Online ADR Resume Ryul Kim, Esq. Mediator. Arbitrator. Discovery Referee Special Master www.ryulkim.com 김률변호사(조정.중재인) 20% or more of civil cases filings in Southern California courts have some Korean elements, including Korean parties, Korean legal issues or business customs, which could affect the outcome of a case. Practitioners of American law often fail to realize the significance of these elements RYUL KIM, ESQ. has practiced as a general civil practitioner and corporate general counsel with specialty in US- Korea legal matters in California since 1984. He has served as advocate, expert witness, arbitrator, and mediator for legal disputes valued from a few thousand dollars, to 9 figures. He has helped numerous U.S. and Korean clients ranging from individuals, companies and churches. His assistance has helped to avoid litigation and amicably settle a wide range of matters involving employment, leasing, partnership, franchise, intellectual property, non- competition, investment, and tort issues.
He has also spoken and written to lawyers, judges and the general public in Korean and English on a wide variety of legal topics with U.S. and Korea cross- border implications, including ADR and discovery issues. Not only is he an arbitrator and mediator for ADR Services, Inc. and the Orange County Superior Court, but he also teaches ADR ( Alternative Dispute Resolution ) classes and Mediation Clinic courses at Trinity Law School. General Civil Practice From 1984 through 1994, Mr. Kim handled various legal matters including employment, torts, collection, contracts and maritime cases as a general civil practitioner in California. Specifically, he reviewed, drafted and negotiated several thousand commercial leases and, furthermore, litigated and settled numerous lease disputes. Corporate General Counsel From 1995 through 2000, Mr. Kim served as General Counsel and Corporate Vice- President of a high- tech company, a maker of high- performance computer systems and monitors, based in California. The company managed multiple operations out of state and abroad with annual gross sales of $500- million with several hundred employees. Transactional Matters: Mr. Kim has handled premise and equipment lease, buy- sell agreements, joint venture, international bills of lading, letters of credit and corporate and compliance matters. Mr. Kim worked closely with the managerial teams and helped the company to enhance its management and corporate structures, and established its legal department and procedures in preparation for both I.S.O. ( International Organization for Standardization ) and I.P.O. ( Initial Public Offering ). Mr. Kim conducted the due diligence and the contract negotiations, and closed the purchase of an 182,000- square- foot manufacturing building in California, among other real estate properties. Intellectual Property Management: As the company's chief legal officer, Mr. Kim was in charge of the company's litigation matters, including protection and enforcement of intellectual property rights. He drafted, negotiated and reviewed the company's software and hardware-
licensing agreements, technology transfer arrangements, and other intellectual property- related contracts and litigation. Mr. Kim also worked closely with engineers and independent counsels for trademark and patent applications. Human Resources: Mr. Kim held overall responsibility of employment matters directly managing the Human Resources Department, including the employee handbook, wages, overtime, benefits, discrimination and sexual harassment. Among other things, Mr. Kim conducted investigations of sexual harassment and embezzlement, oversaw confidentiality agreements, employment contracts with key executives, and independent contractor agreements. Litigation Management: Additionally, Mr. Kim managed independent law firms (including foreign counsels in Brazil, Mexico, Korea and US- based firms in California, Florida and New York) on international and domestic legal disputes, including cross- border insolvency, competition and white- collar crimes. He actively handled dispositions of multi- jurisdiction litigation matters. Areas of Mediation and Arbitration Practice Mr. Kim is available to mediate or arbitrate disputes involving: Employment: including Wage & Hour and Sexual Harassment Business: including contract, joint venture and investment Commercial and Residential Leases Intellectual property: including trademark, copyright and patent dispute Non- Competition Mediator/Arbitrator Qualifications California Superior Court, Orange and San Diego County, Mediator Orange County Human Relations Council, Mediator
