Overview

Seth (Byoung Soo) Kim is a partner in the Finance and Bankruptcy Practice Group in the firm’s Seoul and New York offices. He is also the Representative, Foreign Legal Consultant (U.S.A.) for the Seoul office.

Areas of Practice

Seth, a native Korean speaker, is a business lawyer who serves as an advisor to Korean and other Asian companies, as well as U.S. companies doing business in Korea, on a broad array of legal issues. Drawing on the expertise of Sheppard Mullin lawyers across multiple practices and geographies, Seth has experience representing clients in the following areas:

  • Dispute Resolution - Litigation in U.S. Courts in patent litigation, employment litigation and other complex matters
  • International Arbitration International dispute resolution (including international arbitration and litigation) and counseling involving construction defects, extra work claims, changed conditions claims, delay, acceleration and disruption claims, defective work claims, surety bond claims, and professional liability of architects and engineers.
  • White Collar Defense and Corporate Investigations White collar defense and internal investigations in connection with domestic and cross-border investigations and inquiries by U.S. Attorney’s Offices, the SEC, FINRA, the NY Attorney General’s Office and other governmental entities and self-regulatory organizations
  • Banking Law - Federal, New York and California bank regulatory matters; bank acquisitions
  • Bankruptcy Law - Corporate reorganization and restructuring; domestic and cross-border insolvencies; creditors' rights; distressed acquisitions
  • 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
  • Corporate and Securities Law - SEC filings; exchange listing rules; public offerings; private equity financings; proxy solicitations; broker-dealer matters; investment advisor matters; corporate governance; mergers and acquisitions; joint ventures and strategic alliances
  • 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 matters
  • Intellectual Property - Licensing and other intellectual property matters

Experience

Experience

Investigations

  • Representing a Korean financial institution in an investigation by the US Department of Justice.

Intellectual Property

  • Hana Bank – Prevailed in a California federal jury trial on behalf of the defendants in Hana Financial, Inc. v. Hana Bank, with the jury returning a unanimous verdict finding non-infringement of a trademark in favor of our client Hana Bank, a Korean financial institution. The trial victory followed a successful motion for summary judgment and appeal before the Ninth Circuit Court of Appeals. The case was argued before the U.S. Supreme Court on December 3, 2014 and a decision is currently pending, expected in Spring 2015.
  • Defended a Korean automobile company in a patent infringement case filed by a non-practicing entity (“patent troll”).

Life Sciences

  • Representing a Korean pharmaceutical company in connection with its acquisition of a U.S. pharmaceutical company and conducted legal due diligence and advised the same with regard to the U.S. intellectual property, tax, and FDA related legal issues.
  • Represented a U.S. pharmaceutical company in connection with its acquisition of new drugs from a Korean pharmaceutical company.

Corporate

  • Represented JTBC in negotiating a global format sale of “Hidden Singer” to Universal Media Studios International, a subsidiary of NBC Universal.
  • Representing a Korean animation company in connection with an international co-production and pre-sale distribution.

Employment\

  • Representing a Korean financial institution in a wrongful termination litigation in the U.S.
  • Represented a Korean public company in a wrongful termination case filed in the Southern District of New York and prevailed based on the “Foreign Sovereign Immunities Act”.

Compliance

  • Representing a Korean auto parts company in connection with preparing a global compliance program.

    Dispute Resolution

  • Representing a Korean medical device manufacturing company in an arbitration relating to a breach of a contract.

Honors

Honors

Recommended by The Legal 500 Asia Pacific - Foreign firms, 2016 and 2018

Insights

Articles

U.S. Legal Insights for Korean Businesses Blog Posts

Speaking Engagements

  • DICON 2014 International Content Conference - Content Enterprises' Entry into the U.S.: Legal Considerations (November 19, 2014)
  • Busan International Film Festival - An Overview of Motion Picture Co-Production Deals: China-Korea Co-Production Treaty (October 5, 2014)
  • Seoul Fashion Week - Fashionable Mergers: What You Need to Know About Mergers and Acquisitions (October 21, 2013)
  • Busan International Film Festival - Motion Picture Co-Production Business and Legal Issues (October 10, 2013)
  • Panelist, Forum on the Future of FTAs and Service Trade, Korea International Trade Association (November 16, 2012)
  • Speaker, Infrastructure and Project Development, KOTRA (July 18, 2012)
  • Speaker, United States - Korea Free Trade Agreement (KORUS FTA), Korea International Trade Association (June 12, 2012)
  • 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)

Memberships

Memberships

Member, the Korean Ministry of Justice International Investment and Intellectual Property Advisory Board

Member, Korean Bar Association - Special Committee for International Cooperation

Member, Korean Bar Association - Disciplinary Committee for Foreign Legal Consultants

Arbitrator, the Korean Commercial Arbitration Board

Member, Korea In-house Counsel Association

Member, Korea Corporate Legal Affairs Association

Member, International Association of Korean Lawyers

Member, Korea International Trade Association

Member, Asia Society

Member, American Chamber of Commerce in Korea (AMCHAM Korea)

Member, the Korea Creative Contents Agency - Global Contents Center Advisory Board

Member, Korea Entertainment Law Society

Member, The Korea Association of Sports and Entertainment

Member, Korea Entertainment Industry Association

Education

J.D., George Washington University, 1998, Order of the Coif

Master in Professional Accounting, The University of Texas, Austin, 1994

Bachelor of Economics, Seoul National University, 1989

Admissions

  • California
  • Illinois
  • New York
  • Seth (Byoung Soo) Kim
  • Representative, Foreign Legal Consultant for U.S. Law, Partner

Languages

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