Posts Tagged ‘Don Southerton Korea consultant’

Yale Struggles with Dongguk Lawsuit

Saturday, February 18th, 2012
Yale Struggles with Dongguk Lawsuit

By Don Southerton, KoreaLegal.org Editor

Seems like Yale University is struggling with the Dongguk lawsuit that stemmed from the Shin Jeong-ah scandal in Korea.

I have long felt that Yale has downplayed the controversy. Perhaps this is in part Yale leadership and lawyers not truly understanding Korean academia and the credibility they place in American universities like Harvard, Princeton and Yale (HPY to Koreans).  Hate to be so bold, but I could help here…. Culture matters.

AP Notes… A federal judge in Connecticut has rejected a second bid by Yale University to throw out all the allegations in a lawsuit filed by a South Korean university that claims it lost tens of millions of dollars after Yale damaged its reputation.

Dongguk University claims in the 2008 lawsuit that it hired an art history professor after Yale wrongly confirmed the professor earned a doctorate at the New Haven school. Court papers say the professor, Shin Jeong-ah, later had a scandalous love affair with an aide to South Korea’s president.

Dongguk, a Buddhist-affiliated university in Seoul, is suing Yale for more than $50 million, saying it lost that amount in government grants, alumni donations and costs of building a law school the government later refused to approve because of the scandal.

U.S. District Judge Tucker Melancon on Friday rejected most of Yale’s motion for summary judgment. While the judge granted Yale’s request to dismiss a civil charge of reckless and wanton conduct, he let stand allegations of defamation and negligence.

A trial is set for June. Yale previously lost a bid to get the lawsuit dismissed.

“We were very pleased with the decision,’’ said Robert Weiner, a New York City lawyer for Dongguk. “We believe we have lots of damages we can establish at trial.’’

Weiner said Dongguk is the most prestigious Buddhist university in the world and it suffered a huge blow to its reputation with the Shin scandal.

Lawyers for Yale didn’t return messages Monday. University officials have said the lawsuit is without merit and they would defend against it.

Shin was sentenced to 18 months in a South Korean jail in March 2008 for using fake Yale credentials to get the professor’s job at Dongguk and for embezzling museum funds. Officials said she also faked two degrees from the University of Kansas in getting the job in 2005.

The former presidential aide, Byeon Yang-kyoon, was accused of using his influence to get Shin hired by Dongguk. He was forced to step down as an aide to then-President Roh Moo-hyun because of the scandal.

Byeon was sentenced to a suspended one-year jail term and 160 hours of community service in 2008 for exercising his influence to provide state tax benefits to a Buddhist temple founded by a former Dongguk official who helped hire Shin as a professor, South Korean officials said.

Yale told Dongguk in June 2007 that Shin didn’t receive a doctorate there, saying a letter confirming the degree that Shin presented to Dongguk was bogus and forged. Yale also told Korean media that it never received a registered letter in 2005 from Dongguk asking whether Shin had received a doctorate, even though it did receive the letter, the lawsuit said.

Yale later apologized to Dongguk in late 2007 for what it called an administrative error. But Dongguk officials said by that time the damage to its reputation had been done. South Korean media reported in the summer and fall of 2007 that Shin’s academic degrees were a fraud, that Dongguk failed to verify Shin’s degrees, that Shin had an affair with Byeon and that Byeon had recommended to Dongguk officials that they hire Shin, court records say.

Source: LINK

Yale Struggles with Dongguk Lawsuit

Samsung Apple IP Battle Germany Continues

Saturday, February 4th, 2012
Samsung Apple IP Battle Germany Continues

By Don Southerton, Korealegal.org Editor

Wall Street Journal- Asia notes that the Samsung Apple IP battle in Germany continues to wage on…. Seems like both see Germany as vital in their  IP dispute.

SEOUL—Samsung Electronics Co. said Thursday that the Munich Regional Court has rejected Apple Inc.’s request to ban sales in Germany of the Korean company’s tablet computers and Nexus smartphones.

Apple filed the preliminary injunction request in November last year seeking to ban sales of the Galaxy Tab 10.1N tablet and the Galaxy Nexus smartphone, saying that the electronics maker had infringed upon patents owned by the iPhone maker.

The decision comes after the Mannheim Regional Court in Germany ruled against Samsung last week, saying Apple hadn’t violated one of the Korean company’s technical patents as part of a broader patent dispute.

