity interests in a portfolio of copper mines located in Chile. The portfolio consists of the Minera Esperanza, the Minera El Tesoro, and the Minera los Pelambres.
- Senoko Power Limited in US$2.65 billion senior and mezzanine debt financing to refinance the bridge loan facility used by shareholders to acquire Senoko Power Limited from Temasek Holdings (Private) Ltd.