Sean Hayes Attends American Bar Association’s Forum on Franchising

IPG has one of the leading practices in Franchise and Distribution in Asia.  Sean Hayes will attend the American Bar Association’s Forum on Franchising. From the event’s brochure: Welcome to the 36th Annual forum on Franchising at the Rosen Shingle Creek Resort in Orlando, Florida on October 16-18, 2013. Starting on Wednesday, October 16, highly-experienced franchise attorneys will present Fundamentals of Franchising, the finest course available on the basics of franchise law.  Two additional five-hour intensive programs will also be offered: an in-depth program on the theory and practice of mediating a franchise dispute, and Fundamentals of International Franchising, featuring experienced practitioners from both sides of the pond. On Thursday and Friday, twenty-four engaging, unparalleled workshops cover a variety of legal developments and business challenges facing the franchise industry.  Make sure to attend outstanding plenary sessions, including the popular Annual Developments, a survey of the key cases and decisions in

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‘Meet the Lawyers’ Session at MIPCOM Features Sean Hayes

Along with the speech by attorney Sean Hayes at MIPCOM on October 8, 2013 – Sean participated in a session entitled ‘Meet the Lawyers.’ Sean discussed, during the session, issues related to the clearing and acquisition of intellectual property in Asia.   In attendance were attorneys from Germany, Holland, Turkey, Korea, the UK and the US. Other articles that may be of interest that relate to MIPCOM: Sean Hayes Speech on Second Screen Legal Issues Reported in MIPCOM News October 9, 2013 Sean Hayes will be Speaking at MIPCOM on Second Screen Legal Issues You can visit MIPCOM’s website here. [email protected] (c) Sean Hayes – SJ IPG. All Rights reserved.  Do not duplicate any content on this blog without the express written permission of the author. [email protected]

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Contracts Necessary for Doing Business with a Korean Company?

If you would like to avoid Korean court expenses and headaches related to your business in Korea, please do yourself a favor and have you Korean contracts drafted by an experienced Korean professional prior to doing business with a Korean company We handle litigation and arbitration matters for many clients that have either used a Korean attorney without adequate experience in Korea or that have foregone the use of an attorney in favor of form contracts they find on the internet or via an attorney with no experience in Korea. The litigation matter is, often, complicated because of these, too often, poorly drafted agreements and lack of some basic clauses that would add protections for a non-breaching party. Any client that pleads that the fee to draft these Korean contracts are too high or that they will just download a form agreement from the internet is immediately sent the following.

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Foreign-Capital Invested Companies in Korea Subsidies for Employing New Workers in Seoul, Korea

The Seoul Government has issued the following official notice in order to inform foreign-capital invested companies of a program to partially subsidize the wages of newly hired Korean employees. We have recently advised clients eligible for this program in our quarterly legal update.  We have also advised on the numerous other new tax holiday, incentive, and other programs available to foreign businesses operating in Korea and will be posting some of these updates on this blog over the next couple of weeks.  We think this program is immediately useful for many of the readers of this blog.  Please promptly apply for the benefits and we highly recommend learning more about the numerous other benefits available to foreign-capital invested companies in Korea. The following is the Official Notice issued by the Seoul Government. ___________________________________ Notice No. 2011 – 1289 Seoul Metropolitan Government (SMG), under the Seoul Metropolitan Government Ordinance on Support

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Korean Price-Fixing Law: Defining the Relevant Market in Korea Antitrust Law

The Seoul High Court (2009 NU 1930, May 19, 2010) has overruled a decision of the Korean Fair Trade Commission (KFTC) in a case concerning price-fixing by luxury car importers. The KFTC has appealed the this pivotal price-fixing case.  We shall update the reader. The High Court ruled that a price-fixing arrangement (restriction on discounts from MSRP) between Lexus car dealers was not an “unfair collective act” under Monopoly Regulation and Fair Trade Act Art. 19 (1) thus overruling the decision of the KFTC that imposed a fine and ordered the dealers not to engage in the price-fixing arrangement. The KFTC has also imposed a fine on other luxury car importers. The KFTC opined that the relevant market was the market for the particular car and not the entire car or luxury car market. Thus, the Commission ruled that the act restrained trade absolutely within the relevant particular car luxury

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Korean Labor Law Checklist for Employers and Employees

The Korean Ministry of Labor created this list with revisions by Sean Hayes and IPG.  I will update the list periodically. The checklist is intended for all employers that employ five or more workers. The list contains many generalizations, thus, don’t take this as the end all list.  I suggest, also, clicking on the label to the right entitled Korean Employment Law.  Please note that Korea’s Labor Law is evolving rapidly, thus, this list may not reflect recent changes.   KOREAN LABOR STANDARDS ACT A Korean company should conclude a labor contract with every worker whom it directly employs. An employer, when concluding a labor contract, should clearly state terms of employment prescribed by the act. (Fine up to 5 million Won) An employer ordinarily, employing ten workers or more, should prepare rules of employment and submit them to the Ministry of Labor. (Civil fine up to 5 million Won) An

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