Attorney Profiles

Shin Ueda Born Tokyo, Japan, 1975 | Admitted to bar, 2000, Japan.

Shin Ueda’s practice has a particular emphasis in insolvency law. Throughout his career, Shin has contributed to numerous business reorganizations and insolvency proceedings as court-appointed supervisors and inspectors in civil rehabilitation proceedings, bankruptcy trustees and in other roles. He is also actively engaged in the research of insolvency law and practice at professional organizations such as the National Insolvency Lawyer Network and the Insolvency Law Research Group of the Dai-ichi Tokyo Bar Association.
In addition to his practice in restructuring, bankruptcy and insolvency, Shin has an active practice in commercial dispute resolution and litigation. The types of cases he has handled include large-scale environmental litigation and director and officer liability litigation.
Shin also provides advice to clients on daily corporate law issues, employment matters and business transactions as well as assistance with drafting and reviewing of business contracts. Lastly, he has a unique practice of providing legal assistance to many General Incorporated Associations/Foundations and Public Interest Incorporated Associations/Foundations.
Some of Shin’s professional experiences include:

Dispute Resolution

  • Representation of directors in a shareholder derivative lawsuit
  • Advice to companies with respect to shareholder derivative action
  • Representation of a company in a director liability lawsuit as well as assistance with the investigation of the director’s conduct
  • Representation of defendant companies in large-scale environmental litigation

Corporate

  • Assistance with preparation of and during shareholder meetings
  • Assistance with M&A (advice on structuring, due diligence, document drafting)
  • Court appointed inspector of a shareholder meeting
  • Court appointed liquidator of a company

Restructuring, Bankruptcy and Insolvency

  • Trustee Representative of Tomiya Apparel Co., Ltd, 2009
  • Filing of the corporate reorganization of Tosco Co., Ltd (then listed on the 2nd section of the Tokyo Stock Exchange), 2008
  • Assistance with the Inspection Proceeding in the corporate reorganization of Sobu Toshi Kaihatsu Company, 2007
  • Trustee Representative of Matsuhisa Sogo Kaihatsu Company, 2004
  • Trustee representative in the corporate reorganization of Sato Kogyo Co., Ltd (then listed on the Tokyo Stock Exchange), 2002
    In addition, he has been involved in numerous civil rehabilitation proceedings as court-appointed supervisors and inspectors as well as bankruptcy cases as court-appointed bankruptcy trustee.

Education

  • The Legal Training and Research Institute of the Supreme Court of Japan, 2000
  • Keio University (LL.B in Law), 1998

Admissions and Certifications

  • Admitted in Japan, 2000 (Dai-ichi Tokyo Bar Association)

Other Activities and Memberships

  • Director of National Insolvency Lawyers Network, 2017-
  • Member of Insolvency Law Research Group of the Dai-ichi Tokyo Bar Association, 2005- (Vice head of the group, 2017-2019)
  • Member of the Legal Committee of Japan Professional Football League, 2012-
  • Auditor of the Kazankai Foundation, 2010-
  • Member of the governing council of the Dai-ichi Tokyo Bar Association, 2006

Publications

Co-edited and Co-authored

  • 110 Q&As on On-site Inspections and the Operation of General and Public Interest Incorporated Associations and Foundations, Seibunsha, 2015
  • The Manual of Restructuring and Bankruptcy, Shin-nihon-hoki, 2011

Co-authored

  • 120 Q&As on the Practice of Civil Rehabilitation for Individuals, Kinyu-zaisei-jijo-kenkyu-kai, 2018
  • Article by Article Guide to the Bankruptcy Act and the Civil Rehabilitation Act, Shoij-homu, 2018
  • Guide to Civil Rehabilitation for Individuals, 2nd edition, Hanrei Times, 2017
  • Investigation of Claims and Distribution of Assets by the Bankruptcy Trustee, Shoji-homu, 2017
  • Commentaries on the Bankruptcy Act (first and second volume), Kinyu-zaisei-jijo-kenkyu-kai, 2015
  • Liquidation of Assets by the Bankruptcy Trustee, Shoji-homu, 2015
  • Index of Cases on Civil Procedure Law, Shoji-homu, 2015
  • 150 Issues regarding the Reform of Insolvency Law, Kinyu-zaisei-jijo-kenkyu-kai, 2014
  • The Increasing Efficiency of Business Revitalizations, Shoji-homu, 2014
  • Insolvency, Collateral and Guarantee, Shoji-homu, 2014
  • Index of Insolvency Cases, Shoji-homu, 2010
  • Trusts and Insolvency, Shoji-homu, 2008
  • The Director’s Manual, Shin-Nihon-Hoki, 2007
  • The Legal Practice of Special Limited Companies by the New Company Act, Shin-nihon-hoki, 2006
  • “Q&A on Practice under the New Bankruptcy Act”, Bessatsu NBL No.97, Shoji-homu, 2004
  • Formats and Templates for Solving Corporate Problems, Shin-nihon-hoki, 2001
  • Q&A on the 2001 Amendment of the Commercial Code, Shin-nihon-hoki, 2001
  • Q&A on Officer Liability (“What to Do When…” series), Dai-ichi-hoki, 1994

Articles, Journals

  • “The treatment of claims arising from insurance contracts in insolvency proceedings”, Modern Contracts and Insolvency, Shoji-homu, 2015
  • “Overview of issues regarding exercise of rights of avoidance against abusive company splits", Abusive Company Splits ? their Analysis and Countermeasures in Practice, Shoji-homu, 2013

Assistance with Publication

  • The Theory and Practice of Business Reorganizations - Everything about Business Reorganizations, Shoji-homu, 2014

Presentations

  • Facilitator at panel discussion titled “Various Issues regarding the Priority of Claims in Insolvency Proceedings” at the 2019 Insolvency Law Symposium by the Bar Associations of Tokyo and the Osaka Bar Association (published in Page 39 of NBL No.1151)
    All publications and presentations are in Japanese.