Scott Nonaka

Partner

Scott Nonaka is a partner in O'Melveny's Tokyo office and a member of the Business Trial and Litigation Practice Group. He focuses on the litigation and arbitration of a broad-range of complex commercial disputes in trial and appellate courts throughout the United States and before arbitral tribunals and courts in Asia, the U.S. and the EU.  Scott also conducts internal corporate investigations and represents clients in connection with U.S. Securities and Exchange Commission and U.S. Department of Justice investigations.  Before joining O'Melveny, Scott served as an Assistant United States Attorney with the U.S. Department of Justice.  Scott is admitted to practice in New York and California, and he is a registered foreign lawyer in Japan.

The 2011 edition of Chambers Asia and the 2011 and 2012 editions of Legal 500  recommended Scott for Dispute Resolution.  He was also identified as a notable individual in the 2010 edition of Global Arbitration Review.

Scott is a member of the Panel of Arbitrators of the Singapore International Arbitration Centre and of the Kuala Lumpur International Arbitration Centre.

Illustrative Professional Experience

LITIGATION AND ARBITRATION 

• Served as sole arbitrator in ICC arbitration between Japanese and South Korean parties.
• Won trial and appellate court victories in Washington State on behalf of a European commercial and investment bank in a contract and business tort action alleging damages of more than US$70 million.  Our client also obtained an award of attorneys’ fees and costs.
• Successfully represented a leading internet and technology company in a multi-jurisdictional ICC arbitration and litigation involving IP, licensing and tort claims.
• Won multiple favorable awards for a large multi-national Japanese trading company in ICC arbitration involving trade secret, copyright and contract claims.
• Successfully defended a multinational LNG supplier in UNCITRAL arbitration against a foreign state-owned energy company involving claims of more than US$630 million.
• Won a favorable award and negotiated a favorable settlement for a U.S. investor-controlled Mexican trust in ICC arbitration and multi-jurisdictional litigation arising from a US$200 million real estate project in Mexico.
• Obtained favorable settlement for a large multi-national Japanese manufacturing company in a California state court action involving contract, business tort and damages claims of more than US$25 million.
• Won favorable award for a leading television programming provider in ICC arbitration against a Taiwanese distributor involving breach of contract and damages claims of more than US$20 million.
• Successfully represented a large U.S. computer company against a Taiwanese company in a U.S. federal court action to enforce ICC arbitration award.
• Successfully represented a large Canadian financial services company in a New York trial and appellate action involving breach of contract claims under a US$100 million asset management agreement.
• Defended a leading Mexican food processing company in a New York state court action against a U.S. finance company for breach of contract under note purchase agreements totaling US$38 million.
• Counsel for over 40 English marine insurance syndicates in a New York federal court action against U.S. and English insurance brokerage houses for fraud and civil RICO violations.

INTERNAL INVESTIGATIONS AND WHITE COLLAR DEFENSE

• Representing executive in multi-jurisdictional antitrust investigations.
• Represented a Special Committee of a large U.S. hi-tech company in an internal investigation into allegations of stock option backdating and in connection with related government investigations.
• Represented the Audit Committee of a U.S. software manufacturer in an internal investigation into allegations of stock option backdating and in connection with related government investigations.
• Conducted an internal investigation for the Board of Trustee of a large New York state university in connection with allegations of fraud and kickbacks.
• Conducted an internal investigation for a large commodities trading company into allegations of front running in futures trading.
• Represented a large oil storage and transport company in an internal investigation and related U.S. Department of Justice investigation following an oil spill in waters off of New York and New Jersey. 

Professional Activities

Law Clerk, Honorable David G. Larimer, District Judge, Western District of New York (1991-1993)
Admitted to Practice, U.S. District Court, Southern and Western Districts of New York, Northern District of California; U.S. Court of Appeals, Ninth Circuit
Former Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of California (1999-2002)
Fellow, Litigation Counsel of America
Member, California Bar Association; San Francisco Bar Association; American Bar Association; International Bar Association; New York State Bar Association; the Singapore International Arbitration Centre Panel of Arbitrator; the Kuala Lumpur International Arbitration Centre Panel of Arbitrators 
Publications, Co-author of "The basics of U.S. Section 337 investigations:  Is your company ready?" (Japanese), Business Homu, November 2010 edition; Co-author of "U.S. Trade Secret Law Case Study: Protecting Against Theft and Adverse Claims" (Japanese), International Business Law and Practic, October 2010 edition; Co-author of “Recent Amendments to Federal Rules of Civil Procedure” (Japanese), Business Law Journal, May 2009 edition (LexisNexis); Co-author of “International Commercial Arbitration in Japan,” a chapter in the Practitioner’s Guide to International Arbitration and Mediation, Second Edition, (Rhoades, Kolkey and Chernick, Eds., JurisNet, 2007)
Speaking Engagements, Guest Lecturer, Keio Law School, Tokyo, Japan, Corporate Governance, Compliance and the FCPA (October 2009); Speaker, LexisNexis Global Economic Crime Conference, Singapore, Digital Forensics in Commercial Litigation (October 2009); Speaker, LexisNexis Electronic Discovery and Digital Forensics in Asia Conference, Hong Kong, Electronic Discovery and Digital Forensics (July 2009)