Publications October 18, 2021

Andrew Stafford QC and James Chapman-Booth: The English Tort of Conversion is Falling Behind the Digital Age

Though much of English law has developed to adapt to the rise of digital assets, the tort of conversion has not followed, depriving claimants of a tool to recoup losses from third parties. Kobre & Kim’s Andrew Stafford QC and James Chapman-Booth explained the shortfall in an article for New Law Journal

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Client Alert October 15, 2021

Traders Should Stop Running from Risk in CFTC Investigations

  • The U.S. Commodity Futures Trading Commission (CFTC) has quietly increased scrutiny of digital currency markets, focusing on spoofing.
  • Successful traders normally do not run from risk in their trading activities, yet they often do exactly that in the face of unfamiliar regulatory risks, leading to worse outcomes.
  • Targets of regulatory enforcement should therefore consider a range of aggressive measures before responding to inquiries from enforcement authorities.

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Publications October 8, 2021

Adriana Riviere-Badell and Alexandria Swette Explore the Future of Telehealth Payment Parity in Law360

The pandemic has led U.S. federal and state governments to increase telehealth services' accessibility and economic feasibility, including through payment parity. However, the long-term durability of parity remains uncertain, and increased enforcement against telehealth fraud has fueled further uncertainty for providers and patients, Kobre & Kim's Adriana Riviere-Badell and Alexandria Swette wrote in Law360.

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Publications October 6, 2021

Benjamin Sirota on Jonathan Kanter's Nomination to Head DOJ Antitrust Division in CQ Roll Call

Jonathan Kanter, the nominee to head the U.S. Department of Justice's Antitrust Division, is set to face his Senate nomination hearing. Kobre & Kim's Benjamin Sirota, a former federal prosecutor in the division, shared his thoughts with CQ Roll Call on Mr. Kanter's potential tenure.

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Publications October 6, 2021

Andrew Stafford QC and Evelyn Sheehan Ask “Who Owns a Bribe?” in ICLG Expert Analysis Chapter

A typical instance of bribery occurs when an officer of a company bribes an official or politician. But who is the victim here – the company, whose assets were misappropriated, or the state, whose official abused his power? In English common law jurisdictions, the answer decides who receives any recovered assets, as Kobre & Kim’s Andrew Stafford QC and Evelyn Sheehan wrote in an analysis for International Comparative Legal Guides’ “Business Crime 2022.”

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Publications September 30, 2021

John Han Discusses APAC Non-Performing Loans in Global NPL Conference Virtual Panel

Moody’s estimates that non-performing loans (NPLs) across 14 APAC economies will double by 2022, including in China and India. What opportunities does this present to investors? Kobre & Kim’s John Han, who focuses on distressed debt in Asia Pacific, will discuss during a virtual panel at the 3rd Global NPL Conference at 10:30 am Berlin time / 9:30 am London time / 4:30 pm Hong Kong time, October 5, 2021.

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Publications September 29, 2021

William McGovern Talks to Foreign Policy on Meng Wanzhou Deferred Prosecution Agreement with DOJ

With the signing of a deferred prosecution agreement with the U.S. Department of Justice, Huawei CFO Meng Wanzhou was able to leave Canada, where she was held pending extradition to the United States. Kobre & Kim’s William McGovern, a former prosecutor focused on government enforcement matters with a nexus to Asia, offered his analysis of the case when he sat down with Foreign Policy.

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Publications September 27, 2021

John Han Discusses Recovery for Evergrande’s Offshore Noteholders with Financial Times

Chinese property giant Evergrande Group’s possible default, with its US $300 billion worth of liabilities and missed interest payment on one of its US-dollar bonds on September 23, has shaken global financial markets. Kobre & Kim’s John Han, who focuses on the monetization of distressed debt in Greater China, diagnosed the prospects for offshore investors when he spoke with the Financial Times.

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Publications September 21, 2021

Benjamin Sauter to Compliance Week: SEC is “Trying to Send a Message” in Opposing Coinbase’s Lend Program

Despite engaging with the U.S. Securities and Exchange Commission (SEC) before launching its stablecoin lending platform, Coinbase abandoned the project when faced with the agency’s unexpectedly negative reaction. Kobre & Kim’s Benjamin Sauter, who represents clients in the cryptocurrency industry against government enforcement actions, offered his thoughts on the case when he sat down with Compliance Week.

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Publications September 20, 2021

Timothy de Swardt and Merrick Watson, in Collaboration with Kalo Advisors, on Recovering Stolen Cryptocurrency in the BVI

Though cryptocurrencies and other digital assets have soared in popularity, the lack of mature regulation and surge of unsophisticated investors have led to a corresponding rise in fraud. However, as Kobre & Kim’s Timothy de Swardt and Merrick Watson wrote in collaboration with Kalo’s James Drury, there are many tools available, especially in the British Virgin Islands (BVI) where many crypto firms and exchanges are based, that enhance the prospect of recovery.

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Publications September 15, 2021

Evelyn Sheehan Speaks for Client in Federal Sentencing as Fraudster Sentenced to 13 Years Imprisonment for “Brazen Cynical Endeavor”

A Florida federal judge has sentenced Benjamin Forrest McConley to 13 years in prison for defrauding film and theater investors and producers out of millions of dollars. Kobre & Kim’s Evelyn Sheehan, who represents one of the victims and whose team brought the case to the U.S. Department of Justice, spoke to the court in comments later quoted in Law360.

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Publications September 15, 2021

Benjamin Sauter on SEC’s Aggressive Response to Coinbase’s Lend Program

The U.S. Securities and Exchange Commission’s (SEC) aggressive response to Coinbase’s proposed digital currency lending program has sparked criticism over its use of enforcement, rather than public notice and rulemaking, to engage with the crypto industry, including from Kobre & Kim’s Benjamin Sauter when he spoke with Law360.

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Client Alert September 15, 2021

Minority Shareholders Gain Tools Against Corporate Abuse in Korea

  • Minority shareholders of South Korean industrial conglomerates, or “chaebols,” have had few ways to protect their interests against controlling shareholders.
  • However, with the passage of new amendments to the Korea Commercial Code (KCC), minority shareholders have gained new tools to even the playing field.
  • Our Claim Monetization and Dilution team looks at the key changes and implications that minority shareholders and activist investors should know about.

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Publications September 14, 2021

Jason Kang on What Next for Suning.com Founder Zhang Jindong’s Debt Troubles

Zhang Jindong, billionaire founder of Chinese retailer Suning.com, is struggling to delay repayment of a US $600 million bond, even after a US $1.4 billion rescue plan led by the Jiangsu provincial government. Kobre & Kim’s Jason Kang, who focuses on claim monetization efforts in China, told the South China Morning Post what international investors will be keeping an eye on.

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Publications September 8, 2021

Adriana Riviere-Badell and Alexandria Swette Examine Digital Health Regulation in Law360

The pandemic has accelerated the use of telehealth and digital health care services, attracting increased regulatory scrutiny and enforcement activity. However, the sector faces an uncertain, complex and still developing patchwork of laws and regulations in the U.S. and around the world. Kobre & Kim’s Adriana Riviere-Badell and Alexandria Swette, both of whom have deep experience in health fraud, survey the legal landscape in an article for Law360.

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