Timothy B. Yoo

Yoo had a hunch, and he played a long shot. The plaintiff sued his client, Korea's largest entertainment and media conglomerate and its U.S. subsidiary, for copyright infringement, claiming improper distribution in the U.S. of Korean pop songs. The complaint sought more than $50 million and gained a lot of Korean media attention.

Yoo suspected the plaintiff of forum shopping, so he sought dismissal on the seldom-granted ground of forum non conveniens, or inappropriate jurisdiction.

The 9th U.S. Circuit Court of Appeal has called that plea an exceptional tool rarely to be used, but Yoo persuaded client CJ E&M Corp. to try it.

"We were before a judge not afraid to make the tough call," he said, referring to U.S. District Judge Stephen V. Wilson of Los Angeles. Wilson was wary, denying the motion conditionally and requiring Yoo to develop his case.

In subsequent discovery, Yoo found the plaintiff hired litigation counsel first, then at counsel's direction acquired the rights to the pop songs. Yoo uncovered an email in which the plaintiff wrote that he was trying to sue in the U.S. to attain a maximum settlement.

"Everything indicated that this suit was not exactly on the level," Yoo said. "There was not a lot of good faith there."

Wilson agreed, granting Yoo's motion and dismissing the matter in January. DFSB Kollective Co. Ltd. v. CJ E&M Inc., 15-cv-01650 (C.D. Cal., filed March 6, 2015) "I had no evidence at first, I just believed it to be true," Yoo said. "It was a hunch that the facts supported. It was a coup for us, and the client was thrilled."

Yoo has several Pacific Rim clients, including the North American distributor for Hite Brewery Company Ltd. beer and Jinro America Inc. rice spirit soju products. He spends a lot of time on trans-Pacific planes.

The CJ E&M case was close to his heart, he said, because he formerly worked as in-house counsel for the company. "The suit was filed the day after I left the company," he said. "The stars were aligned right for us."

- John Roemer