The State Bar of California Mandatory Fee Arbitration, Arbitrator Los Angeles County Bar Association, Attorney- Client Mediation and Arbitration, Arbitrator and Mediator Korean Commercial Arbitration Board, International Panel Neutral International Court of Arbitration (International Chamber of Commerce), Arbitrator, Mediator and Expert Advanced Mediation Training (2009 and 2012) Peacemaker Ministry Training (2013) Trinity Law School, Adjunct Professor: Teach ADR class and Mediation Clinic course at O.C. Superior Court and O.C. Human Relation Special Master and Referee Mr. Kim is available to serve as a special master or referee with US- Korea discovery including depositions of Korean witnesses, and disposition of Korean law and business practice in US courts. He has helped US law firms ts in a wide range of US- Korea legal matters as an expert witness or counsel such as: A. Civil Hague Conventions on regarding service of process on Koreans in Korea for U.S. lawsuits Hague Conventions on Evidence in Korea in Aid of U.S. lawsuits Enforcement of US judgment in Korea Enforcement of Korean judgment in U.S. Punitive damages enforceability of U.S. court judgment in Korea Korean national s judgment lien priority in U.S. Tolling Statute of Limitation on Korean Defendants in U.S. Civil Cases Korea cargo subrogation claim in U.S. Enforcement of Korean maritime lien in U.S. Arbitration and Choice of Law regarding U.S. shipper and Korean carrier An interpleader action in U.S. court between U.S. and Korean claimants Special Korean civil procedure for U.S. litigants regarding special bond, attorneys fees, etc U.S. lawyers attorney- client privilege in Korea U.S. defendant s confession of judgment in Korea
Mass tort lawsuits in Korea arising from U.S. products Wrongful death claim of Korean national in U.S. Wrongful death claim of U.S. citizen in Korea B. Criminal White collar crime prosecution in Korea for U.S. victims Extradition of Korean nationals to U.S. Korean Criminal Sentencing Guidance Extradition of U.S. nationals to Korea U.S. Korea Criminal Extradition Treaty Statute of limitation on felony committed by U.S. nationals in Korea Deportation of Korean national from U.S. prison and Korean Mandatory Military Service Exemption Illegality of Korean nationals transfer of money under the Korean Foreign Currency Control Act Mitigation of punishment by Korean criminal court regarding U.S. citizen s criminal acts against Korean victims U.S. FDA and Korean FDA s application to the products imported to the U.S. Criminal fraud and embezzlement by Intra- company transferees in U.S. and Korea (Double Jeopardy) Disclosure of Korean national s Korean bank accounts to U.S. government False invoice by U.S. exporter under Korean Customs regulations Korean investors compliance with the Korean Foreign Currency Control Act investing in closely- held corporation in U.S. C. Inheritance Court- appointed administrator for disposition of Korean national s estate in U.S. U.S. citizens inheritance rights in Korea U.S. Probate Court s Jurisdiction regarding Disposition of U.S. Citizens estate in Korea U.S. estate administrator s authority to dispose U.S. citizen s bank accounts in Korea Korean court jurisdiction in aircraft wrongful death cases Real Name registration regarding naturalized U.S. citizen s right to inheritance and condemnation award U.S. Korean estate planning D. Business / Corporation
Korean Karaoke and Alcohol at Work Shareholder voting agreement between U.S. and Korean shareholders Korean corporate officer s authority to binding contract Golden Parachute for Korean affiliates in U.S. A Korean trade association s legal authority to enter into a contract with a U.S. company Korean business practice regarding tenant s security deposit and goodwill Korean business practice regarding real name transaction Doing business in Korea with U.S. Citizen s Power of Attorney Commission for U.S. medical providers referral U.S. Company s Investment in infrastructure in Korea Illegality of Contract involving U.S. businessman s corrupt acts in Korea U.S. Company s acquisition of Korean company regarding Anti- trust Enforcement of confidentiality agreement between U.S. and Korean parties U.S. company