Samsung said it welcomes the latest ruling.

Apple Korea spokesman Steve Park reiterated the statement Apple has been making since the legal dispute began, saying the company will protect its intellectual property.

Source: LINK

 

 

Samsung Apple IP Battle Germany Continues

An Update: Samsung Apple and Lone Star KEB

Saturday, January 28th, 2012
An Update: Samsung Apple and Lone Star KEB

By Don Southerton, KoreaLegal.org Editor

Some closure and some issues still unresolved. Two major Korea-facing legal battles long in the news surfaced this week, Lone Star KEB  and the Samsung Apple legal battle.

Lone Star and KEB

(Bloomberg) — Lone Star Funds’ sale of Korea Exchange Bank won approval from regulators, clearing the final hurdle for Hana Financial Group Inc.’s 3.9 trillion won ($3.5 billion) purchase. The Financial Services Commission ruled yesterday that Seoul-based Hana, South Korea’s fourth-largest financial group by assets, has sufficient health and funding to buy the 51 percent stake, the regulator said in a statement. The Commission’s nod allows Dallas-based Lone Star to end an eight-year investment that has been plagued by legal disputes and a public backlash over profits. Hana Chairman Kim Seung Yu has been pushing to complete the purchase of Korea Exchange Bank for more than a year to help narrow the lead of bigger rivals KB Financial Group Inc. and Woori Finance Holdings

Samsung and Apple

(Korea Times) Samsung Electronics suffered another legal setback in its patent battle with Apple, after a German court ruled against its claim that the iPhone maker infringed on its smartphone patents. 

The decision by the regional court in Mannheim Friday (KST) came a week after it shot down claims by the Korean technology giant that Apple infringed on its patents related to third-generation (3G) mobile communications standards. 

With Samsung continuing to find itself on the wrong end of court decisions in its fight, it remains to be seen whether the company will seek a truce with its U.S. rival in the form of a cross-licensing agreement or other arrangement. 

However, some industry officials believe that Samsung executives are too proud to throw in the metaphorical towel on the technology sector’s most high-profile intellectual property bout. See

An Update: Samsung Apple and Lone Star KEB

The Year of the Black Dragon– Happy Lunar New Year

Friday, January 20th, 2012
The Year of the Black Dragon   Happy Lunar New Year

By Don Southerton,  KoreaLegal.org Editor
This year Korea will celebrate their annual Lunar New Year holiday on Sunday January 22, Monday January 23, and Tuesday January 24.

The Year of the Black Dragon   Happy Lunar New Year

The Year of the Black Dragon

Regarding the holiday, I have some recommendations.

For your Korean colleagues (in Korea), you can wish them Happy Lunar New Year by phone, or email on Thursday, January 19 in the late afternoon. ( Friday in Korea).

For Koreans working in the U.S. or globally you can wish then Happy Lunar New Years on Friday January 20 (pm) or Monday January 23.

Here is the formal greeting–Sae hae bok mani ba deu say yo.

I suggest you also share with your non-Korean teams the significance of the holiday.

Here is some info to share with the team:

The 2012 Lunar New Year celebration ( Seol) is Jan. 22-24. This is the year of the Dragon (actually the Black Dragon.) This year is considered especially lucky…

Along with Chusok (the fall harvest festival), Lunar New Year is the most important of traditional Korean holidays.

In Korea, Seol includes gift-giving and family activities that show respect to elders and ancestors. Most Korean businesses are closed for the holiday with millions of Koreans traveling to join their family or take a short vacation.
Hope this is helpful, Sae hae bok mani ba deu say yo.

The Year of the Black Dragon   Happy Lunar New Year

2012 Trends and Expectations—A Korea-facing Commentary

Sunday, January 1st, 2012
2012 Trends and Expectations—A Korea facing Commentary

By Don Southerton

Each new year, I share thoughts for the upcoming months in an executive-level commentary. Looking back at 2011, South Korea’s export economy saw a robust year—familiar names like Samsung, Hyundai, and Kia continuing to grow global market shares—demand driven by a mix of product quality, value, and design appeal, along with Japanese brands suffering set-backs from the devastation of the tsunami and threat of catastrophic nuclear meltdown.

