Forum provides insights into US litigation
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Barry Sher of Paul Hastings LLP speaks at the U.S. Litigation Forum 2015 at the Ferrum Tower in Seoul on Oct. 6. / Courtesy of EDGE Communications
By John
The Oct. 6 U.S. Litigation Forum 2015 in Seoul provided valuable insights into litigation and regulatory concerns and directions on mitigating risks in America.
Paul Hastings LLP, a leading global law firm, hosted the inaugural forum at the Ferrum Tower in central Seoul.
The event was held because Korean corporations increasingly find themselves embroiled in both civil and criminal cases in the U.S.
Ten partners from Paul Hastings participated in the forum. They included Kim Jong-han, partner and chair of the firm’s Seoul office; Barry Sher, partner and global chair of the litigation department in New York; Maria Douvas, vice chair of investigations and white collar defense practice in New York and former U.S. federal prosecutor; and Naveen Modi, global vice chair of the IP practice in Washington, D.C.
The partners led panel discussions focusing on trade secrets, antitrust and patent litigation, and also discussed key regulatory issues and litigation concerns in U.S. courts and suggested compliance guidelines for corporate management.
“We are pleased to host this major conference for our Korean clients at this particular time when civil litigation and government prosecution against Korean corporations are sharply increasing in the United States,” Kim said.
Sher said in his opening speech, “Our firm has a long and rich history with Korean clients. The exposure to U.S. liabilities and enforcement for Korean companies and executives has never been higher, and neither has our firm’s unique and leading position in guiding and defending our clients when those risks materialize and have to be confronted.”
He emphasized that it is important for Korean corporations to prepare a consolidated legal risk management plan based on a full understanding of the local legal environment to successfully mitigate risk from both civil and criminal litigation in the U.S. market.
Ms. Douvas said that the perceived increase in trade secret theft against U.S. corporations has resulted in many Korean and Chinese companies becoming the targets of trade secrets investigations and lawsuits in the United States.
Because the misconduct of even one employee could subject a company to liability, she advised Korean companies to prioritize compliance and training programs aimed at respecting competitor trade secret information.
William Stellmach, principal deputy chief of the fraud section of the criminal division at the U.S. Department of Justice until August 2015, delivered the event’s keynote address on recent developments and trends in the investigation of foreign companies and their employees by U.S. law enforcement.
Also present were Heiri Lee, general counsel and vice president of Kolon Industries, who shared her experiences in managing Kolon’s trade secrets disputes against DuPont and the U.S. Department of Justice.
Modi explained that Korean companies are increasingly being sued for patent infringement in the U.S. and that they need to be prepared to defend against such allegations.
Paul Hastings litigation partners have led on a number of successful cases in the area of cross-border litigation for Korean companies. One of them is a final settlement for Kolon Industries in connection with its trade secrets disputes with DuPont.
Other successes include patent cases for Samsung Electronics, a Lotte Chemical trade secrets case, an SK hynix trade secrets case against Sandisk, LG Display’s antitrust class action litigation and Korean Air’s antitrust class action litigation.
Paul Hastings in Seoul also offers legal advice on mergers and acquisitions and capital markets matters, and recently advised Lotte Hotels and Resorts about its acquisition of the New York Palace Hotel; SoftBank’s investment in Coupang; the merger between Hanwha Q Cells and Hanwha SolarOne; and Samsung Electronics’ sale of its optical fiber and cable business to Corning.