Insights | Kobre & Kim — Disputes and Investigations

Client Alert April 24, 2025

International Companies Should Not Shy Away from Potential Disputes Against Korean Conglomerates

Emerging commercial opportunities in South Korea are opening doors for investors worldwide.
Foreign investors and trade partners continue to face significant challenges when navigating disputes with chaebols, given their dominant position and the complexities of the Korean legal landscape.
Utilizing antitrust authorities may be one component in building an aggressive and effective strategy.

Client Alert November 7, 2024

Global Investors Can Protect Their Interests Amid Succession Disputes at Korean Chaebols

In South Korea, family struggles and key shareholder disputes over control of conglomerates, or chaebols, have long posed risks to minority shareholder interests.
As the chief of South Korea’s Financial Supervisory Service raises concerns over a bid to take over Korea Zinc, many are preparing for impact on shareholder value.
Global investors, including activist funds, should consider deploying creative strategies to maximize their positions.

Client Alert March 14, 2024

How Activist Investors Can Protect Their Rights Amid Family Succession Struggles at Korean Chaebols

Opportunities for activist investors in Korea are expanding, but as an ongoing dispute involving LG shows, corporate succession disputes involving chaebols can be a source of risk.
These family struggles can lead to attempts at corporate changes that conflict with the interests of minority shareholders.
Investors and activists should understand the risks and their options by working with international counsel to protect their rights.

Client Alert September 7, 2023

Defensive and Counteroffensive Strategies in Delaware for Business Disputes that Turn Personal

Cross-border disputes involving ultra-high-net-worth individuals (UHNWIs) can often turn personal.
Commercial counterparties may try to make the UHNWI individually liable, putting their personal assets at risk.
However, if there is a connection to Delaware, UHNWIs can leverage the favorable tools available in the jurisdiction to resolve disputes in their favor.

Client Alert August 9, 2023

How SPAC Sponsors and De-SPACed Companies Can Protect Themselves as Valuations Plunge

After the SPAC boom of 2020 and 2021, many de-SPACed companies are now facing cash constraints and even bankruptcy.
Companies and their sponsors could face increasing scrutiny and disputes from shareholders, creditors or regulators as a result.
We explain how sponsors can be best positioned to prepare for the legal, financial and reputational risks that follow.

Client Alert June 29, 2023

Lessons Learned for Activist Investors: The 2023 Korea Annual General Meeting Season

2023 has continued a trend of increasingly energetic shareholder activism in Korea.
The most recent annual general meeting season has shed light on the paths activist investors can take to increase their chances of success.
Our team explores the main takeaways and lessons learned from the season.

Client Alert June 15, 2023

Opportunities for Global and Local Activist Investors are Growing in Korea

Recent developments in the Korean legal landscape have been in activist investors’ favor, opening new opportunities to assert their rights and interests in Korean companies.
Still, the intricacies of the Korean market and the dominance of chaebols mean investors should still tread carefully.
Creative strategies that navigate these complexities can bring investors the greatest chances of success.

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.

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.

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.

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.

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.

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.

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.

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.