Anti-bribery laws have become center stage in the last few years.  Not only has the DOJ expanded the enforcement of the FCPA outside of the US, but other countries, such as the UK and Korea have implemented anti-bribery laws too.  In Korea, the Kim Young Ran Act not only implements an anti-bribery law that is quite drastic, but it may now be enforced against teachers, quasi-public officials as well as companies whose employees have violated the Act.  (more…)

Personnel risks faced by companies are growing on a regular basis.   Mistakes made in the workplace or risks stemming from the workplace can damage the company’s reputation/brand and cost the company a lot of money. As many companies face an increasing number of employment and/or personnel related claims, clear personnel processes are vital. (more…)

Making wrong decisions in the workplace can damage the company’s reputation/brand and cost the company a lot of money. It is a major part of risk and needs to be dealt with seriously. As many companies face an increasing number of employment related claims, clear employment processes are vital.  (more…)

I recently attended an ABA meeting regarding antitrust issues in Seoul, Korea.  A number of US lawyers and regulators were present to discuss the ABA's position on antitrust as well as to emphasize the fact that  from a regulator's standpoint, there was no place to hide from antitrust regulations, especially those regarding cartel issues, IP issues and even aftermarket concerns.  (more…)

Korea’s KFTC- At The Crossroads Between Antitrust and Intellectual Property

In 1995, the United States Department of Justice (DOJ) published guidelines for providing guidance regarding the application of antitrust principles to intellectual property agreements covering the licensing of intellectual property rights. The Antitrust Guidelines for Licensing of Intellectual Property (the “1995 Guidelines”) set the stage for the antitrust review of intellectual property in the US.  (more…)

Companies Have E-Discovery Issues In Arbitration    

Though changes in the US Federal Discovery Rules as well as case law such as Zubulake have escalated the Electronically Stored Information (ESI) costs as it relates to electronic discovery or discovery of ESI documents and information (E-Discovery) in the US, Korean companies have remained relatively complacent about it until the Dupont v Kolon case. (more…)