Posts Tagged ‘Korea consulting expert witness’

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

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

South Korea-based NCsoft’s Suffer $28 Million Texas Verdict Setback

Saturday, July 31st, 2010
South Korea based NCsofts Suffer $28 Million Texas Verdict Setback

This is a fascinating court case.
AUSTIN, Texas, July 30 /PRNewswire/ — Attorneys from Fish & Richardson P.C. today announced a $28 million breach of contract verdict delivered in favor of computer gaming pioneer Richard Garriott against South Korea-based NCsoft Corp.

Jurors in the case found that NCsoft breached its stock option agreement with Mr. Garriott by falsely stating that he left the company voluntarily in order to force him to exercise his stock options during a down market.

Mr. Garriott is a legend in the video game industry, and was among the first to develop and market role-playing video games. In 2001, NCsoft acquired Mr. Garriott’s company, Destination Games.

In 2008, Mr. Garriott took a pre-approved temporary leave of absence from NCsoft to pursue his lifelong dream of space flight. The son of a NASA astronaut who spent time aboard the Skylab space station and Space Shuttle, Mr. Garriott traveled aboard a Russian Soyuz spacecraft to the International Space Station.

During his post-flight quarantine, Mr. Garriott was informed by NCsoft that his time with the company was over.

As part of NCsoft’s purchase of Destination Games, Mr. Garriott was issued stock options valid through May 30, 2011. These options were to remain in place in the event of his termination by the company, but would expire within 90 days in the case of his voluntary departure.

When Mr. Garriott was let go during NCsoft’s reorganization of its North American operations, the company claimed his termination was a voluntary resignation, his attorneys argued during the trial.

Because NCsoft mischaracterized his termination as voluntary, Mr. Garriott was forced to sell his stock options 2 1/2 years early, costing him millions of dollars. Jurors found NCsoft liable for breaching the stock option agreement with Mr. Garriott, and awarded him $28 million in damages.

“In Texas, a deal is a deal, no matter how a company might try to spin the events after the fact,” says Fish & Richardson principal Stephen E. Fox, lead counsel for Mr. Garriott. “We’re pleased that the jury listened to the facts in this case, and decided it is ‘game over’ for NCsoft’s attempt to deny Richard what he is rightfully owed.”

The July 29, 2010, verdict in Richard Garriott v. NCsoft Corp., No. A09 CA 357 SS, was handed down following a three-and-a-half-day trial and three hours of deliberations by a jury appearing before the Hon. Sam Sparks of the U.S. District Court for the Western District of Texas in Austin.

PR Newswire Source LiNK

South Korea based NCsofts Suffer $28 Million Texas Verdict Setback

Someone asked…So here’s my legal consulting and expert witness CV

Sunday, June 27th, 2010
Someone asked...So heres my legal consulting and expert witness CV
Don Southerton
CEO, Bridging Culture Worldwide
Services Provided
For cases related to Korean culture and norms, Korean business, Family, IP, and most of Korea’s major conglomerates (including Samsung, Hyundai-Kia Motors, SK, Hanjiin, Hyosung, and LG), we provide strategy, expert opinion testimony, litigation testimony, and case review for Defense and Plaintiff.
Authority on
Korea, Korean global business norms, Korean domestic business, Korean workplace, Korean expatriates, Korean gender, Korean IP, Korean education, Korean cross-cultural issues, US-Korean business relations, Korean technology, Korean FDI, Korean luxury goods and market, Korean real estate development, Korean automotive industry, Korean consumer and service industry.
Experience
Don Southerton is an author, advisor, consultant, strategist, and coach working with many of the top Korean-based global corporations, along with major western firms that have ventures related to Korea.
As an expert witness, Southerton has worked on cases involving wrongful death, international family law, and personal injury. By virtue of his education, experience, training, and skills courts in Illinois, Pennsylvania, and California have accepted his testimony and expertise.
Education
B. A. History. University of Colorado, Denver.

M. A. History. University of Colorado, Denver.

Post Graduate Study
University of Southern California (USC).

University of California at Los Angeles (UCLA).

Intercultural Institute of California, San Francisco (IIC).

University of California, San Diego, Graduate School of International

Relations (UCSD).

A detailed curriculum vitae and fee schedule/agreement will be provided upon request.
Someone asked...So heres my legal consulting and expert witness CV

U.S.-Korean International Child Custody Fight

Sunday, June 13th, 2010
U.S. Korean International Child Custody Fight

By Don Southerton, KoreaLegal.org Editor

Child custody cases draw much emotion. International child custody cases even more so, and occur when a parent leaves with the children or in this case refuses to abide to a court order. (See my article on Korea and the Hague Parental Child Abduction Convention HERE)

NJ Man Embroiled In US-Korea Custody Battle

Alejandro Mendoza Fighting For Custody Of Children, Trying To Clear His Name After Wife Accuses Him Of Abusing Kids

A New Jersey man is fighting for his family and defending his name after his wife took his children and accused him of abuse. Two young children are at the heart of an international custody battle, with their mother behind bars and their father fighting to clear his own name. Those circumstances dominated a routine status conference in the Bergen County Courthouse Friday morning.

