Publications November 23, 2021

Andrew Stafford QC and Oleg Shaulko in Law360: Where Do The Bounds Of Sovereign Immunity Lie?

Kobre & Kim's London-based lawyers Andrew Stafford and Oleg Shaulko, who focus their practices on cross-border judgment enforcement matters involving sovereign entities, dive into the the issue of sovereign immunity in their article "How Immune are State Agents from Foreign Courts?" published in Law360.

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Publications November 23, 2021

Jason Kang on Asset Recovery in China and Risks for Foreign Investors

Looming defaults of a number of Chinese private companies, including Evergrande and Suning, point to a complicated relationship with offshore creditors that may leave foreign investors without a path to recoup their investments via Chinese courts. In Anastasiia Carrier’s article “Trust Games” in The Wire China, Kobre & Kim’s Jason Kang touches on why offshore creditors face such an uphill battle and hints at possible strategies for recovery.

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Client Alert November 23, 2021

Enforcement in Dubai Just Got Easier

  • The Dubai International Financial Centre (DIFC), a gateway to enforcing judgments in the Middle East, has just seen significant barriers to enforcement removed.
  • Creditors now have a much smoother path to collect on what they are owed both in onshore Dubai and across the region.
  • Our global Claim Monetization & Dilution team unpacks how creditors can save significant time and money.

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Publications November 16, 2021

Andrew Stafford QC on Collecting Investor-State Awards in ICLG

Bilateral investment treaties (BITs) have facilitated global investment, but their value hinges on the ability to collect on a BIT award if anything goes wrong – and when the award debtor is a sovereign state, investors face unique challenges. Kobre & Kim’s Andrew Stafford QC, who has deep experience in international judgment enforcement against sovereign debtors, walk through how creditors can navigate the complexities in a chapter for International Comparative Legal Guides’ “Investor-State Arbitration 2022.”

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Publications November 12, 2021

David McGill and Benjamin Sauter in Law360: Crypto Firms Beware When Approaching U.S. Regulators

With little congressional action, U.S. financial regulators are asserting – sometimes in aggressive fashion – their authorities over the crypto industry. Kobre & Kim’s David McGill and Benjamin Sauter, both of whom regularly defend firms in the digital asset sector from government enforcement, spoke with Law360 about what the industry should expect from regulators.

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Publications November 11, 2021

Polly Wilkins on HNWI Reputation and Crisis Management for Burlingtons Group

Kobre & Kim’s Polly Wilkins, who focuses her practice on reputational issues and crisis management for ultra-high net worth individuals, shared her thoughts for the Burlingtons Group Autumn 2021 Magazine about how quickly negative news coverage can escalate, resulting in compromised international asset structures or even investigations by government authorities. 

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Publications November 9, 2021

Benjamin Sirota on DOJ’s Broad Antitrust Stance Against Penguin and Simon & Schuster Deal

The U.S. Department of Justice’s (DOJ) attempt to stop publisher Penguin Random House’s acquisition of its competitor, Simon & Schuster, advances a legal theory beyond the traditional antitrust standard. Kobre & Kim’s Benjamin Sirota, a former federal antitrust prosecutor, analyzed the lawsuit when he spoke with Bloomberg Law.

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Publications November 4, 2021

CSO Gary Singer Speaks to Reuters on Kobre & Kim’s Young Partnership

People are a law firm’s greatest asset, and the demographic makeup of a firm’s partners reveals something about their business model. Kobre & Kim Chief Strategy Officer Gary Singer sat down with Reuters to discuss what this says about Kobre & Kim.

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Publications November 2, 2021

Benjamin Sirota on the Intersection of Fraud, Antitrust and the Financial Services Industry

The U.S. Department of Justice (DOJ) has historically performed large-scale investigations into unlawful collusion in the financial services industry. In an episode of the “Our Curious Amalgam” podcast hosted by the American Bar Association, Kobre & Kim’s Benjamin Sirota explains how the DOJ’s trajectory of prosecution points to an increasing use of antitrust in financial market matters.

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Publications October 29, 2021

Benjamin Sauter on the Challenges Facing the U.S. Department of Justice’s Cryptocurrency Team

The U.S. Department of Justice (DOJ) has established a new cryptocurrency team, but it faces numerous challenges as it seeks to collaborate with the private sector. Kobre & Kim’s Benjamin Sauter, who defends clients in the cryptocurrency industry against government enforcement actions, explained when he spoke with Global Investigations Review.

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Publications October 29, 2021

Robin Rathmell to Wealth Briefing: The Pandora Papers are Part of a “Dangerous Trend”

The Pandora Papers, which were based on stolen documents provided to journalists who published the private financial affairs of hundreds of people, is part of a “dangerous trend,” Kobre & Kim’s Robin Rathmell told Wealth Briefing.

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Publications October 27, 2021

Benjamin Sirota Examines Possible Antitrust Enforcement Against Amazon by New FTC Chair Lina Khan

With the appointment of legal scholar Lina Khan as chair of the U.S. Federal Trade Commission (FTC), the agency will likely bring antitrust action against Amazon – but how aggressive will it be? Kobre & Kim’s Benjamin Sirota, a former U.S. federal antitrust prosecutor, shared his thoughts when he sat down with Fast Company.

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Publications October 22, 2021

John Han to Reuters: Evergrande’s Eleventh-Hour Payment Only Shows They Are “Not Yet Ready for the House to Come Down”

Though China Evergrande Group, the heavily indebted Chinese real estate developer, made a US $84 million interest payment to its offshore bondholders just shy of the end of a grace period, the move has not allayed investor anxieties. Kobre & Kim’s Hong Kong-based John Han, who focuses on monetization of Greater China-based distressed debt, spoke to Reuters about what the payment means and how it falls short.

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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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