Seth (Byoung Soo) Kim

Seth (Byoung Soo) Kim is a partner in the Finance and Bankruptcy Practice Group in the firm’s Seoul and New York offices. He is also the Representative, Foreign Legal Consultant (U.S.A.) for the Seoul office.

Areas of Practice

Seth, a native Korean speaker, is a business lawyer who serves as an advisor to Korean and other Asian companies, as well as U.S. companies doing business in Korea, on a broad array of legal issues. Drawing on the expertise of Sheppard Mullin lawyers across multiple practices and geographies, Seth has experience representing clients in the following areas:

•Dispute Resolution - Litigation in U.S. Courts in patent litigation, employment litigation and other complex matters
•International Arbitration - International dispute resolution (including international arbitration and litigation) and counseling involving construction defects, extra work claims, changed conditions claims, delay, acceleration and disruption claims, defective work claims, surety bond claims, and professional liability of architects and engineers.
•White Collar Defense and Corporate Investigations - White collar defense and internal investigations in connection with domestic and cross-border investigations and inquiries by U.S. Attorney’s Offices, the SEC, FINRA, the NY Attorney General’s Office and other governmental entities and self-regulatory organizations
•Banking Law - Federal, New York and California bank regulatory matters; bank acquisitions
•Bankruptcy Law - Corporate reorganization and restructuring; domestic and cross-border insolvencies; creditors' rights; distressed acquisitions
•Commercial law - Asset based financings; syndicated credit facilities; real estate financings; working capital loans; mezzanine and subordinated credit financings; letters of credit and other credit enhancement facilities; cross-border lending transactions; commercial paper offerings; asset securitization; swaps, options and OTC derivatives; financings involving collateralized debt, bond and loan obligations, total return swaps and other structured derivative programs
•Corporate and Securities Law - SEC filings; exchange listing rules; public offerings; private equity financings; proxy solicitations; broker-dealer matters; investment advisor matters; corporate governance; mergers and acquisitions; joint ventures and strategic alliances
•Entertainment Law - Development, production, acquisition and distribution of motion pictures, television programming, music videos, video games and other content; production financing; recording, soundtrack, and music publishing deals; videogame development and publishing arrangements; sports and other live events; fashion, apparel and beauty matters
•Intellectual Property - Licensing and other intellectual property matters

Honors

Recommended by The Legal 500 Asia Pacific - Foreign firms, 2016 and 2018

Insights

Articles

• Things we need to be aware of when investing in Myanmar, The Korea Herald, February 6, 2013
• Reporting Requirements under the Foreign Account Tax Compliance Act (FATCA), Maeil Business Newspaper, January 12, 2013
• Olympics, Video Game and Energy, Aju Business Newspaper, August 22, 2012
• Sharp Increase in Rule B Attachments as a Result of the Turmoil in the Shipping Industry, Korea Shipowners' Association Monthly Magazine, March 10, 2009

U.S. Legal Insights for Korean Businesses Blog Posts

• Coal Hard Facts: North Korea Sanctions Remain in Place and Remain a Risk, August 9, 2018

Media Mentions

•Xtep International’s $260 Million Acquisition of E-Land Footwear USA
Global Legal Chronicle, 05.22.2019
•Recent Victories by Sheppard Mullin’s Intellectual Property Group
Legal Times (Korea), 03.05.2015
•High Court Says Trademark Tacking Up To Juries
Law360, 01.21.2015
•Sheppard Mullin Team Argues U.S. Supreme Court Trademark Case for Hana Bank
12.03.2014

Speaking Engagements

•DICON 2014 International Content Conference - Content Enterprises' Entry into the U.S.: Legal Considerations (November 19, 2014)
•Busan International Film Festival - An Overview of Motion Picture Co-Production Deals: China-Korea Co-Production Treaty (October 5, 2014)
•Seoul Fashion Week - Fashionable Mergers: What You Need to Know About Mergers and Acquisitions (October 21, 2013)
•Busan International Film Festival - Motion Picture Co-Production Business and Legal Issues (October 10, 2013)
•Panelist, Forum on the Future of FTAs and Service Trade, Korea International Trade Association (November 16, 2012)
•Speaker, Infrastructure and Project Development, KOTRA (July 18, 2012)
•Speaker, United States - Korea Free Trade Agreement (KORUS FTA), Korea International Trade Association (June 12, 2012)
•Speaker, The Opening of the Korean Legal Market and How to Strengthen the Competitiveness of the Korean Legal Services, The Ministry of Justice of the Republic of Korea (November 28, 2011)

Events

•Brand Launch in the United States: How to Secure Trademark Rights and Avoid Litigation
03.11.2015