Insights | Kobre & Kim — Disputes and Investigations

Client Alert May 28, 2026

Navigating Cross-Border Risk in Extractive Industries Amid Evolving Global Pressures

Growing resource nationalism, regulatory intervention and geopolitical competition are increasing cross-border risks for investors in extractive industries worldwide.
As governments seek greater control over strategic resources and disputes involving state-affiliated entities become more common, investors face rising exposure to overlapping regulations, multi-jurisdictional enforcement challenges, and politically driven disputes requiring coordinated cross-border strategies.

Publications May 26, 2026

Ana Frischtak and Sergio Aguiar Discuss SEC Disclosure Changes Reshaping Expectations for Brazilian Issuers in Valor Econômico

Kobre & Kim's Ana Frischtak and Sergio Aguiar examine the U.S. Securities and Exchange Commission’s enhanced disclosure requirements for directors and officers of foreign issuers listed in the United States in a recent article for Brazil's Valor Econômico.

Client Alert May 21, 2026

China’s New Supply Chain Regime Redraws Cross-Border Risk Lines

China’s new supply chain security rules are increasing cross-border risk for multinational companies by creating potential “legal collisions” between Chinese regulations and competing U.S., UK, and EU compliance obligations.
As governments increasingly use legal frameworks to advance geopolitical objectives, companies face growing exposure to overlapping enforcement regimes, retaliatory measures, and parallel disputes arising from supply chain, sanctions, and regulatory compliance decisions.

Client Alert May 14, 2026

U.S. Court Denies Chapter 15 Recognition of Russian Bankruptcy Proceedings Against U.S.-Based Individual

A Massachusetts bankruptcy court denied Chapter 15 recognition of Russian insolvency proceedings against a U.S.-based individual represented by Kobre & Kim, underscoring that recognition is not automatic and depends on strict satisfaction of statutory requirements.
The decision highlights the limits of Chapter 15 relief, particularly where an individual has established ties to the U.S., offering practical guidance for both those resisting and pursuing cross-border insolvency recognition.

Client Alert May 12, 2026

Indian Court Freezes Chairman’s Assets in Enforcement of New York Contempt Judgment Related to High Yield Bond Default

A recent Bombay High Court decision freezing US $188M of Rolta India’s Chairman in support of a New York contempt judgment underscores how courts may act quickly to preserve assets in cross-border enforcement matters, particularly where there are allegations of deliberate obstruction.
Hong Kong-based Pinpoint Multi Strategy Master Fund was represented by Kobre & Kim as global counsel.

Client Alert April 30, 2026

Managing Indirect Exposure Risks in a Shifting Global Sanctions Landscape

Geopolitical tensions are intensifying global sanctions enforcement, with regulators increasingly targeting indirect exposure through complex cross-border networks.
As uncertainty grows around shifting regimes, companies facing heightened legal and operational risks should strengthen diligence, assess exposure, and integrate sanctions into broader risk management.

Publications April 27, 2026

Michael Ng featured in IAM Magazine on AI Distillation and Trade Secret Law

This past week, the White House declared adversarial, unauthorized and “industrial-scale” AI distillation a national security threat. “Distillation” describes a common AI development practice: using the outputs of one model to help develop another. But where distillation crosses the line into weaponized copying, it creates risks for innovators.

Kobre & Kim’s Michael Ng spoke with IAM magazine about the practice, and protections under existing trade secret laws.

Publications April 23, 2026

Kobre & Kim Examines How Regulatory Probes of Prediction Market Platforms Are Reshaping Risk and Strategy

In a recent Law360 article, Kobre & Kim’s Jessica Fender, Jonathan Cogan, Michael Cinnamon, and Danielle Bateman examine how increased regulatory attention involving prediction market platforms is reshaping their strategic considerations.

Client Alert April 23, 2026

Private Credit Lenders Face Rising Default Risk and Enforcement Challenges

Amid the rapid growth of private credit and rising default concerns, recent distress events have exposed structural vulnerabilities and underscored the need for strong diligence, ongoing monitoring, and early enforcement planning.
As transactions become more complex and cross-border, lenders face increasing exposure to litigation, regulatory scrutiny, and multi-front disputes when deals unravel.

Client Alert April 16, 2026

Navigating Asset Recovery in the Face of Criminal Enforcement

Agencies pursuing criminal enforcement often move quickly to seize assets, complicating civil asset recovery for creditors by creating uncertainty around control, timing, and recoveries.
These challenges are amplified in cross-border matters, where overlapping regimes and parallel proceedings can fragment recovery efforts and increase risk.
Effective strategies require early jurisdiction assessment, careful analysis to preserve assets outside forfeiture scope, and coordination with authorities.

Client Alert April 7, 2026

Combatting Investigations & Enforcement Arising Out of Prediction Markets

Prediction markets are drawing increased scrutiny from regulators and prosecutors, with overlapping enforcement efforts and a still-developing legal framework.
Proactive risk management and strategic responses to inquiries are critical as exchanges expand their own enforcement and the threat of investigation grows.

Client Alert March 31, 2026

Managing Cross-Border Enforcement Risk Amid Oil Market Volatility

Oil market volatility and geopolitical instability are increasing the enforcement challenges for distressed counterparties, sanctions exposure, and contested assets cross-border disputes.
An enforcement-focused approach that prioritizes early asset identification, strategic jurisdictional choices, and alignment with recovery objectives is critical to preserving value and maintaining leverage in this environment.

Client Alert March 26, 2026

How Non-U.S. Creditors Can Reach Delaware Trust Assets

Delaware Domestic Asset Protection Trusts (DAPTs) offer strong statutory protection when properly structured.
However, non-U.S. creditors may still pursue recovery through multijurisdictional strategies, including challenges to the validity of the trust, reliance on creditor-friendly jurisdictions, and fraudulent-transfer claims.

Client Alert March 19, 2026

Cayman Court Dismissed Efforts to Freeze Assets in US $270M Charitable Fund Dispute

A Cayman Islands court has dismissed liquidators’ efforts to freeze remuneration paid to a professional director represented by Kobre & Kim in a dispute involving a US $270M charitable fund structure, rejecting claims that he held traceable assets subject to a proprietary claim.
The ruling underscores that injunctions are exceptional remedies requiring a credible merits case and reliable evidence.

Client Alert March 5, 2026

Cross-Border Remedies for Chinese Investors in Brazilian Companies in Distress

Economic volatility across Latin America is driving a new wave of restructurings that expose Chinese investors to complex, cross-border disputes affecting recoveries.
Because many companies operate through offshore structures and hold assets across jurisdictions, effective recovery strategies often require coordinated insolvency proceedings, while navigating growing geopolitical and regulatory sensitivities in strategic sectors, to protect value and maximize recoveries.