The case involves Broadway violinist Alejandro Mendoza, who owns a popular music school in Tenafly, and the fallout from his troubled marriage to concern violinist Si Nae Shim, who’s currently being held in the Bergen County Jail on a charge of interference with custody.

Their problems began in the spring of last year, when Mendoza says he gave in to his wife’s wishes and moved the family back to her native South Korea, where he was hired as a university professor. However, he says he changed his mind after about two months and returned to the United States to explore getting a new job here.

“She did call me from Korea and tell me not to come back,” Mendoza said.

Mendoza did go back – with an order of custody from Bergen County courts – but he found his apartment in South Korea empty, and his wife and two young children were gone.

“No parent should ever have to go through what I have gone through for a year,” Mendoza said.

Around the same time, Shim – still in South Korea – accused Mendoza of sexually abusing their children, a charge Mendoza denies.

“This is the most devastating thing that can be done to a loving father, such a monstrous thing,” Mendoza said. ” This is going to hurt the children.”

While traveling in Guam, Shim was arrested for violating the custody order and extradited back to the United States. The children are still in South Korea, living with Shim’s family.

There are several issues on the table, and as attorneys for both sides try to resolve criminal charges and custody rights for the couple’s two children, Judge Carver is keeping everyone on a tight leash in the interest of putting the children first. Everyone is due back in court next Friday.

U.S. Korean International Child Custody Fight

Korean Law School Strives to Educate Koreans Students in U.S. Law

Sunday, May 23rd, 2010
Korean Law School Strives to Educate Koreans Students in U.S. Law

By Don Southerton, Editor KoreaLegal.org

I found this to be interesting. First the school is in Pohang, which is in southeast Korea and home to POSCO Steel. Second, it seems to be strongly supported by the Christian Legal Society, a non-denominational US-based Christian membership association of lawyers, judges, law professors, law students.

Joongang Ilbo notes
Although Handong International Law School in Pohang, North Gyeongsang, has a short history, it has made great strides toward educating Korean students in U.S. law and helping them to secure jobs overseas.

The school was established in 2002 by Handong Global University with the goal of providing an American-style law school curriculum and nurturing prospective attorneys who will practice in the United States.

Since then, of the 199 students who have graduated from Handong so far, 105 of them have passed bar exams in the United States.

In an interview with Eric Enlow, the dean of Handong International Law School, Enlow said that Handong is making remarkable progress, especially considering that an average of only 32 percent of bar exam applicants who were educated in countries other than the United States pass the U.S. bar exam.

“Fifty-three percent of our graduates have passed bar exams in seven U.S. states including Tennessee and Missouri,” Enlow said. “This is the first time that a Korean law school has produced more than 100 students who passed U.S. bar exams.”

Handong is the only university in Korea that offers and meets the academic requirements set forth by the American Bar Association, which accredits U.S. law schools.

Although the American Bar Association does not accredit foreign law schools outside of the United States and Canada, some states, such as Tennessee, permit the graduates of some foreign law schools to take their state bar exam. Other states, like New York, only allow graduates of foreign law schools who have completed an LL.M. degree at an accredited U.S. law school to take the bar exam.

“Those who have obtained a legal license to practice in the U.S. take jobs in various fields that would not usually be open to an attorney who passed the Korean bar exam,” Enlow said. “We have graduates working at the top five law firms in the U.S., such as Paul Hastings. And between 50 and 60 Handong graduates now work at eight law firms in Korea.”

While there are graduates who work in the legal departments of Korean companies, there are others who serve as legal advisers or attorneys at NGOs working on human rights issues, Enlow added.

Some graduates also get well-paying jobs without obtaining licenses in the United States, Enlow added.

Although Handong is located in the city of Pohang, which is outside of Seoul, Enlow explained the school is quite international. Over 20 percent of Handong International Law School students are foreigners and most of them are scholarship students from developing countries, he said.

“Three graduates work at Vietnamese law firms and a Jordanian graduate works as a United Nations High Commissioner,” he said.

All Handong classes are conducted in English and all put a heavy emphasis on in-class discussions, Enlow said.

“As Handong was established to nurture attorneys in the U.S., our curriculum is very similar to that offered in law schools in the United States, so that’s why states like Tennessee have permitted our students to take their bar exams,” Enlow said. “Students can study here, with a curriculum that is similar to that offered in U.S. law schools, at half the price.”

