Expertise

Management disputes and hostile M&A

Introduction

Introduction

Disputes as to management or ownership of companies can be incredibly complex. Formulation of strategies which deal with immediate issues and also long term goals. Shin & Kim has been the trusted adviser to many clients for decades. The Hostile M&A Disputes team is comprised of experts experienced in litigation and M&A.

Shin & Kim takes a multi-disciplinary approach in advising clients. The complexity of the matters and the time pressures require lawyers who not only understand litigation, but who are understand the context in which a hostile matter is developing. The Hostile M&A Disputes team has the expertise and the capacity to navigate the myriad of issues facing clients.

Key Services

The Practice provides the following advice:

  • Strategies for a proposed hostile M&A or defending against one.
  • Improvements in corporate governance.
  • Countermeasures against minority shareholders or shareholder activism;
  • Directors’ fiduciary duties.
  • Company reorganizations, including merger, division, and comprehensive exchange/transfer of shares.
  • Criminal complaints and civil lawsuits seeking compensation for damages.
  • Management disputes relating to joint ventures, such as a breakdown of joint venture business.
Experiences
  • Hyundai Elevator in its defence from a hostile M&A by the Schindler Group.
  • Management of Kumho Asiana against a claim by the Kumho Petrochemical Group of breach of fiduciary duties.
  • SaveZone in a managerial dispute with E-Land.
  • KT&G against a hostile M&A attempt by Carl Icahn.
  • Certain convertible bondholders in the management of Company A.
  • The largest shareholder of listed Company B in a dispute over control with the second-largest shareholder
  • Company C against attempts by the employee stakeholders against access to books and records.
  • The second-largest shareholder of Company Din the securing of management rights from other shareholders.
  • Certain family members in a dispute over management of Lakeside Country Club.
  • SK Corp in a managerial dispute involving Sovereign Asset Management
  • Hyundai Oilbank in a dispute over management of the company.
  • Minority shareholders in the takeover of Daewon Paper.
  • Savoy Hotel in a litigious M&A of Shinsung Trading.
  • Daesung Group in disputes with respect to managerial control.
Awards and Rankings
  • Litigation Law Firm of the Year
    ALB Korea Law Awards 2018
  • Ranked Band 1 Law Firm for Dispute Resolution
    Asia Pacific Legal500 2015-2018
  • Ranked Band 1 Law Firm for Dispute Resolution - Litigation
    Chambers Asia 2014-2017
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