The firm advises companies on commercial transactions, corporate and operational matters, complex commercial and intellectual property disputes, and U.S.–Korea cross-border business. Clients work directly, in English or Korean, with senior U.S.-licensed counsel who brings more than 25 years of experience as both in-house and outside counsel.
Commercial Contracts & Strategic Transactions
Commercial agreements shape how a company generates revenue, secures supply, protects important business interests, and allocates risk and responsibility among the parties. The firm drafts and negotiates these agreements—such as supply, equipment purchase, OEM and ODM manufacturing, distribution, services, technology licensing, and joint development agreements.
Depending on the transaction, the firm negotiates and documents provisions concerning transaction structure, pricing and payment, delivery and acceptance, quality standards and warranties, intellectual property, exclusivity, limitations of liability, indemnification, term and termination, dispute resolution, and other matters that determine the parties’ rights, obligations, and commercial exposure. The goal is a contract that is clear, workable in practice, and reflects the client’s business priorities, negotiating position, and, where relevant, its ongoing commercial relationship with the counterparty.
Discuss Your NeedsHow can we help?Experience that protects business value
Representative results from more than twenty-five years of negotiating critical agreements, protecting global operations, and resolving disputes in which substantial business value was at stake.
Global supply and capital-equipment agreements
Negotiated multibillion-dollar semiconductor supply agreements with major customers in the United States, China, Taiwan, Europe, and Japan, as well as capital-equipment purchase agreements worth hundreds of millions of dollars for semiconductor fabrication facilities in Korea and China.
Major MFN audit and arbitration successfully resolved
Defended SK hynix through a major audit and arbitration arising from allegations that it had breached a most-favored-customer provision. Uncovered the customer’s unauthorized disclosure of confidential pricing information, undermined the basis of its allegations, and secured the complete withdrawal of its claims.
Employees across nine overseas factories
As General Counsel of a Carlyle portfolio company, directed legal affairs across its Seoul headquarters, New York branch, and nine overseas factories employing 23,500 people. During pandemic-driven financial strain, advised executive leadership and the board, led a company-wide workforce restructuring spanning headquarters and overseas subsidiaries, and secured significant relief from unfavorable supply commitments with major global customers.
Worldwide technology rights secured on improved terms
Led negotiations for Samsung Electronics’ worldwide agreement with Google covering the distribution of Google applications and operating-system technology on Samsung smartphones. Secured a first-of-its-kind contractual obligation requiring Google to indemnify Samsung against third-party intellectual-property infringement claims—a provision Samsung later invoked to obtain indemnification worth hundreds of billions of Korean won. Also negotiated a worldwide license covering essential electronic program guide patents used across Samsung’s global television business, reducing the applicable royalty by more than 50%.
Record royalty recovery secured through arbitration
Built the evidentiary foundation over a year of monthly DVD6C patent-pool meetings—presenting the factual and contractual basis for Samsung’s claim; ensuring that the record was accurately memorialized in the official meeting minutes; and managing outside counsel through arbitration. The effort secured more than $100 million for Samsung Electronics, the largest royalty recovery its Consumer Electronics Division had received at that time.
Recovery maximized following two catastrophic factory fires
Within months of becoming General Counsel, personally led the company’s response to two catastrophic factory fires in Hanoi and near Ho Chi Minh City. Made repeated trips to Vietnam to assess and substantiate losses involving finished garments, raw materials, equipment, machinery, and factory facilities, while coordinating with Marsh and negotiating directly with Vietnamese state-owned insurers. After extensive negotiations, secured a recovery exceeding the maximum projected by Marsh.
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