KOREA PRACTICE: DESCRIPTION

Korea and the U.S.: A Close Relationship

The Korea U.S. Free Trade Agreement is expected to become the most significant trade agreement since NAFTA and will substantially increase bilateral trade.  With the removal of the remaining technical and financial barriers, the already close trade relationship between the two countries will grow by an estimated $28 billion, from the current $78 billion in commercial transactions yearly.

As an international, full-service law firm with strong ties to Korea, McKenna Long & Aldridge LLP is well-positioned to help the Korean and American public and private sectors take advantage of these new opportunities. We offer capabilities that enhance business and financial enterprises, including:

• Strong ties to the U.S. government.  Our lawyers and state government public policy advisors are leaders in public policy law and application. Many are prominent former regulators, members of Congress and judges.
• Strong ties to the U.S. business community.  Over the years our attorneys and public policy advisors have worked with most of the Fortune 500 companies.
• Broad array of capabilities. Our attorneys are experienced in a wide range of practices that encompass every aspect of bilateral trade and in-country investment.
• Long-term relationships with leading private sector Korean firms.  To provide seamless transactions, we work closely with the leading Korean law, accounting and consulting firms.
• Work experience in Korea. Many of the members of our Korean practice have worked at Korean law firms and top tier companies, including major R&D centers and corporations.
• Knowledge of business environment. As a leading U.S. law firm with strong connections to both the Korean government and business communities, we have our finger on the pulse of financial, economic and political changes that impact bilateral trade.
• Wealth of experience in economic development.  Our team counsels international firms locating to the U.S. on issues ranging from citing and regulatory concerns to immigration and incentives.

Our Experience

The McKenna Long & Aldridge Korea Practice Group can help Korean and American companies and governmental entities with every stage of a trade or investment undertaking or a dispute resolution.  Our lawyers and policy advisors are familiar with the legal, business and cultural practices in both countries. We understand and can anticipate the risks of managing business, tax and regulatory matters with multiple business and governmental entities.

For Korean clients, we provide practical, creative solutions for doing business in the United States and Canada, Europe and Latin America. For U.S. clients, our relationships with governmental agencies and corporations in Korea can smooth their path. We can advise Korean and American companies on the best method for representing their company, whether through direct investment in a branch office or subsidiary, an Initial Public Offering (IPO) or a merger or acquisition.

As a full-service firm, we provide advisors at all stages and aspects of bilateral trade:

• Advocacy for regulatory and public policy changes. Our public policy advisors include former legislators who can spearhead regulatory changes when impediments to investment, trade or usage arise.
• Direct investment issues. For direct investment opportunities such as building a manufacturing plant or establishing a subsidiary, we can advise our clients on laws relating to construction, property, employment, immigration and incentives
• Industry knowledge. Our attorneys are experienced in a broad range of industries and are thus immersed in the specific issues facing those industries, including biotechnology and life sciences, communications, energy, financial services, real estate and technology.
• Litigation and arbitration services.  When a dispute arises from a transaction or business practice, our experienced litigators and industry professionals can provide our clients with advice, representation in court should the need arise, or arbitration in relevant trade organizations.

Recent Matters and Proceedings

• Anti-dumping: Represented Korean companies in more than two dozen U.S. anti-dumping proceedings.
• Antitrust:  Negotiated antitrust settlement for Korean car manufacturers.
• Branch office formation: Advised American company on branch office formation and general business practices in Korea, as well as advised Korean company on branch office formation and general business practices in the United States.
• Countervailing duty review: Represented Korean companies in numerous U.S. countervailing duty proceedings.
• Customs: Assisted U.S. subsidiary of Japanese company with customs and trade remedy compliance issues involving Korean semiconductors.
• Export controls: Provided policy review of export controls for Korean manufacturer.
• Government affairs: Represented American company in Korea regarding government affairs issues.
• Immigration: Enabled cross-border transfer of Korean personnel to U.S. with appropriate wage and benefits packages.
• Joint ventures: Assisted U.S. client in joint venture with Korean shipbuilding company and mitigated anti-dumping issues affecting client’s Korean steel imports.
• Licensing: Advised Korean client on licensing agreements with American manufacturer.
• Litigation: Reached $58 million judgment on behalf of client in patent infringement case.
• REACH: Advised Korean client on European Union REACH laws (Registration, Evaluation, Authorization and Restriction of Chemicals).
• Real estate: Provided real estate investment strategy for Korean firm opening facility in the U.S.
• WTO: Represented Korean Government in three separate WTO disputes, including recent proceeding on Japan’s imposition of countervailing duties on Korean DRAMs.

Representative Clients 

• DSEC Co., Ltd.
• Dongkuk Steel Mill Co., Ltd. 
• Hawthorn Group, L.C. 
• Haewon MSC Co., Ltd.
• Hankuk Paper Mfg. Co., Ltd.
• Hynix Semiconductor, Inc. 
• Hyundai Motor Company
• Kia Motors Manufacturing of Georgia
• Kolon Industries, Inc. 
• Korea Electric Power Corporation (KEPCO)
• Korea Kumho Petrochemical Co., Ltd. 
• LG Electronics
• LG Phillips
• POSCO Specialty Steel Co., Ltd. 
• SK Telecom 

Our Korea Practice Team

McKenna Long & Aldridge’s Korea practice is multi-cultural and multi-disciplinary. 

We can assist in all aspects of moving goods, capital, technology and people between Korea and the United States. 

In the U.S., we work closely with federal and state regulatory agencies and Congress. Should the need arise, we have access to major media and public relations firms. Because our senior team members have worked in Korea for leading Korean law firms and financial institutions, we are familiar with the intricacies of doing business in Korea. Many on our team have also worked for international trade organizations. In addition, we are skilled in national security issues that might arise from recent U.S. legislation.

Key Korea Practice Contacts

Andrew J. Park, Partner
Korea Practice Leader
International Transactions, Intellectual Property

Song K. Jung, Partner
Chair, Intellectual Property and Technology Practice

Allen B. Green, Partner
Chair, International Practice Group, Litigation and Arbitration

Craig Lesser, Managing Director
International Public Affairs

Jeffrey M. Winton, Partner
International Trade Remedies and Litigation