Tempering the demand for top Korean cars, electronics, and consumer goods were deep concerns over the EU fiscal crisis—worries that still linger.

On a positive note following an amended agreement for the Korea-U.S. Free Trade Agreement (KORUS FTA) and ratification both by the U.S. Congress and Korean Assembly expectations are that the treaty will be implemented in the first quarter of 2012. Advocates and critics alike see the FTA boosting annual commerce between the two nations into the billions of Dollars.

Looking forward to 2012, first, the succession in North Korea will continue to be a concern. Issues include the stability of the Kim regime, threats of more border clashes, and an unchecked nuclear arms program. I’ll continue to monitor and share news as it unfolds.

Next, building on the momentum of the past 3 years, expect Korea’s export-driven firms to push their organizations to carve out greater global market shares. Look for even bolder announcements and sales targets than in the past. For example, Hyundai Motor Company, along with their sister firm Kia Motors, announced their global goals for 2012—targeting sales of seven million units. This is a significant increase from estimated sales of between 6.5 and 6.6 million the group expects for 2011.

Not to be outdone, Samsung Electronics, with record 2011 cell phone sales, intends to increase their total by as much as 15%. This translates to approximately 374 million phones, including 150 million smartphones for 2012.

One change from the past 2 years…., I expect few new foreign brands to enter the Korean market in 2012—part saturation, part concerns by the major Groups over the euro-zone fiscal crisis and a stalling U.S. economy undercutting global demand that in turn has an impact on the domestic economy. Two exceptions. One will be services benefitting from KORUS FTA such as U.S-based international law firms wishing to expand into Korea. The second are highly successful brands and products that bring with them strong appeal and a ready market—for example, Chipotle.

For those foreign businesses and brands that do plan to enter the Korean market or partner with Korean firms, I suggest they take efforts to understand not only the culture, but also business norms and expectations. For example, your key management needs access to coaching and someone to answer their questions on topics ranging from strategy to the impact of routine management changes within their Korean partner’s organization. It’s a small upfront investment and less costly than the consequences, which can include lawsuits, local and expat employee turnover, and months of missed goals and low productivity—not to mention tensions between you and the client over expectations. I know this area well—most recently handling the negotiations for a major brand launch in Korea.

Finally, expect further growth in Korean Green technology (wind power, solar, eCars, batteries), along with Korean overseas acquisition of energy related firms. With regard to Green, most of Korea’s major Groups have boldly entered the renewable and sustainable side of the market with plans to expand sales and distribution globally. This includes state of the art manufacturing facilities for wind turbines, solar cells, next generation batteries, and electric power trains.  In particular, Hyundai and Kia introduced hybrid models in 2011, with the group aiming to launch a variety of eco-friendly models in 2012.

To conclude, understanding the dynamics of Korea’s economy, markets, and major business groups is vital. It is critical to take into consideration Korea’s past and current trends. Culture, global influences, and a 24-hour virtual workday add to this complexity. I’m dedicated to providing much needed research, analysis, and critical thinking to provide you with answers and insights 24-7-365.

Please feel free to share this commentary across your organization and teams.

If needed, I can also provide more details on specific market sectors, etc.

Sponsored by KoreaPros

2012 Trends and Expectations—A Korea facing Commentary

Happy Holidays 2011

Friday, December 23rd, 2011
Happy Holidays 2011

Happy Holidays 2011

As the holidays approach, you may wish to greet your Korean colleagues with:

Sae hae bok man i ba deu say yo! (Season’s Greetings)

(I will modify the Romanization for easier pronunciation).
Hint: Break the greeting into: sae hae bok—mah ne—bah deu say yo

In South Korea, the government recognizes Christmas December 25 as a public holiday. This year it falls on a Sunday, so most are back to work on Monday. Christians, who make up about 30% of the population, celebrate the occasion as a religious holiday.

Like in the West, both Christians and non-Christians may engage in some holiday customs such as gift-giving, sending Christmas cards, and setting up decorated trees in their homes.

What may surprise some is that public and company Christmas trees and decoration stay up way past the holiday. In fact, many stay in place to the Lunar New Year in late January.

Sae hae bok man i ba deu say yo! works well and is a common seasonal greeting.
For those wanting to wish someone Merry Christmas use Sung tan jul chuk ha.

If you have a specific question, please feel to contact me at Dsoutherton@bridgingculture.com.