s Korean agent s exclusivity under the Korean anti- trust law U.S. job recruitment agency activities in Korea Korean Corporate culture regarding scope of employment for intra transferees in U.S. Korean Employment practice regarding "at will" for intra transferees in U.S. E. Intellectual Property Korean copyholders right to enforce Korean music in U.S. Korean copyholders right to enforce Korean on- line clip arts in U.S. U.S. company s public notice of trademark infringement U.S. patent s priority in Korea under PTC Assignment of Korean Patents to U.S. Company Korean filmmaker s copyright enforcement in U.S. Parallel Importation of U.S. products into Korea U.S. Insurance Advertising Policy s application to the products made in Korea F. Misc. Income tax treaty between U.S. and Korea Gift Tax on Koreans in U.S. Estate Tax on Koreans in U.S. Korean company s or government
agency s export of U.S. goods to Korea regarding U.S. harbor maintenance fee Korean company s purchase of aircrafts in U.S. regarding export clearance Naturalized U.S. citizen s right for just compensation for condemned property in Korea Korean Bankruptcy trustee s authority in U.S. U.S. lawyers practice of law in Korea U.S. law firm s legal service in U.S. under FTA between U.S. and Korea Collection of U.S. attorney fees owed by Korean clients in Korea Teaching Experience (Past/Present) Trinity Law School, Adjunct Professor: Alternative Dispute Resolution class and Trinity Mediation Clinic courses (present) Founder and Executive Co- Chair for "Korea Law Center", University of California, Irvine, School of Law Special Academic Faculty for "Survey of the U.S. and Korean Law and Legal System", University of California, Irvine, School of Law; "Jurist- in- Residence" University of California, Irvine, School of Law Education Juris Doctorate Degree, 1983: Western State University, College of Law, Fullerton, California Jessup International Moot Court, 1983 Bachelor of Arts in Economics, 1980: University of California, Los Angeles (UCLA) Orange County Bar Association College of Trial Advocacy (Civil), 1990 National Litigation Academy(2003 and 2006) Professional Accomplishments Admitted into the California State Bar, 1984 Admitted into U.S. Court of International Trade, 1985
Professional Associations and Memberships (Former/Present) US- Korea Law Foundation, Chair Orange County Korean- American Bar Association (President; 2005-2006) California State Bar Association Section Executive Committee Member (2001-2002) Orange County Bar Association (Intellectual Property Section, International Law Section) Orange County Trial Lawyers Association Orange County Amicus Publico Los Angeles Bar Association (Intellectual Property / Entertainment Section) American Trial Lawyers Association Los Angeles Trial Lawyers Association California Trial Lawyers Association Korean American Bar Association American Bar Association Transportation Lawyers Association Maritime Law Association of the United States Awards The State Bar of California - Board of Governors Award for Pro Bono Services (1989) The Wiley Manuel Award Recipient for Pro Bono Services (1993) Alliance Defense Fund (Honor Guard) (2005) Languages English and Korean Studied Chinese (Mandarin) and German Publications/Others Author: Laws of Korea, 744 pages in English (2013) Author/Editor in- chief: US- Korea Law Journal (2012, 2013)
Author: Enforcement of Foreign Judgment in Korea", published by California State Bar Association (2000) Co- Author with Hon. Jang Yong- Beum: Enforcement of U.S. Arbitral Award in Korea, published in US- Korea Law Journal (2012) Author: "ADR" - - Alternative Dispute Resolution"; "U.S. Law Story"; "What Should I Know Before I Rent"; "The Korean Law Update"; "Commercial Leasing"; "Debtor's Rights: Exemptions from Enforcement of Judgment"; "The Law & Faith"; "Jus Gentium"; and "Estate Planning for Today and Tomorrow" Jessup International Moot Court, Judge Speaker on various legal matters including History of Korean Constitution, "Working with Korean Clients: The Nuances to Watch"; "U.S. v. Korean Judges"; Think Globally, Practice Locally ; "International Injustice and Good News"; How Much Does Litigation Cost You? ; Korean Law Practice in U.S. ; Alternative Dispute Resolution in U.S. ; Legal Development Affecting the Conduct of US- Korea Business Transactions, etc. \\Server- pc\clients\adr Services, Inc. General. C10009\resume ADR Services 2014.docx