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Expertise

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Lee & Ko operates a start-ups team, which consists of experts in various practice areas, to provide specialized legal advices that a start-up company may need on a wide range of legal issues in connection with its establishment, financing, operation, initial public offering (IPO), management and protection of intellectual property rights, as well as tax and legal compliance, among other things. 

Lee & Ko’s start-ups team provides one-stop legal service on matters that pertains to each of the growth stages of a start-up company – from establishment to operation and investment, and ultimately to recovery of investment.

At the establishment stage, the start-ups team advises its clients on the optimal entity type and governance structure in light of each client’s particular business model, as well as a wide range of financing schemes, including private equity funds (PEFs), angel funds, and crowd funds. During the operation stage, the start-ups team advises on various issues, including protection of the key intellectual property rights and trade secrets, personal and labor issues, including retaining key employees and complying with the laws and regulations specifically applicable to the particular business. Furthermore, the start-ups team assists its clients in large-scale financing through IPO and foreign market penetration as well.

Our start-ups team focuses on growth of the start-up companies that it advises. Drawing upon its extensive experience and expertise, it provides in-depth legal services in following ways: (i) facilitating legal compliance through a set-up of corporate system optimized for business environment; (ii) providing effective solution to various regulatory issues such as government approval/authorization, anti-trust and tax issues throughout the course of its business; and (iii) providing legal advice on development and protection of core technology and related intellectual property rights.
 
Expertise
Legal Advice on Corporate Legal Affairs

Lee&Ko is a leading law firm in the Corporate/M&A market in South Korea, and provides the most effective and efficient legal services in the market with its unrivaled expertise and experience. Lee&Ko advised on issues pertaining to the establishment of a start-up company, general corporate governance structure, investment agreement with outside investors, legal disputes between a company and its investors, corporate takeover defense (e.g., hostile takeover), and domestic and cross-border M&A transactions. 


Legal Advice on Intellectual Property Rights 

Since a start-up company is often established, and operates, based on its unique and original business models and contents, securing and protecting the relevant intellectual property rights is often a critical issue. For example, where multitudes of start-up companies with similar and competing business models are established, disputes pertaining to intellectual property rights arise frequently. Consequently, it is essential to obtain a professional advice on registration and licensing of intellectual properties from the very onset of a start-up’s establishment.

The members of Lee&Ko’s start-ups team come from various technical backgrounds, such as electrical engineering, chemistry, medicine, pharmacy, biological engineering, mechanical engineering, telecommunications, computer software engineering, semiconductor engineering, among others. By utilizing their technical backgrounds for the benefits of the clients, the members of the start-ups team effectively represents start-ups companies in intellectual property disputes. 


Legal Advice on Compliance and Legislative Consulting

Start-up companies often face numerous license/permit and other regulatory requirements. In particular, broadcasting and telecommunications-related laws applicable to IT companies and finance-related laws applicable to fintech companies are complex and ever-changing. As such, in-depth legal advices are essential in these areas. Start-up companies with a successful business model have often failed due to their lack of understanding of the applicable legal issues, which demonstrates the importance of legal compliance issues. Lee&Ko’s start-up team assists its clients with implementation of compliance manual, conducts education/training sessions with regard to compliance issues, in addition to providing compliance-related legal advices.
 
Furthermore, there may be legislations that are incomplete or unreasonable for the cutting-edge business models of certain start-up companies, resulting in a critical impediment to such business models. Lee&Ko’s start-up team consists of legislative consulting experts, including those with experience from the Ministry of Government Legislation. The experts provide legislative consulting services, seeking to amend unreasonable laws or regulations through non-litigation measures, such as enactment and amendment of laws and use of authoritative interpretations. 


Legal Advice on Employment and Labor 

Start-up companies are often established and operated by a small group of people. Consequently, human resources are often the most critical factor in their operation. In case where key employees leave companies or engage in any legal disputes with a company, certain valuable corporate assets, such as corporate know-hows, may be leaked. Therefore, start-up companies need to be well prepared in advance for an employment and labor issues, including with respect to recruiting, rewarding and managing the employees, as well as their resignation.
 
Lee&Ko provides legal advices on the fundamental strategies for such employment and labor issues; non-competition and trade secret protection subsequent to resignation of employees; corporate restructure and structural changes; and other labor-related issues. 


Legal Advices on IT and Personal Information 

Start-up companies’ operation utilizes internet or mobile based systems, which include electronic signature system, e-commerce, mobile electronic payment, as well as other IT, broadcasting and telecommunications technologies. Lee&Ko’s start-up team represents numerous domestic and foreign business operators in the field of internet, e-commerce and telecommunications, drawing upon the members’ extensive experience and expertise on internet platform (portal, search engine, etc.), contents regulation, internet advertisement, online game, IT outsourcing, system development, system solution provision, domain name registration, electronic signature authentication, and e-commerce, etc. 


Legal Advices on Tax

Lee&Ko’s start-up team also has a wide array of tax experts that provide transactional advice on tax-related matters, as well as representation and advocacy in tax-related disputes. In particular, our start-up team provides advices on tax-related issues in connection with growth of start-up companies, establishment of accounting and tax-related principles of newly established companies, inheritance and gift taxes related to stock transfer, and IPO-related tax strategies. 


Legal Advice on IPO

Lee&Ko prides itself on unparalleled work capacity and performance with respect to domestic IPOs. We provide a full array of IPO-related legal services, including analysis of listing structure of start-up companies, legal advice on fulfillment of listing requirements (including advice on special listing requirements for “Technology Growth Companies” (as defined under KOSDAQ Listing Rules) (e.g., venture companies), and legal advice on the contracts required for an IPO transaction. 


Legal Advice on Various Incentives for Start-up Companies 

Certain start-up companies are subject to a special set of incentives under various rules and regulations, including Act on Special Measures for the Promotion of Venture Businesses, Restriction on Special Taxation Act, KOSDAQ Listing Rules, which were designed to benefit and incentivize start-up companies. Lee&Ko’s start-up team has full capabilities to assist start-up companies fully capitalize on such special requirements. 
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Major Cases
  • Advised various start-up companies in connection with the legal structures for obtaining investments from qualified investors
  • Advised a private equity fund with respect to its investment in Company C
  • Advised Company N with respect to its publishing agreement in China and Japan
  • Prepared standard equity investments agreements between start-up companies and investors 
  • Negotiated on behalf of a client (mobile developer) with Google to have Google retract its decision to terminate the client’s account in its mobile app market (Play Store) 
  • Advised start-up companies with respect to collection and use of GPS data on mobile game
  • Advised start-up companies with respect to unauthorized collection of personal information and transmission of advertisement
  • Advised a start-up company with respect to partnership agreement for game publishing
  • Advised start-up companies with respect to international patent applications in the U.S., Japan, Europe, and China
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Key Contacts
Recent Developments