Omelberni and Myers, "High Understanding of Complex US Litigation"

From M&A to International Litigation
Detailed Understanding of Case-Specific Characteristics
Providing Global Legal Solutions

The global law firm O'Melveny & Myers (hereinafter O'Melveny), established in 1885 in Los Angeles, USA, currently operates approximately 800 attorneys across 18 offices worldwide, including London, Tokyo, and Seoul, addressing complex legal challenges across various industries. Since establishing its Seoul office in November 2012, it has become a distinguished partner in supporting Korean companies' global expansion and resolving overseas disputes.

Shin Young-wook, Chief Attorney of Omelberni Seoul Office (left), and Kim Sae-jin, Chief Attorney (right). Photo by Legal Newspaper

O'Melveny's Seoul office is co-managed by U.S. attorney Kim Sae-jin and attorney Shin Young-wook (53, Judicial Research and Training Institute class 29). Representative attorney Kim Sae-jin previously served as head of the Korean corporate advisory team at Paul Hastings' Seoul office and currently provides active counsel to major Korean conglomerates in areas such as international mergers and acquisitions (M&A), private equity, and international joint ventures. She has notably contributed to the global expansion of domestic companies by successfully leading large-scale overseas M&A transactions.

Representative attorney Shin Young-wook passed both the Korean bar exam and the civil service exam, worked at a major domestic law firm, then studied abroad in the U.S., obtaining bar qualifications in New York and California. He gained attention as the first representative of a foreign law advisory firm holding Korean attorney qualifications.

- Achievements and development over the past decade

Representative attorney Kim Sae-jin: O'Melveny has addressed various legal challenges faced by Korean companies in the global market. The firm has defended Korean companies in patent infringement lawsuits, antitrust investigations, and consumer class actions, and has achieved significant results in advising on foreign company acquisitions and joint ventures. The Seoul office, which started with two attorneys in 2012, has grown to seven U.S. attorneys, divided into litigation and regulatory advisory teams and M&A and corporate advisory teams, providing a broad range of services.

- Strengths and areas of expertise of the Seoul office

Kim Sae-jin: The Seoul office has strengths in litigation and regulatory advisory as well as M&A. The combined experience of two litigation and regulatory specialist attorneys totals 55 years. The five attorneys forming the M&A team have a combined experience of 70 years and have handled over 350 M&A and joint venture transactions. Team members have worked in key international financial and corporate hubs such as New York, Silicon Valley, and Hong Kong. The industries advised by this team include semiconductors, electrical and electronics, artificial intelligence, robotics, blockchain, sports, film, music, oil and gas, clean energy, renewable energy, chemicals, biotechnology, and pharmaceuticals, covering all major sectors. A particular strength of the M&A team is that attorneys based in Seoul lead the drafting and negotiation of final transaction agreements, driving deals forward.

- Major litigation experience related to Korean companies

Representative attorney Shin Young-wook: Although prior to the establishment of the Seoul office, a notable case was the litigation between SK Hynix and Rambus, which concluded in 2011. It was one of the largest U.S. lawsuits involving a Korean company, where O'Melveny successfully represented SK Hynix. Additionally, O'Melveny represented clients in antitrust collusion lawsuits involving Asiana Airlines and Korean Air.

Kim Sae-jin: O'Melveny has also distinguished itself in acquisition deals involving Korean companies listed in the U.S. market. Three years ago, it led the approximately $2.5 billion acquisition of Kraton by DL Chemical, one of the largest outbound deals at the time.

- Cautions for Korean companies in U.S. litigation

Shin Young-wook: U.S. litigation procedures are complex and costly. Particularly, procedures such as discovery differ significantly from Korean litigation.

This often causes frustration for Korean companies. Therefore, it is important for Korean companies to fully understand and prepare for the characteristics of U.S. litigation before proceeding. The Seoul office carefully assists clients by paying close attention to these processes and preparing meticulously.

- Talent recruitment and organizational culture

Kim Sae-jin: We value not only outstanding legal capabilities but also teamwork and collaboration skills. O'Melveny selects talent who embody the core values of excellence, leadership, and civic spirit. Through this, we deliver the best outcomes to both clients and colleagues.

Shin Young-wook: O'Melveny practices a culture of respect among colleagues rather than hierarchical command. This culture provides high satisfaction to young attorneys and contributes to delivering better services to clients.

Lee Jin-young, Legal Times Reporter

※This article is based on content supplied by Law Times.