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Overview
Yoon & Yang’s Management Control Dispute Practice Group provides comprehensive legal advisory services on management control disputes between shareholders of both public and private companies. We provide analyses of stability or issues of current corporate governance, strategic planning to defend or secure management control, proxy contest, and operation of the board of directors and shareholders meetings. The Group also represents shareholders in various management control disputes, including those to obtain preliminary injunction for repeal of resolutions rendered in shareholders meetings or by the board of directors, suspension of directors’ and auditors’ power, nullification of issuance of new shares, and exercise of voting rights.
Our Group is committed to providing complete and comprehensive consulting and legal services to clients with substantial experience in defending and securing management control. We select and assign attorneys from our Group who would be best matched to the needs of each client in order to maximize compatibility and thereby increase the efficiency and effectiveness of the legal services provided.
Also, in cases where acquisition financing is necessary to defend and secure management control, we form a special task force composed of experts from each relevant area, including capital markets, M&A, antitrust, and taxation, to assist our clients in the most efficient manner possible.
Our Group is committed to providing complete and comprehensive consulting and legal services to clients with substantial experience in defending and securing management control. We select and assign attorneys from our Group who would be best matched to the needs of each client in order to maximize compatibility and thereby increase the efficiency and effectiveness of the legal services provided.
Also, in cases where acquisition financing is necessary to defend and secure management control, we form a special task force composed of experts from each relevant area, including capital markets, M&A, antitrust, and taxation, to assist our clients in the most efficient manner possible.
Key Services
• Investigation of current corporate governance
• Analysis of stability and on-going issues of management control based on the investigation of current corporate governance
• Strategic planning to defend or secure management control
• Legal consultation on appropriate share ownership disclosure for public companies
• Proposing strategic measures to secure favorable shares
• Proposing plans for the operation of the board of directors and shareholders meetings
• Attending the board of directors or shareholders meetings and providing on-site legal advice
• Representing clients in preliminary injunction proceedings to repeal resolutions rendered in shareholders meetings or by the board of directors
• Obtaining preliminary injunctions for suspension of directors’ and auditors’ power
• Obtaining preliminary injunctions against exercise of voting rights
• Obtain preliminary injunctions for nullification of issuance of new shares
• Proposing financial measures to procure capital necessary for hostile takeovers
• Legal consultation on issues related to antitrust regulations, capital markets regulations, and tax laws arising out of management control disputes
Representative Cases
• Legal consultation on E-Land’s attempted hostile M&A takeover of Savezone I&C Corp
• Legal consultation on KUM YOUNG CO., LTD.’s attempted hostile M&A takeover of Finedigital Inc. for management control
• Defense for hostile M&A takeover of Finetex EnE, Inc., a KOSDAQ-listed company
• Defense for hostile M&A takeover of CMS, a KOSDAQ-listed company
• Defense for hostile M&A takeover of HiSmarTech Co., Ltd., a KOSDAQ-listed company
• Legal consultation on devising strategies to defend against hostile M&A takeover of Hyundai Merchant Marine Co., Ltd.
• Legal consultation on devising strategies to defend management control of SK Holdings Co., Ltd.
• Legal consultation on devising strategies to defend management control of Hanil Cement Co., Ltd.
• Legal consultation on devising strategies for hostile M&A takeover of KT&G Corporation through a tender offer
• Defense for hostile M&A takeover of Chungcheong Media Broadcasting
• Defense for hostile M&A takeover of Ildong Pharmaceutical Co., Ltd.
• Defense for hostile M&A takeover of Codes Combine Co., Ltd.
• Legal consultation on devising strategies for hostile M&A takeover of a public corporation through a tender offer
• Legal consultation regarding the dispute over management control to Asiana Airlines, Inc. between Kumho Petrochemical Co., Ltd. and Kumho Industrial Co., Ltd.
• Attending shareholders meetings and providing legal advisory services regarding the dispute over management control for Hyundai Elevator Co., Ltd. between Hyundai Group and Schindler
• Legal consultation on KUM YOUNG CO., LTD.’s attempted hostile M&A takeover of Finedigital Inc. for management control
• Defense for hostile M&A takeover of Finetex EnE, Inc., a KOSDAQ-listed company
• Defense for hostile M&A takeover of CMS, a KOSDAQ-listed company
• Defense for hostile M&A takeover of HiSmarTech Co., Ltd., a KOSDAQ-listed company
• Legal consultation on devising strategies to defend against hostile M&A takeover of Hyundai Merchant Marine Co., Ltd.
• Legal consultation on devising strategies to defend management control of SK Holdings Co., Ltd.
• Legal consultation on devising strategies to defend management control of Hanil Cement Co., Ltd.
• Legal consultation on devising strategies for hostile M&A takeover of KT&G Corporation through a tender offer
• Defense for hostile M&A takeover of Chungcheong Media Broadcasting
• Defense for hostile M&A takeover of Ildong Pharmaceutical Co., Ltd.
• Defense for hostile M&A takeover of Codes Combine Co., Ltd.
• Legal consultation on devising strategies for hostile M&A takeover of a public corporation through a tender offer
• Legal consultation regarding the dispute over management control to Asiana Airlines, Inc. between Kumho Petrochemical Co., Ltd. and Kumho Industrial Co., Ltd.
• Attending shareholders meetings and providing legal advisory services regarding the dispute over management control for Hyundai Elevator Co., Ltd. between Hyundai Group and Schindler
