Seth (Byoung Soo) Kim

Seth (Byoung Soo) Kim is a partner in the Finance and Bankruptcy Practice Group in the firm’s New York and Los Angeles offices.

Areas of Practice

Mr. Kim specializes in entertainment law, commercial law, bankruptcy, bank regulatory matters, and bank acquisition transactions.

In entertainment law area, Mr. Kim represents major motion picture studios, television networks, independent producers, financiers and other institutional and individual entertainment clients in connection with all aspects of the development, production, financing, acquisition and distribution of motion pictures, television programming, music videos, video games and other content.

Mr. Kim counsels on, structures, and negotiatesa wide variety of agreements for recording, soundtrack, and music publishing deals; sports and other live events; videogame development and publishing arrangements; fashion, apparel and beauty industry matters; and licensing and other intellectual property matters.

In the commercial law area, Mr. Kim focuses on commercial lending transactions, asset-based finance, commercial paper, asset securitization, swaps, options and OTC derivatives, total return swaps and other structured derivative programs, and loan workouts.

In bankruptcy matters, Mr. Kim counsels both international and domestic clients in the areas of corporate reorganization and restructuring, domestic and cross-border insolvencies, and creditors' rights.  Mr. Kim has represented a wide array of entities in these areas, including major creditors, institutional lenders, bondholder committees, and distressed asset investors and purchasers in bankruptcy cases.

In bank regulatory matters, Mr. Kim advises clients concerning Federal, New York and California banking laws (including the Bank Holding Company Act, the International Banking Act of 1978, the National Bank Act, the Federal Deposit Insurance Act, the Gramm-Leach-Bliley Act, and state banking laws).  He has represented U.S. and non-U.S. financial institutions before the major Federal bank regulatory agencies (including the Board of Governors of the Federal Reserve System, the Federal Reserve Bank of New York and the Federal Reserve Bank of San Francisco), the New York State Banking Department, and the California Department of Financial Institutions.

Mr. Kim has represented banks and bank holding companies in connection with their acquisitions and sales of commercial banks and savings institutions.  Mr. Kim has negotiated and documented bank acquisitions using merger, stock purchase and asset purchase structures.

Mr. Kim also has extensive experience in general corporate finance, merger and acquisition transactions, commercial litigation and intellectual property litigation (including trademark and patent litigation).

Mr. Kim received his CPA Certificate in Illinois.

Education

• J.D., George Washington University, 1998, Order of the Coif
• M.P.A., The University of Texas, Austin, 1994
• B.E., Seoul National University, 1989

Admissions

• New York
• California
• Illinois

Languages

• Japanese
• Korean

Transaction Experience

Entertainment Law

• Development, production, acquisition and distribution of motion pictures, television programming, music videos, video games and other content
• Production financing
• Recording, soundtrack, and music publishing deals
• Videogame development and publishing arrangements
• Sports and other live events
• Fashion, apparel and beauty industry matters
• Licensing and other intellectual property matters

Commercial Law

• Asset based financings
• Syndicated credit facilities
• Real estate financings
• Working capital loans
• Mezzanine and subordinated credit financings
• Letters of credit and other credit enhancement facilities
• Cross-border lending transactions
• Commercial paper offerings
• Asset securitization
• Swaps, options and OTC derivatives
• Financings involving collateralized debt, bond and loan obligations, total return swaps and other structured derivative programs

Bankruptcy Law

• Corporate reorganization and restructuring
• Domestic and cross-border insolvencies
• Creditors' rights
• Distressed acquisitions

Banking Law

• Federal, New York and California bank regulatory matters
• Bank acquisitions

Mergers and Acquisitions; General Corporate

• Mergers and acquisitions of both public and private companies
• 1933 Act Registrations, including initial public offerings and secondary offerings
• Private placements of equity and debt securities
• Joint venture(s) and strategic alliances

Litigation

• Commercial litigation
• Intellectual property litigation (e.g., trademark and patent litigation)

Memberships

• American Bar Association
• International Bar Association
• Korean American Bar Association
• Korean Chamber of Commerce USA (KOCHAM)
• Vice Chairman, Korea Association for International Commerce and Information

Articles

• Sharp Increase in Rule B Attachments as a Result of the Turmoil in the Shipping Industry, March 10, 2009

Speeches

• Speaker, The Opening of the Korean Legal Market and How to Strengthen the Competitiveness of the Korean Legal Services, The Ministry of Justice of the Republic of Korea (November 28, 2011)
• Panelist, The FTA and Counterplan for the Korean Agro-Fishery Products Exports, Korea Association for International Commerce and Information (sponsored by The Ministry of Foreign Affairs and Trade) (February 14, 2012)