Shinya Yoshida

Partner
  • Lawyer (Kobe office)
  • Certified Fraud Examiner
  • Maritime Counselor
  • Licensed Condominium Administrator

Shinya Yoshida predominantly practices in insurance law (including public liability, information leaks, cargo damage and maritime accidents), personal injury (including workplace and traffic accident injuries), logistics and passenger transportation (cargo and passenger transportation by air, land and sea, port operations and warehouse bailments), negotiations regarding shipbuilding and real estate, corporate law and litigation. In the field of maritime law, Shinya also provides advice on the negotiation of contracts such as bills of lading, demise charterparties, voyage charterparties, time charterparties and contracts of affreightment. He has vast experience representing creditors in all types of insolvency cases (including bankruptcy, civil rehabilitation and corporate reorganisation) and assisting clients with corporate compliance issues, not only the investigation of malpractice but also risk management and public relations. In cross-border transactions, Shinya uses his knowledge and experience to assist with the acquisition of licenses and real estate for inbound investment.

Practice areas

Various insured events (including product liability, information leakage), workplace accidents and traffic accidents (including death, severe disability and high-order dysfunction) Land transportation, marine transportation and air transportation; marine accidents, port accidents and warehouse accidents; general maritime law
Fraud investigation and crisis management public relations Insolvency (bankruptcy, civil rehabilitation, corporate reorganization)
Corporate legal affairs (commercial transactions, debt recovery, workplace accidents, labor-related issues, antitrust law, subcontracting law) Banking and trust law (various types of finance including ship finance)
Real estate (including securitization, construction-related litigation, petitioning and handling of various provisional dispositions, compulsory execution) International transactions
General transactions

Professional History

1973 Born in Fukuoka Prefecture, Japan
1995 Transferred to Master of Laws after completing third year at Ritsumeikan University Faculty of Law
1997 Ritsumeikan University Graduate School (Master of Laws)
2001 Passed registered real estate broker exam
2002 Passed administrative scrivener exam; passed condominium administrator exam
2004 Passed bar exam
2004~2006 Served as extracurricular seminar instructor at Ritsumeikan University graduate school faculty of law
2006 Completed legal training; registered as a lawyer
2006~2015 Associate at Chuo Sogo Law Office
2011~2012 Member of expert committee for special business advice program for small and medium-sized enterprises with multiple debts (The Osaka Chamber of Commerce and Industry)
2012 Registered as Marine Counsellor
2012~2013 Expert dispatched by SME support network
2014 Registered as Support lawyer at The Japan Real Estate Arbitration Organization
2015 Registered as Certified Fraud Examiner
Joined Higashimachi LPC
Completed 42nd Maritime Law Short Course at University of Southampton’s Institute of Maritime Law, training at Reed Smith’s London office and UK P&I Club
2017 Promoted to Higashimachi LPC partner

Publications

“Practical Guide to Bills of Lading, with Examples” (co-author); 2016, Seizando-Shoten
“First Major Revision in 120 Years! Summary of the ‘Guideline on Revisions to the Commercial Code (Transportation and Maritime Commerce)’”, Business Houmu, Vol.16, No.5 (May 2016)
“Laws and Practices of Boards of Directors” (coauthor); 2015, Shoji Homu Kenkyukai
“Case Note: A case in which, based on the terms and conditions of the charterparty being incorporated in the bill of lading, the carrier was judged not to be liable to the Charterer for damage caused by stevedores -The “Sea Miror” Case [2015]EWHC 1747(Comm)” The Japan Shipping Exchange, Maritime Law Review Vol. 229 (November 2015)
“4500 Legal Measures for Bank Tellers” (coauthor); 2013, Kinzai
“Q&A: Trusts in Practice” (coauthor); 2010, Seirin Shoin
“The New Insurance Law in Practice” (co-author); 2010, Economic Legal Research Institute
“TAX & LAW: Tenancy and Lease Tax Practices and Countermeasures” (revised edition, co-author); 2009, Dai-Ichi Hoki
“TAX & LAW: Business Revitalization in Practice” (revised edition, co-author); 2007, Dai-Ichi Hoki
“Officer Duties and Treatment Handbook for Corporations” (co-author); 2007, Dai-Ichi Hoki
“Practical Measures for Financial Instruments Trading Rules” (First edition, coauthor); 2006, Kinzai

Seminars and Presentations

Law related to logistics – Transportation (land, sea, air) and warehousing (November 2017)
Key points in subcontracts and outsourcing contracts (September, October 2017)
Key points in basic trading contracts (August, September 2017)
Learning corporate law issues from familiar examples (June 2017)
Labour contracts in practice and problems in employment regulations (May, June 2017)
HR and labour management strategy ~ Legal problems during the term of employment (March, April 2017)
Troubleshooting in stores – Voluntary chain legal practice (February 2017)
Management strategy and human resources / labour – Legal issues in recruitment and retirement (January, February 2017)
Practical response to sexual harassment and power harassment – Resolution methods to keep in mind (March 2016)
Guide to dealing with bankruptcy for shipowners (February 2016)
What to do when an operator (time charterer) goes bankrupt (December 2015)
Employee-related problems and practical response (October 2015)
Corporate misconduct and countermeasures – Corporate scandals and compliance (May 2015)
Practical problems surrounding occupational accidents – Based on contemporary cases of occupational accidents (April 2015)
Worker compensation measures for management (February 2015)
Dealing with scandals ~ A lifeline for corporate survival and maintenance of reputation (August 2014)
Corporate defense ~ Know-how for collecting accounts receivable (May 2014)
Business legal issues concerning real estate (February 2014)
Importance of transaction contract provisions and points to consider (November 2013)
Legal issues concerning parking-lot management (June 2012)

Memberships

The Japanese Society of Insurance Science
Japan Association of Arbitrators
Association of Certified Fraud Examiners, Japan
Japan Institute of Navigation
The Japan Society of Naval Architects and Ocean Engineers