David Farkas, David Lee Highlighted for Asiana Airlines Representation

David Farkas and David Lee were highlighted for their work on behalf of Asiana Airlines in a Law360 story covering recent developments in the case. (subscription required).

The article takes a look at court proceedings in the Gate Gourmet Korea Co. Ltd. v. Asiana Airlines Inc. matter – which centers on a disputed contract that Asiana contends was part of a larger plan to enrich its former CEO, Park Sam-koo, and was only executed after a bribe was directed to him. Mr. Sam-koo was jailed for embezzlement in 2022.

Law360 notes that in its filings, Asiana Airlines stated, “The record here establishes that adjudged, criminal activity related to various financial and contractual dealings caused Asiana to be an unwitting party to a catering agreement ...[that] weaponized to Asiana's (and the Korean government's) grave financial loss…In this country [the U.S], there are numerous federal laws covering this type of criminal misconduct, as well as state laws governing corporate fiduciary duties and breaches thereof, which evince public policies in obvious conflict with recognizing the award."

Speaking to Law360 regarding an earlier ruling by a South Korean court on the matter, David Farkas said, “The South Korean court's decision was issued based on Korean law, while the petition in the U.S. proceedings must be resolved under U.S. law, which Asiana has argued in its opposition supports the court concluding that the award should not be recognized or enforced in the U.S.”