The Overview
Our firm advised a Seoul-based startup, incorporated in Korea by a European entrepreneur, negotiating a long-term consultancy agreement with
its customer, a much larger technology company based in Europe. The draft came
from the customer, a common situation for smaller companies in Korea
working with large overseas customers, and one where the service provider is at
a real disadvantage without independent review by a corporate attorney experienced
in international contracts.
Protecting Key
Personnel
Our client's most valuable asset was its people. Because the
engagement placed the client's AI specialists directly into the customer's
projects, there was a real risk the customer could hire them away. We advised
on two layers of protection: a non-solicitation obligation during the contract
term, and a placement (conversion) fee if the customer engaged the client's
personnel within a defined period after termination.
Why This Matters
Cross-border technology agreements usually arrive drafted by the
larger party's counsel. For companies in Korea serving overseas customers, usually foreign-founded Korean companies and for European and American
businesses engaging Korean AI vendors, independent review by an
English-speaking Korean attorney is what turns boilerplate risk into negotiated
protection.
How We Help
Rockcliffe Law is a Seoul-based Korean law firm assisting startups, tech companies, foreign-owned Korean companies, and international businesses with
cross-border contracts. If you are negotiating any agreement involving a Korean party or vice versa in English, contact us for a consultation.
Based on an actual case handled by our
firm. Details have been generalized to protect client confidentiality. This
page is not legal advice.
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