Publications November 8, 2022

Benjamin Sirota Analyzes “Striking” U.S. Antitrust Ruling Against Publishers in Global Competition Review

A U.S. federal judge has blocked the proposed merger between publishers Penguin Random House and Simon & Schuster in “fairly striking” rulings, Kobre & Kim’s Benjamin Sirota – a former U.S. federal antitrust prosecutor – told Global Competition Review in his analysis of the case.

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Publications November 2, 2022

Law.com International Profiles Kobre & Kim’s “Thriving” Brazil Office

Kobre & Kim’s launch and expansion of its São Paulo office during the height of the pandemic in 2020 has paid dividends, according to Kobre & Kim’s Gabriela Ruiz and Leonardo Palhares when they sat down with Law.com International, highlighting the firm’s thriving regional business, ability to represent large Brazilian companies and individuals globally when litigation arises and on-the-ground Lusophone team.

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Client Alert November 2, 2022

Non-U.S. Companies Beware: New U.S. DOJ Guidelines May Apply

  • The U.S. Department of Justice has released new guidelines that signal their aggressive prosecution of individuals and companies outside the U.S.
  • At-risk non-U.S. companies must understand the potential implications of the DOJ’s new position.
  • Our global Government Enforcement Defense team explains why internationally based former U.S. government lawyers are best positioned to address the issues.

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Client Alert October 24, 2022

The Upcoming Brazil Election and Risks for Politically Exposed Persons

  • Brazil’s looming election could lead to a sharp shift in government and potentially, as part of a global trend, result in politically motivated investigations against rivals and their businesses.
  • These investigations can involve misconstrued allegations or undermined due process, and can threaten even overseas assets.
  • Our International Private Client team explains how politically exposed individuals can take proactive steps to protect their assets, liberty and reputation.

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Client Alert October 21, 2022

Global Crisis Management For Targets of Large-Scale Crypto Fraud

  • When crypto and blockchain companies, funds or exchanges find themselves the target of a sophisticated, large-scale fraud or cyber attack, speed through global reach is key.
  • Companies often make impulsive decisions that imperil their recovery chances and business interests.
  • The pseudonymous and borderless nature of cryptocurrency means companies need to take a cross-border and nontraditional approach to maximize success.

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Publications October 17, 2022

Calvin Koo on Hong Kong’s Changing Landscape in Cryptocurrency Regulation and Recovery

As conduits of the flow of global capital, financial centers such as Hong Kong see their share of illicit funds flow through their shores. This includes cryptocurrency, which bad actors increasingly turn to in their fraudulent schemes. Kobre & Kim’s Calvin Koo, who focuses on tracing and recovering digital currencies for corporate and individual victims of fraud, sat down with DigFin to examine the changing landscape and discuss how a new association of crypto lawyers he co-founded in Hong Kong can help the industry adapt.

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Client Alert October 12, 2022

Maximize Shareholder Value: Activist Investor Strategies in Korea

  • Recent developments in Korea have made Korean chaebols attractive to overseas activist investors.
  • However, the intricacies of Korean capital markets and legal practice, and the influence of chaebols, mean investors need to tread carefully.
  • Only by engaging in creative strategies that consider local and overseas factors can investors have the greatest chance of maximizing shareholder value.

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Publications October 6, 2022

Daniel Zaheer and Julian Pymento Unpack the Globalization of U.S. Trade Secrets Law in The Daily Journal

No international legal regime protecting trade secrets exists, but non-U.S. companies may be surprised to learn that U.S. courts and agencies have filled this void, applying U.S. law to cross-border disputes. This trend could devastate overseas companies that are unprepared to have their practices scrutinized under US rules. For would-be trade secret plaintiffs, the trend creates a major opportunity. Kobre & Kim’s Daniel Zaheer and Julian Pymento, who both focus on high-stakes cross-border intellectual property litigation, explain in an article for The Daily Journal.

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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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