Have a happy holiday season!

Sae hae bok man i ba deu say yo!

Happy Holidays 2011

Forbes–New Urbanism: Smart, Sustainable Growth — Fantasy Vs. Reality

Friday, December 16th, 2011
Forbes  New Urbanism: Smart, Sustainable Growth    Fantasy Vs. Reality

By Don Southerton, KoreaLegal.org Editor

Forbes  New Urbanism: Smart, Sustainable Growth    Fantasy Vs. Reality

New Urbanism: Smart, Sustainable Growth — Fantasy Vs. Reality

Guest Post By Don Southerton

As mentioned in a previous Forbes guest article, I live in Belmar, a new urbanism community in Colorado. With today’s global and often virtual workplace, about half my day centers on Korea. Between trips to Seoul and being highly involved in Korea-facing business I’ve long observed Korean trends toward quality of living, green and sustainability. For example, trendy Korean Starbucks asks patrons to separate their trash from hot liquids—not trashing unused coffee with the paper waste—soggy paper is hard to re-cycle.

I also support Korean manufacturers like Hyundai and Kia Motors. I see them striving to produce the next generation of green and sustainable cars: Outside the hybrids, eCars, and Fuel Cell Electric Vehicles (FCEV), the materials now used in the assembly of the vehicles are increasingly eco-friendly along with a bold program for the recycling of obsolete cars and trucks.

On a broader scale, I’ve been involved in new urban communities like South Korea’s Songdo International Business District—envisioned as a “city of the future” and intended to meet strict environmental building standards amid providing world-class amenities.

My days are also impacted by life in Belmar. The vision of Continuum Partners LLC., a Denver-based real estate development company, for Belmar was born from the belief that there is a connection between long-term, sustained property value, high-quality urban design, and the principles of smart-growth. At its core Belmar strives to offer a balance between a Live, Work, and Play lifestyle.

Between my Korea experiences with projects like Songdo IBD and those in America like Belmar, I see new urban communities—looking to link quality of living and sustainability—facing a number of challenges. Beyond huge development costs, the vision for these communities not only centers on providing a high quality of living amid green tech rooftop solar arrays and LEED-certified buildings that pass US energy-efficiency standards, but for the developers and businesses financial considerations matter, too.

With groundbreaking in October 2002 and most of the construction completed by 2008, Belmar developer Continuum CEO Mark Falcone has sought to maintain a balance between promised deliverables to the public and local governing bodies, and fiscal realities. As Falcone notes, “The key factor which allowed us to manage through all the changing dynamics of the market was the zoning and a highly responsive City [Lakewood, Colorado]. Those factors gave us the flexibility to respond to evolving market realities as they emerged without altering the essential character of the place.”
When questioned on how Belmar adapted, the Denver developer further explained: “As the economy eroded we had to shift to less ambitious development phases. We focused on heavily pre-leased developments and sacrificed density to keep things moving. We also sold land directly to users or other builders. A land sale to Target in early 2010 and KB Home in early 2011, for example.”

That said, I’m drawn to a question—Have high profile new urbanism communities like Belmar met their early vision and expectations? Several key areas deserve reviewing. They include:

Green—Plan to reality. Beyond core values of ecological sustainability, Belmar relied partially on a $200 million green bond for funding the development. (Belmar only ended up using only $8 million of the bond allocation.) Still, Belmar had an incentive to ensure its renewable energy program was implemented and green building practices were followed. Two key programs stand out in Belmar—Solar and LEEDs. According to Belmar officials, the roof top solar farm and sustainability gets the most attention—renewable energy being a popular topic.

That said, the developers are perhaps prouder of their LEED’s initiative. In 2002-2003, with construction underway for one of America’s first LEED Silver Certification buildings, Belmar gained national attention. In particular, Belmar was unique since it was a mixed-use structure. Sitting in a conference room on the second floor of the three-story LEED building, I found the heat/AC vents of interest—their floor location similar to a water drain, but pushing out warm air on a chilly Denver morning.

Over the next few years of new construction, retailer Target exceeded expectations and met Silver LEEDs standards. Along with the Whole Foods building and interior, in all, four of Belmar’s structures are LEEDs certified.

