Expertise

Finance Disputes

Introduction

Introduction

Shin & Kim’s dedicated Finance Disputes Practice has long been recognized as a top tier Practice in relation to disputes relating to securities and finance. Our team of experts provides has assisted clients in dealing with the complex issues that are inevitable in disputes in this sector for decades. Our team understands the subject matter and the competing interests the various stakeholders may have. It is this experience that has earned the Practice the reputation as being one of the best.

Key Services

The Practice provides advice to and with respect to the following:

  • Financial institutions including banks, securities companies, asset management companies and insurance companies in connection with general finance disputes. 
  • Disputes related to the issuance and distribution of marketable securities, including stock.
  • Responses to investigation by financial supervisory authorities related to unfair business practices and violation of duty of disclosure, including price manipulation and insider trading; represents clients in connection with related civil and criminal litigations.
  • Disputes relating to financial derivatives including futures, options and derivatives-linked securities, and other financial derivatives transactions.
  • Disputes related to funds (investment trust).
  • Disputes related to trusts, including real estate trusts.
     
Experiences
  • Samsung Electronics and other affiliates of the Samsung Group in a lawsuit filed by the creditor financial institutions of Samsung Motors demanding commitment for KRW 5 trillion.
  • A foreign bank in connection with a claim for security deposit.
  • Korean banks in connection with litigation related to the issuance of counterfeit letters of payment guarantee under the banks’ name.
  • Korean companies in lawsuits related to short swing and insider trading in Korea.
  • A Korean securities company in a lawsuit related to securities fraud, including manipulation and fraudulent buy orders.
  • A Korean securities company in a lawsuit filed against it by Chinese stock investors related to false entries to and false due diligence on securities reports by the agency leading the listing process.
  • A foreign private equity fund in a lawsuit related to an erroneous order in option trades.
  • Stock brokers and fund managers in the defence of parking violations under the Financial Investment Services and Capital Markets Act.
  • A financial holding company in a lawsuit related to determining of stock purchase price for comprehensive stock exchange with a bank.
  • Multiple clients in litigation related to a variety of financial derivatives, including forward exchange, KIKO, Snowball and interest rate swap.
  • Multiple clients in litigation related to a variety of derivatives-linked securities, including ELS, ELW and DLS.
  • Korea’s top tier asset management companies in lawsuits claiming for damages resulting from loss of fund investments and incomplete sales.
  • A Korean securities company in a lawsuit related to the liability for damages without fault of a financial institution under the Electronic Financial Transactions Act.
  • Multiple clients in litigations related to fraudulent trusts, termination of trust agreements and claims for trust proceeds.
Awards and Rankings
  • Litigation Law Firm of the Year
    ALB Korea Law Awards 2018
  • Ranked Tier 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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