When asked whether he has any regrets about taking a position that pays him less than he would make as an attorney in the United States, Enlow, a Yale alumnus, said his income has changed drastically but that he had found meaningful work here based on his Christian faith.

Most of the school’s 12 faculty members are members of the Christian Legal Society and many consider teaching here as volunteer work.

“My wife and four children live here with me and my wife educates my children at home,” Enlow. “I’m satisfied with life here and I want to continue working here.”

Korean Law School Strives to Educate Koreans Students in U.S. Law

Reforming Korea’s Punitive Laws: Adultery and Abortion Draws Scrutiny

Thursday, March 18th, 2010
Reforming Koreas Punitive Laws: Adultery and Abortion Draws Scrutiny

Reforming and re-evaluating punitive legal aspects of social issues continues to draw attention in Korea.  Old norms once rooted in centuries old Confucianism or  the authoritarian regimes of the 1960s -1980s have yielded to a society impacted by globalization. Issues like adultery and abortion laws are now under scrutiny. The adultery law, for example,  punishes extra-marital affairs.  Centuries ago this meant a very public spectacle. As 17th centeury shipwrecked Dutch sailor Hendrick Hamel noted in his account of life in Korea…  Who commits adultery with a married woman, is lead through the city, together with the woman, naked or just dressed in thin underpants. From both the face is smeared with slake lime, they have an arrow through each ear, and on their back a small drum is tied on their back on which a judicial servant beats while he shouts: “Look people!, this man and this woman committed adultery!”. After being led through the city like this, they conclusively got 50 to 60 beating on their buttocks in the square in front of the city hall.

In recent years punishment has meant jail time and probation…

Chosun Ilbo notes:

The government is moving to scrap Korea’s singularly punitive adultery law. A special committee under the Justice Ministry tasked with reforming the country’s criminal code in a recent meeting agreed to abolish the draconian law, a member said Wednesday.


Consisting of 24 legal experts endorsed by the judiciary, prosecution and the Korean Bar Association, the special committee has been discussing the overhaul of the criminal code since September 2007.

The Justice Ministry plans to prepare a reform bill in the first half of this year based on the committee’s recommendations and submit it for ratification by the end of this year. The committee decided to abolish the Adultery Law after putting it to a vote.

In October 2008, the Constitutional Court again upheld the law by default, with four of nine judges saying it is constitutional and five unconstitutional, falling short of the two-thirds majority or six out of nine needed for a law to be declared unconstitutional.

The committee is also reportedly discussing permitting abortions, which remain illegal in Korea. “We have not reached any conclusions since it is a very controversial issue,” a committee member said. “But discussions are under way allowing abortions if they are conducted before a certain period of pregnancy and clamping down on those that take place after that phase as seen in advanced countries.”

The committee is also seeking to scrap punitive measures such as doubling the sentence for repeat offenders and replace them with preventive measures like surveillance, protective custody and treatment.

Reforming Koreas Punitive Laws: Adultery and Abortion Draws Scrutiny

Book Review–Korea Business Law: The Legal Landscape and Beyond

Friday, February 12th, 2010
Book Review  Korea Business Law: The Legal Landscape and Beyond

By Don Southerton, Korea Legal.org Editor

A Korean lawyer acquaintance mentioned he was reading this book. It prompted me to investigate. Seems like a book worth reading if you are involved in Korea business and legal issues.
Here’s a link for a preview. Click Here.

Korean Business Law: The Legal Landscape and Beyond
Jasper Kim; Carolina Academic Press; 358 pp., $40

This book written by Jasper Kim, a professor of Ewha Graduate School of International Studies is the first of its kind in English that explains Korean business laws for business leaders, bankers, students and academics as well as lawyers.

The book consists of 18 chapters, each written by experts in their fields ― law firm partners, scholars and members of the judiciary ― to essentially help globalize Korea’s legal commercial infrastructure. Each chapter is based on the relevant experts’ empirical background that provide essential information on business law through the author’s thoughtful insights.

Targeting a diverse global audience both inside and outside Korea, the book presents clear and concise explanations of what the law means relating to South Korea’s often complex and changing business environment.

Major issues include corporations, mergers and acquisitions, securities offerings, the Korean judicial system, intellectual property rights, project financing, private equity funds, competition law, broadcasting/telecommunications, renewable energy law, corporate governance, legal risk management, labor law, real estate, trade law and torts.

-Chung Ah-young,  Korea Times

Book Review  Korea Business Law: The Legal Landscape and Beyond

Hyundai Motor Chairman Fined for Damages

Monday, February 8th, 2010
Hyundai Motor Chairman Fined for Damages

By Don Southerton, Korea Legal.org Editor

Korea’s industrial groups and their family management are under constant public scrutiny. For decades they have attracted both praise and attack. Hyundai and Samsung tend to get most of the attention ( note my previous few posts). This surfaced today. In defense of  the actions of Chairman Chung Mong Koo, considerable restructuring efforts were required across Korea following the 1997 IMF Crisis. Much of this was for survival.

