As more Korean companies are making inroads into the global market, the number and types of disputes between foreign companies and Korean companies are increasing, and so are high-value cases in these disputes. Such disputes are often litigated overseas rather than in Korea, especially in the United States, which is common law country. Of particular concern for litigations in common law jurisdictions is the evidence production procedure called "discovery." Discovery is a process of fact-finding and evidence-gathering before trial to obtain information or to verify facts from the other party or third party. (In modern litigation, discovery is usually conducted as electronic discovery or e-discovery, which includes collecting and exchanging electronic data.) The discovery process is critically important and can often determine which party would likely win the case or how the parties would evaluate their settlement positions. Since discovery can be a decisive factor in the outcome of a dispute but also is often a time-consuming and frustrating process for litigants, it is important to have the right expertise and strategy from the outset, and throughout the entire process.

At Lee & Ko, we have a special Discovery Team that has extensive experience and deep expertise in such discovery matters. Our Discovery Team has completed a number of document collection and management processes for overseas litigation as well as various compliance matters, and has accumulated substantial expertise and insights for providing effective and efficient legal services in matters involving discovery. Additionally, Lee & Ko’s Discovery Team has a wealth of hands-on experience and know-how in performing discovery on our in-house system and other various systems used by clients or discovery vendors, and in setting up appropriate security measures that meet clients’ needs.

It should be noted that discovery may soon become an important aspect in Korean litigation as well. The Korean Supreme Court is contemplating the adoption of the US-style discovery procedure as part of potential improvements in the litigation process for efficient resolution of disputes involving corporations. Separately, the Korean Intellectual Property Office (“KIPO”) is discussing the introduction of the US-style discovery as a way to potentially address the problem that there currently is no system for collecting evidence of infringement and damages in patent lawsuits even when the infringer has such evidence. To that end, KIPO has been making substantive legislative efforts to introduce the so-called "K- Discovery," which aims to include procedures for expert fact-finding and out-of-court witness deposition. Recently, the Korean Bar Association is also working to introduce the K-discovery system, together with attorney-client privilege rules. In view of these changing trends, it is now even more important to formulate a strategy that effectively utilizes the discovery process.

Expertise

Discovery in Overseas Litigation and International Arbitration
Lee & Ko’s Discovery Team has worked on numerous international litigation and arbitration matters in various areas such as patent, trade secret, antitrust, securities, and product liability, and has accumulated extensive experience and expertise in the discovery space. From our experience, we understand that the process is interconnected from the beginning to the end, from preparing an appropriate response to a request for preservation of evidence to agreeing on the scope of document collection, to collecting and reviewing documents, and finally to using the collected evidence strategically to achieve a favorable outcome. We have the know-how to successfully execute each stage of this process, and are able to work seamlessly with local counsel to achieve the desired results for the client.

In addition, based on our experience with multiple document management and review platforms and our deep understanding of these platforms, we can recommend the optimal platform for each case and provide customized and comprehensive service through all phases of litigation.

Counseling on Establishing Document Management System
Lee & Ko’s Discovery Team has assisted clients on properly managing internal documents and on setting up efficient document management systems, so that our clients can effectively prepare in advance for future government investigations, regulations, and disputes. With our assistance, our clients have been able to reduce risks of actual investigations or disputes and also minimize the costs of preserving, collecting, processing, storing, and submitting documents in the event of actual investigations or disputes.

Preparation for K-Discovery
There have been active discussions on improving the evidence collection procedure in Korean litigation through the introduction of K-Discovery, and if the K-Discovery system is legislated, it will be necessary to prepare for this new system and strategize on how to use it as part of a winning strategy. Based on our ample experience with discovery in various overseas lawsuits and our insights gained from participating in the legislation process of K-Discovery, our Discovery Team is best equipped to present strategies to proactively prepare for legislative changes regarding K-Discovery and to assist clients successfully implement those strategies based on our experience and know-how.

