Client Alert February 28, 2023
Don’t Overlook China in Difficult Chapter 11 Asset Recovery Efforts
- In Chapter 11 bankruptcy cases where the chances of recovery seem slim, global unsecured creditors may have to get creative and look outside the U.S. to improve their prospects.
- Assets in the People’s Republic of China (PRC) – the world’s second largest economy – offers a surprising source of asset recovery opportunities.
- We explain how creditors can unlock value in China and maximize their recovery.
Client Alert February 22, 2023
Lessons from LBRY: Standing Up to Regulatory Oversight
- The global crypto industry may have celebrated prematurely at a reported win by LBRY amici against the U.S. Securities and Exchange Commission.
- In fact, enforcement threats are at an all-time high, and the SEC and other regulators are emboldened.
- Only by matching the regulator’s aggressiveness with equally aggressive strategies can industry players see success.
Client Alert February 16, 2023
Traders Can Stand Up to Investigations from Regulators and Exchanges
- U.S. government regulators are ramping up enforcement actions against traders for alleged market manipulation and spoofing.
- Exchanges and self-regulatory organizations are piling on, subjecting traders to their own investigations.
- Traders should not be afraid to stand up to these entities, and there are effective counteroffensive measures that can drive successful outcomes.
Publications February 8, 2023
Nick Cherryman Quoted in Financial Times and Law360 on UK Win in Award Enforcement Case Against Spain
Coming amid uncertainty for renewable investors and a global legal debate in the wake of the Court of Justice of the European Union’s (CJEU) Achmea and Komstroy decisions, the UK High Court rejected the European Commission’s attempt to intervene in two renewable energy investors’ US $101 million arbitral award enforcement case against Spain in a win for the investors. The Financial Times and Law360 quoted Kobre & Kim’s Nick Cherryman, who represents the lead award in this dispute, on the development.
Client Alert February 8, 2023
Stopping the “Snowball Effect” of a Reputation Under Attack
- Reputation is both a highly valuable and sensitive asset for ultra-high net worth individuals (UHNWIs), and is constantly at risk.
- A strategically placed narrative aimed at undermining an individual’s commercial or political objectives can “snowball” to impact many aspects of their personal and professional lives.
- We explain how defensive and proactive strategies can be deployed to defend an UHNWI’s reputation, demonstrate their source of wealth and protect their freedom of movement around the world.
Publications January 31, 2023
Alan Guy Explores the Decline of the Billable Hour with LexisNexis
The trend away from billable hours as the way law firms charge clients may be accelerating. Kobre & Kim’s Managing Director of Underwriting and Value Optimization Alan Guy, who underwrites, negotiates and manages litigation finance and alternative fee arrangements, sat down with LexisNexis to explore the changes.
Client Alert January 30, 2023
Korean Companies Should Prepare For Rising U.S.-Korea Parallel Antitrust Investigations
- Korean and U.S. antitrust enforcers are working ever closer together in investigating potential anticompetitive behavior.
- Korean companies are at risk – even conduct based entirely in Korea could be scrutinized.
- We look at the enforcement hotspots and how Korean companies can deploy an effective multijurisdictional defensive strategy.
Client Alert January 25, 2023
Achieving High Returns from Sovereign & States Disputes
- A coming global economic downturn will put sovereign debt under pressure.
- It may appear near impossible for creditors and investors to enforce this debt against sovereigns, but those who succeed can see extraordinary returns.
- We explain how deploying creative cross-border strategies can overcome the toughest sovereign debtors and unlock the key to success.
Client Alert January 18, 2023
Opportunities for Foreign Activist Investors to Take Advantage of Korea’s Shifting Corporate Landscape
- The Korean corporate landscape is becoming more favorable for activist campaigns.
- Foreign activist investors have new opportunities to push for change and maximize value, even against the biggest chaebols.
- Our team explains what these developments mean and how investors can take advantage.
Publications January 13, 2023
Alan Guy on Lowering Costs for General Counsels in Legal Dive
For general counsels (GCs) in many organizations, a slowing economy in 2023 is putting pressure on them to spend less, particularly on their highest cost: outside counsel spending. Kobre & Kim’s Alan Guy, the Managing Director of Underwriting and Value Optimization, sat down with Legal Dive to emphasize how professionalizing fee discussions can allow clients and counsel to find win-win deals that align pricing and value.
Client Alert January 9, 2023
Leveraging the U.S. Legal System in Brazil to Increase the Chances of Recovery from Fraud
- Victims of large-scale and sophisticated fraud in Brazil may struggle to recover their assets by only using tools available in the domestic legal system.
- However, a growing interest in fighting cross-border crime by U.S. authorities, together with the power of tools in the U.S., provide victims with a potentially better path to success.
- Our cross-border team explains what strategies victims can deploy to achieve results.
Client Alert December 22, 2022
Defensive and Counter-Offensive Strategies for High-Yield Debt Issuers and Private Borrowers
- Tightening global credit conditions will put more corporate high-yield debt issuers and private borrowers from emerging markets at risk of default.
- This can spiral into complex cross-border disputes with creditors, threatening the company’s survival.
- Fortunately, there are creative and aggressive strategies available for debtors to limit their exposure and protect their bottom lines.
Publications December 19, 2022
Benjamin Sirota Analyzes FTC Challenge of Microsoft-Activision Deal with Bloomberg Businessweek, WSJ and MLex
The U.S. Federal Trade Commission’s (FTC) attempt to block Microsoft’s acquisition of video game developer Activision Blizzard is, to some, a surprising and aggressive move with long odds. Kobre & Kim’s Benjamin Sirota, who focuses on contentious high-stakes antitrust disputes, analyzed the case when he sat down with Bloomberg Businessweek, The Wall Street Journal and MLex Market Insights.
Client Alert December 14, 2022
Enforcing a Foreign Judgment in the UAE: New Opportunities
- The United Arab Emirates (UAE) is becoming increasingly friendly to global judgment creditors looking to enforce their judgments.
- Recent developments signal increased receptivity to fast-tracking recognition and enforcement through reciprocity.
- We survey the landscape and look at how the country can form a crucial part of a worldwide enforcement campaign.
Client Alert December 7, 2022
Enforcing Minority Shareholder Rights in Asia: A Comparative Guide to Just and Equitable Winding Up
- Minority shareholders have options to stand up to majority shareholders and directors, such as unfair prejudice claims or derivative actions.
- However, if these do not achieve the desired result, one more tool is available to exert pressure: a just and equitable winding up.
- We lay out how this tool can be applied in five key jurisdictions for corporate structures in Asia.
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