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Client Alert January 18, 2023

Opportunities for Foreign Activist Investors to Take Advantage of Korea’s Shifting Corporate Landscape

  • The Korean corporate landscape is becoming more favorable for activist campaigns.
  • Foreign activist investors have new opportunities to push for change and maximize value, even against the biggest chaebols.
  • Our team explains what these developments mean and how investors can take advantage.

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Client Alert December 7, 2022

Enforcing Minority Shareholder Rights in Asia: A Comparative Guide to Just and Equitable Winding Up

  • Minority shareholders have options to stand up to majority shareholders and directors, such as unfair prejudice claims or derivative actions.
  • However, if these do not achieve the desired result, one more tool is available to exert pressure: a just and equitable winding up.
  • We lay out how this tool can be applied in five key jurisdictions for corporate structures in Asia.

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Client Alert October 12, 2022

Maximize Shareholder Value: Activist Investor Strategies in Korea

  • Recent developments in Korea have made Korean chaebols attractive to overseas activist investors.
  • However, the intricacies of Korean capital markets and legal practice, and the influence of chaebols, mean investors need to tread carefully.
  • Only by engaging in creative strategies that consider local and overseas factors can investors have the greatest chance of maximizing shareholder value.

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Client Alert August 31, 2022

Enforcing Minority Shareholder Rights in Asia: A Comparative Guide to Derivative Actions

  • Minority shareholders may be surprised to learn that they have effective options when a director or other fiduciary has harmed the company.
  • However, the situation may be complicated when structures cross borders, as many corporate structures in Asia do, including spreading offshore.
  • Our Claim Monetization team explores how shareholders can deploy derivative actions in five key jurisdictions across Asia Pacific, the UK and the Caribbean as part of an effective cross-border strategy.

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Client Alert July 26, 2022

Enforcing Minority Shareholder Rights in Asia: A Comparative Guide to Unfair Prejudice

  • Minority shareholders may have certain remedies available when they feel their rights have been unfairly prejudiced by the majority.
  • However, the situation may be complicated when structures cross borders – typical corporate structures in Asia may spread across offshore and other key regions.
  • Our Claim Monetization team lays out the basic parameters of the tools open to minority shareholders across five key jurisdictions.

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Client Alert September 15, 2021

Minority Shareholders Gain Tools Against Corporate Abuse in Korea

  • Minority shareholders of South Korean industrial conglomerates, or “chaebols,” have had few ways to protect their interests against controlling shareholders.
  • However, with the passage of new amendments to the Korea Commercial Code (KCC), minority shareholders have gained new tools to even the playing field.
  • Our Claim Monetization and Dilution team looks at the key changes and implications that minority shareholders and activist investors should know about.

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Client Alert June 5, 2019

To Catch a Debtor: Seizing the Money

  • Chinese businesses tend to favor offshore jurisdictions for setting up joint venture (JV) structures, but deadlock can ensue if partners differ into a dispute.
  • A litany of offshore legal tools exists, from provisions in the JV's constitutional documents to the appoint of a receiver to restore control to the wronged party.
  • However, the process for deploying these options differ based on each jurisdiction, and it is advisable to seek counsel before acting on any strategy.

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Client Alert August 8, 2018

4 Pitfalls to Avoid When Conducting Cross-Border Investigations of Shareholder Demands

  • Corporate directors and their counsel should understand the nuances of cross-border independent investigations, which can create pitfalls for even the most experienced corporate advisers.
  • Although the stated risks are common to many types of cross-border investigations, they can be unexpected for corporate advisers whose primary experience is U.S.-based.
  • Strategically navigating the pitfalls stated within is vital because the business judgment rule does not protect a board or a company from violations of the foreign laws discussed.

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