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Major Cases

Discovery in Overseas Litigation and International Arbitration

Conducted discovery work for a plaintiff Korean company in a patent infringement lawsuit filed before the US ITC and the US District Court for the District of Delaware related to solar cell technology
Conducted discovery work for a plaintiff Korean company in a patent declaratory judgment action filed before the US District Court for the Central District of California related to polyimide film technology
Conducted discovery work for a defendant Korean company in a patent infringement action filed before the US District Court for the District of North Carolina related to secondary battery separator technology
Conducted discovery work for a defendant Korean company in patent infringement and unfair competition actions filed before the US District Court for the District of New Jersey related to grain-oriented electrical steel sheets
Conducted discovery work for a defendant Korean company in a trade secret infringement action filed before the U.S. ITC on botulinum toxin technology
Conducted discovery work for a defendant Korean pharmaceutical company in an ANDA lawsuit filed before the US District Court for the District of New Jersey
Conducted discovery work for a defendant Korean company in patent infringement actions filed before the US ITC and the US District Court for the Central District of California related to polyimide film technology
Conducted discovery work for a defendant Korean company in patent infringement actions filed before the U.S. ITC and the US District Court for the District of Oregon related to semiconductor inspection equipment
Conducted discovery work for a defendant Korean company in patent infringement actions filed before the US District Court for the Western District of Texas related to abrasive for semiconductor equipment
Conducted discovery work for a defendant Korean company in patent infringement action filed before the US District Court for the Northern District of California related to PMIC chip technology
Conducted discovery work for a defendant Korean company in patent infringement suit action before the US District Court for the Northern District of Texas related to computer graphics technology
Conducted discovery work for a defendant Korean company in patent infringement actions filed before the US District Court for the District of Delaware and US District Court for the District of Nevada related to touchscreen sensor technology
Conducted discovery work for a defendant Korean company in patent infringement action filed before the US District Court for the Northern District of California related to wireless communication network system
Conducted discovery work for a defendant Korean company in patent infringement actions filed before the US ITC and the US District Court for the Eastern District of Texas related to home appliances, mobile phones, LCDs, and others
Conducted discovery work for a defendant Korean company in a civil action filed by Facebook before the US District Court for the Northern District of California for violating data use agreement
Conducted discovery work for a defendant Korean company in patent infringement action filed before US District Court for the District of Alabama related to automobile airbag technology
Conducted discovery work Discovery for a defendant Korean company in patent infringement action filed before US District Court for the Eastern District of Michigan related to car brake system
Conducted discovery work for a defendant Korean company in patent infringement action filed before US District Court for the Eastern District of Michigan related to the automobile rear-view system
Conducted discovery work for a defendant Korean Company in patent infringement action filed before the U.S. District Court for the Eastern District of Virginia related to tire cord technology
Conducted discovery work for a defendant Korean company in patent infringement action filed before the US District Court for the Northern District of Texas related to weather radar technology
Conducted discovery work for a defendant Korean company in patent infringement action filed before the US District Court for the Eastern District of Michigan related to packaging container technology
Conducted discovery work for a defendant Korean Company in patent infringement actions filed before the US ITC and the US District Court for the Northern District of Ohio related to welding rod technology
Conducted discovery work for the Korean government in an investor-state arbitration worth about 870 billion KRW filed by an American investment management firm Elliott Associates, L.P.
Conducted discovery work for the Korean government in an investor-state arbitration worth about 230 billion KRW filed by an American investment management firm Mason Capital L.P.
Conducted discovery work for the Korean government in an investor-state arbitration worth about 2.37 trillion KRW filed by an American real estate developer company Gale Investments Company LLC
Conducted discovery work for a Korean company in voluntary arbitration between the Korean company and an Oman company related to a construction project in Middle East area worth about 60 billion KRW
Conducted discovery work for a Korean company in ICC Arbitration between the Korean company and a French company related to nuclear power plant
Conducted discovery work for a Korean construction company in ICC arbitration between the Korean construction company and UAE construction company related to evaporator technology
Conducted discovery work for a Korean company in ICC arbitration between the Korean company and a French company related to the dredging work of the Busan New Port Construction Project
Conducted discovery work for the Korean government in ICC arbitration between the Korean government and a joint venture company L established in Bermuda related to distribution of dividends and payment guarantees
Conducted discovery work for a Korean steel manufacturing company in SIAC arbitration between the Korean company and a Norwegian company for violation of maritime transport contract worth about 20 billion KRW
Conducted discovery work for a Korean company in voluntary arbitration between the Korean company and a Canadian company related to insurance claims worth about 60 billion KRW
Conducted discovery work for a Korean company in LCIA Arbitration between the Korean company and a global investment firm related to stocks and securities
Conducted discovery work for a Korean Company in Stockholm Chamber of Commerce (SCC) Arbitration between the Korean company and a Russian company related to construction material supply contract
Conducted discovery work for a Korean company in US AAA Arbitration between the Korean company and a Brazilian company related to goods purchase agreement
Conducted discovery work for a Korean company in ICC arbitration between the Korean company and a US company related to termination of electronic equipment store franchising contract
Conducted discovery work for a Korean company in KCAB arbitration between the Korean company and a Japanese company related to turbine supply contract worth about 300 billion KRW
Conducted discovery work for a Korean company in ICC arbitration between the Korean company and a Japanese company related to pharmaceutical license agreement worth about 30 billion KRW

Counseling on Establishing Document Management System

Diagnosis and establishment of document management system and training of executives and employees to prepare for potential US patent litigations for leading Korean companies
Diagnosis of the risk of trade secrets misappropriation and advise on establishing document management system for Korean conglomerates and companies
Inspection of information protection system for leading Korean companies and advise on improvement thereof