Publications September 26, 2022

Evelyn Sheehan Quoted in Citywealth Magazine: “Latin American Money: Moving Locations, Where and Why”

The COVID-19 pandemic has pushed ultra-high net worth individuals (UHNWIs) to restructure their finances and relocate investments out of Latin American countries. Citywealth interviewed Latin America experts to understand the reasons behind this movement.

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Publications September 8, 2022

Evelyn Sheehan Spotlighted in Private Client Global Elite Magazine “The Month”

From her proudest professional moments and her advice to trainees to the most significant trend in her practice, Kobre & Kim’s Evelyn Sheehan shared her insight in the latest edition of Private Client Global Elite’s magazine “The Month.”

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Publications August 31, 2022

Gabriela Ruiz, Scott Nielson and Carolina Leung Unpack Recognizing and Enforcing Foreign Judgments in Brazil for Lexology

Latin America’s recent economic boom has led many to proclaim it “inevitable” that Brazil becomes a center of international disputes. Kobre & Kim’s São Paulo-based lawyers Gabriela Ruiz, Scott Nielson and Carolina Leung explain in a chapter for Lexology’s “Enforcement of Foreign Judgments 2022” the ins-and-outs of gaining recognition and enforcement of foreign judgments in Brazil.

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Client Alert August 31, 2022

Enforcing Minority Shareholder Rights in Asia: A Comparative Guide to Derivative Actions

  • Minority shareholders may be surprised to learn that they have effective options when a director or other fiduciary has harmed the company.
  • However, the situation may be complicated when structures cross borders, as many corporate structures in Asia do, including spreading offshore.
  • Our Claim Monetization team explores how shareholders can deploy derivative actions in five key jurisdictions across Asia Pacific, the UK and the Caribbean as part of an effective cross-border strategy.

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Publications August 30, 2022

Kobre & Kim Discusses 1782 discovery in Brazilian Proceedings: Consultor Juridico

For litigants in Brazil, the broad scope of U.S. discovery may come as surprise. Even though the U.S. Supreme Court recently foreclosed Section 1782 discovery when the sole foreign proceeding involved is a private international arbitration, the parties in Brazilian proceedings can still leverage this instrument, as Gabriela Ruiz, Martin De Luca and Scott Nielson explain in an article for Brazilian legal publication Consultor Juridico.

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Publications August 22, 2022

Benjamin Sirota Discusses Recent Changes in U.S. Department of Justice's Antitrust Division with National Law Journal

The U.S. Department of Justice’s (DOJ) Antitrust Division has been direct about decreasing the number of meetings between defense counsel, supervisors and front office officials to press against the client's indictment. This change, which is a continuation of a policy instituted during the Trump administration, aligns the antitrust division with the practice of other DOJ divisions, said Kobre & Kim’s Benjamin Sirota, a former prosecutor at the DOJ Antitrust Division, for the National Law Journal.

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Publications August 15, 2022

Daniel Saval to The Deal: Why More Crypto Companies May File for Bankruptcy

The contagion of collapsing cryptocurrency companies – from Three Arrows Capital to Voyager Digital and Celsius Network – in recent months may not be over yet. Kobre & Kim’s Daniel Saval, who regularly represents crypto industry stakeholders in complex cross-border insolvency disputes, sat down with The Deal to answer why bankruptcies are likely to continue.

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Publications August 3, 2022

Daniel Saval Discusses Recovery for Customers in Voyager and Celsius Crypto Bankruptcies with Yahoo Finance

Recent letters filed in court from customers in the bankruptcy cases of cryptocurrency platforms Voyager Digital and Celsius Network reveal the extent of the potential financial ruin faced by customers after those companies halted withdrawals. Kobre & Kim’s Daniel Saval with Yahoo Finance discussed the challenges ahead for the customers-turned-creditors as they seek to recover their assets.

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Publications August 3, 2022

Daniel Saval, Andrew Stafford KC, Evelyn Sheehan, Amanda Tuminelli and Timothy de Swardt Explore Crypto Recovery from Insolvent Companies

Daniel Saval, Andrew Stafford KC, Evelyn Sheehan, Amanda Tuminelli and Timothy de Swardt wrote in Forkast about how recovering crypto assets from insolvent companies may be easier than one might think.

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Publications July 29, 2022

Benjamin Sirota Discusses the Expanding Scope of Antitrust Enforcement with The Hollywood Reporter

Historically, federal antitrust enforcement has typically been considered through the lens of consumers, but that is beginning to change as antitrust regulators focus on labor dynamics as well. Kobre & Kim’s Benjamin Sirota, a former prosecutor at the U.S. Department of Justice’s (DOJ) antitrust division, commented to The Hollywood Reporter.

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Publications July 29, 2022

Benjamin Sirota Speaks with the National Law Journal on Developments in Antitrust Enforcement

Kobre & Kim’s Benjamin Sirota, a former U.S. Department of Justice (DOJ) antitrust prosecutor, explained the relevance of an August 2022 DOJ trial to block the proposed merger of Penguin Random House and Simon & Schuster to the National Law Journal.

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Client Alert July 26, 2022

PRC Continues to Open Up in Recognizing Foreign Claims

  • A Chinese court recently recognized a commercial judgment issued by the English High Court in a landmark judgment.
  • China has also made it easier for Hong Kong arbitrations to be recognized and enforced in China, as well as opening the door to interim measures.
  • Our Claim Monetization team analyzes what these developments mean to foreign judgment and award creditors looking for opportunities in a historically tricky jurisdiction.

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Client Alert July 26, 2022

Enforcing Minority Shareholder Rights in Asia: A Comparative Guide to Unfair Prejudice

  • Minority shareholders may have certain remedies available when they feel their rights have been unfairly prejudiced by the majority.
  • However, the situation may be complicated when structures cross borders – typical corporate structures in Asia may spread across offshore and other key regions.
  • Our Claim Monetization team lays out the basic parameters of the tools open to minority shareholders across five key jurisdictions.

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Publications July 22, 2022

Jason Kang, Jian Wu and Chang Liu Share Creative Monetization Strategies of Chinese Issuer USD Bonds with JunHe

Many major Chinese enterprises have been issuing bonds in US dollars in the offshore bond market. While debtors are often able to discriminate against foreign bond holders, rising investor activism has increased the need for creative monetization strategies to generate value even from the most recalcitrant debtors. In a Chinese article, Kobre & Kim’s Shanghai-based Jason Kang, Jian Wu and Chang Liu write in collaboration with Chinese law firm JunHe about how these strategies have led to success on the ground.

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Publications July 21, 2022

Jason Kang Speaks with South China Morning Post on US $255 Million Chinese Debt Enforcement Win

In a victory for creditors represented by Kobre & Kim, the Hong Kong High Court found Steven Zhang, president of Inter Milan and son of the founder of Chinese e-commerce retailer Suning, liable for US $255 million in a landmark verdict. Kobre & Kim’s Jason Kang, who argued the case with Francesca Ip, commented to South China Morning Post (SCMP) about the judgment.

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