Korea media notes:

Chung Mong-koo, chairman of Hyundai-Kia Automotive Group, and Kim Dong-jin, vice chairman of Hyundai Mobis, the carmaker’s parts manufacturer, were ordered to pay 70 billion won ($60 million) in damages and penalties to the automaker for “managerial misconduct.”


The ruling follows Chung’s conviction for breach of trust in June 2008 when he was given a three-year suspended jail term. The 71-year-old tycoon was later pardoned by President Lee Myung-bak.

The Seoul Central District Court ruled in favor of the Solidarity for Economic Reform (SER) and 14 minority shareholders, Monday, who filed a lawsuit against Chung and Kim for losses they inflicted on the company when they diverted funds from affiliates to beef up the eroded capital base of the now-defunct Hyundai Space and Aircraft after the 1997 currency crisis.

The amount is the biggest ever to have been awarded by a court in a damages suit initiated by minority shareholders against the CEO of a conglomerate.

“The court rejects claims by Chung and Kim that it was an inevitable managerial decision that overall inflicted no losses on the company,” presiding senior Judge Shin Hyun-chul said. “The court also does not accept their claim that the lawsuit was filed after a statute of limitations had expired.”

Shin concluded that Chung had ordered a capital increase for Hyundai Aerospace in order to defend his managerial control and tried to have his company cover his personal debt guarantees ― all actions that supported the plaintiffs’ argument.

A Hyundai representative said that Chung has not yet decided whether to appeal or pay the damages as ordered.

“Our legal team is checking the pros and cons before making a final decision,” he said, complaining that the amount was “too much.”

The plaintiffs lodged the lawsuit after Hyundai Motor rejected their request to its board of directors to take action against the chairman. SER cited the conviction of Chung for embezzling 70 billion won in corporate funds on top of a 45 billion won fine levied by the Fair Trade Commission for illegally subsidizing Hyundai Aerospace through affiliate Glovis, now Mobis. [ not sure this is correct, I believe it was Hyundai Precision, not Glovis--which was created in 2001.]

Under current regulation, this request must precede any legal action by minority shareholders to seek damages for losses a company sustains.

Hyundai Motor Chairman Fined for Damages

US International Trade Commission To Investigate Samsung

Saturday, February 6th, 2010
US International Trade Commission To Investigate Samsung

US International Trade Commission To Investigate Samsung By Don Southerton, Korea Legal Editor

IP issues interest me. For one, as Korea moves from a heavy industy, labor intensive export production model to more gray matter sectors like bio tech, Green and renewable, and high tech I see more and more IP issues surfacing. On another level, vicious competition within the high tech sectors coupled with internal corporate pressure to perform add to the situation.

Seems like Samsung at the center of many controversies. It’s shear and scale had lots to do with this…

DOW JONES NEWSWIRES Feb. 4, 2010

The U.S. International Trade Commission said it has voted to embark on an investigation into allegations that Samsung Electronics Co. (005930.SE) has violated Sharp Corp.’s (6753.TO) patents used to make components in flat-screen televisions.

The latest complaint comes after the Korean electronics giant in December filed a complaint with the U.S. commission against Sharp alleging that the Japanese firm infringed on Samsung’s patents for liquid crystal display devices. It joins a growing list of disputes about patent breaches in the highly competitive electronics industry as companies strive to protect their intellectual property and cutting-edge technologies.

Patent-related legal disputes happen often in the flat-panel display industry, although in most cases they end up in cross-licensing deals.

Officials at both Samsung and Sharp said they had no immediate comment on the issue.

In a statement on its Web site, the ITC said the products involved the probe are LCD modules for products used in televisions.

The ITC is beginning the investigation after Sharp filed a complaint against Samsung on Jan. 8. In the complaint, Sharp asked that the ITC issue a cease-and-desist order on the export and sale of such products.

“By instituting this investigation, the U.S. ITC has not yet made any decision on the merits of the case,” the commission said in the statement.

The ITC’s chief administrative law judge will assign the case to one of the ITC’s six administrative law judges, who will schedule and hold a hearing.

The administrative law judge will then make an initial determination as to whether there is a violation, it said.

Samsung in November lost a patent infringement case raised by Sharp in 2008 that involved LCDs. In that case, the U.S. ITC ruled that Samsung infringed on four of Sharp’s patents for technology to improve the picture quality of LCDs and said the South Korean company should stop selling devices in the U.S. that trespassed on the patents.

Link http://online.wsj.com/article/BT-CO-20100204-722715.html?mod=WSJ_World_MIDDLEHeadlinesAsia

US International Trade Commission To Investigate Samsung