Insights

OVERVIEW

Publications April 11, 2023

Evelyn Sheehan to Anti-Corruption Report: U.S. DOJ Compensation Claw Back Program Improperly Shifts Government Burden to Employers

The U.S. Department of Justice’s (DOJ) new pilot program incentivizing companies under investigation to claw back compensation from culpable employees and supervisors attempts to shift the burden of corporate wrongdoing from shareholders to those directly responsible. However, as Kobre & Kim’s Evelyn Sheehan – who focuses on asset forfeiture and other government enforcement actions – told Anti-Corruption Report, the program offloads the government’s burden onto companies and adds to the challenges they face.

Publications April 7, 2023

Calvin Koo on the Rise of Cross-Border Crypto Scams in DL News

Cryptocurrency scams are on the rise. As more victims are losing money, they are finding that – even though transactions are preserved on a public ledger – the cross-border nature of the asset and the underdeveloped global regulatory landscape make recovery often very difficult, and scammers will continue to take advantage. Kobre & Kim’s Calvin Koo, who focuses on global tracing and recovery of digital assets, spoke to DL News about these trends.

Publications April 3, 2023

Jalil Asif KC, Peter Tyers-Smith and Ilona Groark Pen ICLG Chapter on Enforcing Foreign Judgments in Cayman

The Cayman Islands is a key offshore jurisdiction for judgment creditors in cross-border enforcement campaigns. Kobre & Kim’s Cayman-based Jalil Asif KC, Peter Tyers-Smith and Ilona Groark detailed the main insights in the jurisdiction for creditors in a chapter of International Comparative Legal Guide’s “Enforcement of Foreign Judgments 2023.”

Client Alert March 29, 2023

Global Creditors Can Successfully Fight Fraudulent Conveyance in Dubai

As a key economic center in the region, the United Arab Emirates (UAE) is increasingly the place where many international creditors go as they pursue their debtor’s assets.
However, some recalcitrant debtors may try to transfer their assets away to avoid payment in a fraudulent transfer.
Our team explores what strategies are available in the UAE to restore a creditor’s interests.

Client Alert March 22, 2023

Bringing a Global Perspective to Challenge Offshore Awards Successfully

Judgment and award debtors often hold assets in offshore jurisdictions such as the BVI – but these places are notoriously creditor- and enforcement-friendly.
When cornered by a creditor, debtors often find few – if any – legal avenues to challenge the claim against them.
However, a recent Kobre & Kim victory in the BVI demonstrates that, through deep familiarity of and ability to connect both offshore and foreign law, debtors can defy conventional wisdom and succeed.

Client Alert March 16, 2023

How Offshore Trustees and Beneficiaries Can Mitigate Serious Risks of a Sanctions Violation

Governments have increased focus on third parties – including offshore trustees – as they look to enforce their sanctions regimes.
This increases the risk trustees could become embroiled in an accusation of violating sanctions.
Trustees should take proactive, globally comprehensive measures to reduce their risk and avoid a cross-border crisis.

Client Alert March 10, 2023

How International Creditors Can Crack Delaware's Notoriously Tough Trusts

Debtor-friendly Delaware has strong asset protection laws that make it a destination of choice for global entities and individuals looking to hold their assets in a trust.
This creates a headache for international creditors – recovering assets in a Delaware trust can seem like an insurmountable challenge.
By adopting a creative, aggressive and multijurisdictional strategy, however, creditors can crack even Delaware’s notoriously tough trusts.

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.

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