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Saturday, November 25, 2017

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Dharmendra N. Choudhary is a Washington DC based International Trade Attorney and a globally acclaimed surrogate value expert with the law firm of GDLSK LLP.

Success in Anti-dumping Battle

17 August 2016 - 2:15pm

Brighter days are here to stay for CS Wind Corp., a Korean multinational company engaged in the production of wind towers.

On August 12, 2016, the US Court of Appeals for Federal Circuit (CAFC) issued its judgment on an appeal filed by CS Wind Corp. and its wholly owned subsidiary CS Wind Vietnam Co. Ltd. (collectively, CS Wind), against the ruling of the lower Court, the US Court of International Trade, New York (CIT), in connection with the US Department of Commerce’s (DOC) final determination in the Anti-dumping (AD) proceedings on exports of Utility Scale Wind Towers from...

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The recent amended US trade laws are threatening South Korean exporters to the United States.

Threat to Korean Exporters

11 May 2016 - 3:30pm

South Korean exporters to USA face a looming threat from recent amendments to US trade laws, i.e. Trade Preferences Extension Act of June 2015 and Trade Facilitation and Trade Enforcement Act of February 2016, which arm the Department of Commerce (“Commerce”), International Trade Commission (“ITC”) and Customs and Border Protection (“Customs”) with a set of new tools to counter alleged dumping and subsidies. There is a concern that US domestic manufacturing industry shall be using these tools to unfairly impede the free and fair exports from South Korea, which would harm the South Korean...

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The Question for Entrepreneurs

31 July 2015 - 6:15pm

For many entrepreneurs seeking to develop and grow the next disruptive technology, accessing venture capital (VC) is a very alluring and seemingly inevitable step on the yellow brick road to fame and fortune.  But the VC fund-raising process is complex, frequently painful, and not for everyone. For those who are considering the VC funding route, an understanding of the venture capitalist’s goals, motivations, and operating history, juxtaposed against the startup’s own operating outlook, is a critical prerequisite.

It is essential for entrepreneurs to understand that the vast...

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Syndicated Korea

18 June 2015 - 6:15pm

Korean multinational corporations have reached a level of global prominence that positions them well as pacesetters for the future of business. Yet we find that often Korean companies have tremendous trouble attracting and retaining the best global talent. Although the best and the brightest can be recruited to work at Korean firms, often their loyalty is not much deeper than the competitiveness of their compensation package.

Having spoken with many internationals who work at Korean multinationals, I can say with certainty that the essential problem that they encounter is clear....

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Venture Capital

8 May 2015 - 6:30pm

2015 has more in common with the late 1990s than just a Star Wars franchise re-launch and a Clinton on the campaign trail. In the world of global high-tech these days, they are partying like it’s 1999, a year in which “dot com” mania reached a fever pitch in Silicon Valley.  According to a recent article in Forbes, more than 80 tech startups can now be considered “unicorns,” the nickname given to startups which attain an enterprise valuation of greater than US$1 billion.  Companies like Uber and Snapchat are considered “deca-corns,” with valuations well north of US$10 billion. Korean...

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Heather Cho, former vice president of Korean Air, during her apology in December 2014.

Nepotism in South Korea

14 January 2015 - 1:40pm

The Korean Air scandal in which Heather Cho, a vice president of the airline and daughter of its chairman, lambasted a crew member for incorrectly serving macadamia nuts not according to manual, and then had the crew member removed from the flight has put the spotlight back on nepotism in corporate South Korea.

The farce has come under heavy scrutiny and public outcry in the country. Since news first broke, the young vice president has rightly stepped down from her position. There really was no other option for her. The scandal has now progressed, and Heather Cho has been arrested...

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Intellectual Property Framework

4 December 2014 - 6:00pm

On July 20, 2011, the Intellectual Property Framework Act (IPFA) became effective in Korea, focusing government support for the creation, protection, utilization, and infrastructure of intellectual property (IP) in relation to technology and industry development. This is currently one of the top economic policy agendas of the Korean government.

It was my good fortune to have been deeply involved in the enactment and implementation of the IPFA. Since July 2011 I have worked as a member of the Presidential Intellectual Property Council (PIPC), the highest-level government organization...

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The heart of the Gangnam district of Seoul. (Photo by Leeyan Kym N. Fontano via Wikimedia Commons)

Private Equity

17 November 2014 - 6:21pm

The author F. Scott Fitzgerald once famously remarked that “there are no second acts in (American) life.” Korean investors are hoping that a second act is available for private equity (PE), the much-maligned and often misunderstood alternative investment class that has generated scorn, controversy and revulsion from the Korean public since its public introduction in 2004. Despite PE’s generally impressive track record, Korean public discontent with the alleged missteps and misconduct associated with Lone Star Funds’ acquisition of a controlling interest in Korea Exchange Bank has continued...

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The Dosan Seowon, or Cofucian academy, was established in 1574 in Andong, South Korea, in memory of Confucian scholar Yi Hwang, by some of his disciples and other Confucian authorities. (Photo by Steve46814 via Wikimedia Commons)

Look to the Past

5 November 2014 - 6:39pm

As Korean and Chinese economic exchange becomes more extensive, it is essential that a broader range of cultural and educational programs for collaboration be established that assure a broad range of interaction between individuals and smaller organizations, creating a tightly-knit fabric of ties that will bind the two countries together.

Such exchanges must be carefully organized and should focus on long-term projects. Sadly, many exchanges between Korean and Chinese scholars or government officials are limited to formal meetings or dinners and carry no assurance of long-term...

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Legal Warning

5 November 2014 - 6:19pm

What do the following scenarios have in common?

A Korean subsidiary of a foreign telecommunications company receives faulty equipment from a customer in Korea. It sends the faulty equipment to its repair facility in Japan to be repaired and then returned to the customer in Korea. The company fails to report the shipping of that broken equipment to any Korean government authorities.

Another Korean subsidiary conducts a variety of business transactions with its foreign parent company and sister company. No cash is exchanged. The companies set off their payables and receivables...

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