Housing—Plan to reality. Belmar apartments are currently divided into two groups. The first grouping are those more near the core of the project and spread out into about seven buildings. Currently, these units are over 95% occupied. A 300 unit building to the south of the project is approximately 97% occupied. Belmar upscale condominium units are 100% sold.

Commercial Leasing—Plan to reality. As of the end of October 2011, Belmar office space is 96.4 % occupied and 100% leased. The key tenant is The Integer Group, one of the world’s largest promotional, retail, and shopper marketing agencies, and a member of Omnicom Group Inc. Their Belmar offices alone employ over 500 people.
Retail—Plan to reality. As of the end of October 2011, Belmar retail space was 91% occupied and 92.3% leased. Key tenants include: Target, Whole Foods, Best Buy, Dick’s Sporting Goods, and Nordstrom Rack, along with a mix of national and local stores, shops, and services. In particular, the Ohio Center for Broadcasting, Denver and Paul Mitchell, the School adds to the community’s diverse appeal.

Services, Amenities and Community events—Plan to reality. Many in the Denver area find Belmar’s restaurants (PF Chang’s, Ted’s, The Rock, Baker Street) trendy, with shopping and parking convenient. The ice skating rink is a seasonal highlight. (I’m fond of the “skating with Santa” holiday promotion on Saturdays leading up to Christmas.) Furthermore, Summer Sundays also see a thriving Farmer’s Market, and a flourishing local art scene. I have also heard there is interest among locals for a community garden. Count me in on the latter.

Overall, Belmar has made good on its promises and pledges. Still, sustaining the vision over time, like building a sustainable community, will require the embrace and support of local residents, merchants, commercial tenants, and consumers. I see the local art scene and plans for the community garden as very encouraging. Moreover, it seems that visitors to Belmar appreciate the community’s new urbanism focus and in some cases envy a life style where one can live and walk to work.

Meanwhile, I’ll continue to share my impressions of Korea, Songdo, and Belmar—and wait for the day when in America I will not have to dump my excess coffee in with the recyclables or maybe take a spin around the local community in a EV.

Don Southerton is a consultant, marketing strategist, and researcher for top Korean-based corporations with global business, along with major western firms that have ventures in Korea and Asia Pacific.
Southerton frequently comments in the media on topics including the Korean car market, Green technology, and global business.

Belmar Solar Array Fact Sheet

The Belmar Solar Array began operating in late summer 2008

The Belmar Solar Array consists of approximately 8,370 panels and is 125,000 square feet in area.

The Belmar Solar Array is a 1.75 mega watt system generating approximately 2.3 million kilowatt hours of electrical energy per year.

The Solar Array power lights in the three structured parking garages on which the panels are mounted. (Technically, the power generated by the solar arrays is routed back to the local XCEL Energy grid, and XCEL sells power back to the Belmar project at a reduced rate.)
Source: Belmar

 

Forbes  New Urbanism: Smart, Sustainable Growth    Fantasy Vs. Reality

CNBC Coverage of KORUS FTA

Saturday, December 3rd, 2011
CNBC Coverage of KORUS FTA

By Don Southerton, KoreaLegal.org Editor

With South Korea president Lee Myung-bak signing the KORUS FTA, we see the major trade agreement taking effect in January 2012.

Long a topic of KoreaLegal.org, we were pleased to hear Sean King, Senior VP of Park Strategies, CNBC’s comments on KORUS FTA.

Loved Sean’s comments and observations on Korean cars.  GM Korea (formerly GM Daewoo) Chevy ribbon badging was a smart move….Old gray GM Daewoo showrooms are now Chevy Town…. colors bright…. etc. Might have something to do with 2 former heads of Hyundai Motor America marketing now running GM and Chevy marketing globally.

See http://video.cnbc.com/gallery/?video=3000059540

 

CNBC Coverage of KORUS FTA

KEB Lone Star TBS eFM Radio Commentary

Saturday, November 26th, 2011
KEB Lone Star TBS eFM Radio Commentary

By Don Southerton, KoreaLegal.org Editor

KEB Lone Star continue to draw media attention. In fact, it has long been a lightning rod for controversy.

I’ll soon post an audio of  my recent TBS eFM interview on issues surrounding Lone Star and KEB.

That said, one dimension to the controversy is–Does Lone Star warrant the huge payoff? Maybe…

1) they did turn KEB into a hugely success bank.

