Insights

• The creation and proliferation of inaccurate information are among the most potent threats facing ultra-high-net-worth individuals (UHNWI) navigating disputes.
• This misinformation can corrode and obscure the truth, risking a person’s reputation, lawfully held assets, and freedom to move across borders.
• When facing these types of risks, UHNWIs and their advisors should contemplate proactive steps to protect their legitimate business interests.

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• Sanctions against Russia have increasingly targeted the global shipping and maritime industry as the U.S., UK, EU, and other allied governments seek to enforce its crude oil price cap more aggressively.
• With Russian crude exports on the rise, individuals and businesses with ties to the global shipping and maritime industry – particularly Greek and Cyprus-based companies – could find themselves exposed to the widening sphere of Western sanctions.
• We explain how individuals and businesses with ties to the Cypriot shipping industry and their advisors may be able to mitigate potential risks.

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• Following a six-month trial in the Incora/Wesco matter, U.S. Bankruptcy Judge Marvin Isgur delivered an oral decision in favor of Kobre & Kim’s clients on July 10, 2024.
• Judge Isgur found that Incora/Wesco’s 2022 uptier transaction breached the lien protections in the Company’s 2026 secured note indenture. 
• Kobre & Kim's clients challenged the transaction, which involved US $250 million in gross new money and the exchange of over US $1 billion of other debt.

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• Ultra-high-net-worth individuals (UHNWIs) operating outside the United States have recently come under increasingly aggressive scrutiny from U.S regulators, including the U.S. Department of Justice (DOJ), and international cooperation agencies such as INTERPOL.
• If an UHNWI is not adequately prepared, these accusations could potentially spiral into global asset freezes and seizures.
• Below, our team discusses pre-emptive measures these potential targets can take to mitigate associated risks.

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• Many Korean and other Asian investors have poured money into the U.S. commercial real estate market, whether investing directly in property or through commercial mortgage-backed securities (CMBS) or real estate investment trusts (REITs).
• The pandemic, the fastest interest rate hike in decades and a drawback from risk-taking by U.S. regional banks in the wake of bank failures have dealt grievous blows to the market.
• This rapidly changing environment is leaving many investors vulnerable to mortgage defaults and lower valuations on their investments.

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• Chinese companies with significant intellectual property (“IP”) assets continue to see their bottom lines threatened amid increased competition with the U.S. and other Western companies.
• Kobre & Kim's ongoing commitment to its mainland China presence (recently featured in Law360) is critical to its ability to effectively manage cross-border IP disputes initiated outside China by Chinese companies in industries such as biotechnology, artificial intelligence, and consumer goods.

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• The ability of bondholders to sue bond issuers to enforce their rights without going through the cumbersome process of instructing a bond trustee has long been in question.
• However, an important ruling in New York court, obtained by Kobre & Kim on behalf of a group of international bondholders, took the first step in establishing standing.
• This decision potentially removes key barriers to enforcement in key offshore jurisdictions such as Cayman and the British Virgin Islands (BVI), as well as Hong Kong.

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• 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.

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• Many Brazilian and Latin American companies that borrow in US dollars are facing a growing mountain of debt.
• As international creditors eye a shrinking pool of capital available for repayment, US dollar noteholders may be left at the back of the line relative to onshore creditors.
• However, there are a number of options at USD noteholders' disposal that could improve their position and increases their chances of recovery.

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