2) if there had never been issues that tied up  KEB Lone Star  in the courts, Lone Star would have preferred  to sell their holdings in 2006 and in subsequent aborted deals. Ironically being forced to hold on the FEB, Lone Star will reap even more gains.

Comments and / or questions?

KEB Lone Star TBS eFM Radio Commentary

Forbes–Songdo, Belmar, and New Urbanism

Thursday, November 17th, 2011
Forbes  Songdo, Belmar, and New Urbanism

By Don Southerton, KoreaLegal.org Editor

My article in Forbes…    I’ve been a long time advisor on the Korea-facing projects providing high level strategy and cross cultural support. In a follow-up article,  I plan to look at expectations and reality, plus why Green cars have a role in new urbanism.

New Urbanism: Comparing Songdo, South Korea to Belmar, USA

Forbes  Songdo, Belmar, and New Urbanism

Songdo, South Korea Master Plan
Guest Post By Don Southerton
I’m a baby boomer. I grew up in a small town of 6,000 in northeastern Pennsylvania—a county seat surrounded by dairy farms. We walked to the elementary school, the neighborhood store for a loaf of bread and maybe a soda, and weekly shopping trips downtown–3 blocks from home. Most backyards displayed gardens with long rows of vegetables, some yards cultivated grape vines, raspberry bushes, or an apple tree. Seasonally, we ate tomatoes, cucumbers and green beans in the summer, then squash, sweet corn, and apples in the fall. Fresh eggs and milk came from local producers. People canned goods for the winter, and most home menus followed the seasons. Long before sustainability, environmentalism, and new urbanism, small town America was rooted in comparable notions.
…Jump forward a few decades; I now live in Belmar, a new urbanism community on the outskirts of Denver, Colorado. New urbanism represents a design movement that promotes walkable neighborhoods where residents live, work, dine, and shop. The communities embrace energy-efficient buildings, smart growth, transit-oriented development, sustainability, and quality of living.
…For Belmar, the developers converted a former 1960s era dying mall into a mixed-use community of 23 city blocks. The community incorporates LEED’s green standards, along with solar farms on the roofs of parking structures, and outdoor street lighting that conforms to the International Dark-Sky Association and limits light pollution. Retail stores like Belmar’s Target were built to meet LEED certification, while corporations including The Integer Group, an international advertising agency, embrace the community’s sustainability and green policies.
What perhaps is most interesting is that my desire to live in Belmar was highly influenced by another high profile new urbanism project—this one on the western coast of South Korea—Songdo International Business District (IBD), a joint venture of New York-based real estate developer Gale International and the engineering and construction arm of South Korea’s steel producer Pohang Iron and Steel Company (POSCO). The urban development is a master planned mixed-use community that set out and conform to rigid international standards for design, sustainability, and, most importantly, an unparalleled quality of life.
…A model for new urbanism, the developer’s vision for Songdo IBD went beyond Green, sustainability, and quality of life with western-style amenities to attract international visitors, residents, and business firms to South Korea. This in turn would pave the way for Koreans to interact more closely with foreigners, and create good jobs for the Korean people.
In both cases the developers set out to transform and reshape communities. For Songdo IBD, the city-size project is built upon reclaimed land and mudflats. For Belmar, it was a greyfield transformation of an aged and dated mall. In both cases, we find extensive master planning, large scale construction, mixed-use development, cultural amenities, and a pedestrian and transit oriented lifestyle with less dependency on automobiles—although I’d like to see the Belmar add some clean energy LPG or electric recharging stations.
….That said, living in Belmar my task at hand is now to look deeper into how closely the developers’ goals and visions for the respective U.S and Korean communities manifests over time. I plan to share my cultural research in future writings. Meanwhile, frequent visits to South Korea and Songdo IBD, along with daily strolls through Belmar will provide first hand impressions of 21st century new urbanism—amid memories on my youth growing up in small town America.
Don Southerton is a consultant, marketing strategist, and researcher for top Korean-based corporations with global business, along with major western firms that have ventures in Korea and Asia Pacific.
Southerton frequently comments in the media on topics including the Korean car market, Green technology, and global business. His work, Chemulpo to Songdo IBD, Korea’s International Gateway was released in August 2009 at the gala opening of the Songdo IBD and the Incheon Global Fair.
Forbes  Songdo, Belmar, and New Urbanism