Publications January 5, 2017

Anti-Corruption Policies in China and Hong Kong and the Implications for Companies Doing Business There

Asia-based lawyer Shaun Wu recently commented on the expansion of regulatory enforcement in both China and Hong Kong and the precautions that foreign corporations should take to ensure that they remain on the right side of the law as local governments crack down on bribery and corruption. In two articles published by Commercial Dispute Resolution, Mr. Wu notes trends in increased enforcement, observing the criminalization of practices once considered commonplace. He also offers tips for how to best oversee company policies when doing business in China and Hong Kong, and guidance on when to conduct internal reviews.

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Publications December 5, 2016

Enforcing Foreign Arbitral Awards? Evolving Risks and Opportunities to Consider

International judgment enforcement lawyers Carrie Tendler and Michael Sanfilippo discuss three U.S. Court of Appeals decisions that will likely impact the speed and ease with which holders of foreign arbitral awards can enforce them in a recent article in Today’s General Counsel. The authors also explore the current unsettled landscape of arbitral awards and offer advice for developing an effective strategy, including how to settle, budget, and sell an award.

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Publications November 21, 2016

Maximizing Asset Recovery in Insolvency Proceedings: Rebecca Hume and Randall Arthur Offer Thoughts on Strategy

In cross-border insolvency proceedings, it is often misguided to select a forum based on the location of the insolvent entity or group in an attempt to take advantage of familiarity of local rules or a “home-field advantage.”  Insolvency lawyers Rebecca Hume, based in the Cayman Islands, and Randall Arthur, based in Hong Kong, discuss the strategic advantages to utilizing the insolvency procedures of foreign jurisdictions in addition to, or instead of the home jurisdiction in a recent INSOL World article. The article touches on several recent cases that highlight the importance of considering jurisdictional issues, both pre- and post-appointment, and how forum selection can impact a party’s strategy for maximizing recovery.

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Publications November 21, 2016

Mitigating Risk in Asia-Based Internal Investigations: William McGovern, Eric Bruce, and Beau Barnes Discuss

Former federal lawyers William F. McGovern and Eric Bruce, along with Beau Barnes, address the inherent risk in conducting internal investigations in Asia in a recently published New York Law Journal article. Lending from their experience conducting internal investigations across the region, the lawyers address the common pitfalls, including vague state secrets rules, constantly changing data protection regimes, varying attorney-client privilege laws, and the ever-present challenge of language and cultural differences.

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Publications November 18, 2016

Michael Kim and Robin Baik Tackle Cross-Border Legal Issues

In the law and practice of international investigations section of the Global Investigation Review, Michael Kim and Robin Baik discuss legal issues arising in cross-border investigations and regulatory enforcement matters in Korea.

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Publications October 24, 2016

Roger Burlingame and Andrew Wang Explore Deferred Prosecution Agreements

As the Serious Fraud Office (SFO) puts a triumphant spin on the stutter-stepping start of the UK’s Deferred Prosecution Agreement (DPA) era, UK corporates considering the DPA route remain wary.

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Publications October 12, 2016

Lawyers Jef Klazen, Marcus Green, and Matthew Kokot Discuss the Enforcement of Arbitral Agreements

International judgment enforcement lawyers Jef Klazen, Marcus Green, and Matthew Kokot address the process of enforcing a judgment following arbitration in the United States in a recent chapter of The Arbitration Review of the Americas 2017, a guide produced by the Global Arbitration Review

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Publications October 10, 2016

JV Disputes Lawyers Explore What Corporate Executives Need to Know Before Entering Into a Joint Venture

As joint venture agreements gain in popularity, corporate executives should be aware of the legal challenges and pitfalls that present themselves in these unique commercial arrangements.

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Publications October 7, 2016

Former Federal Prosecutor Jason Masimore Explores Key Issues for Counterfraud Professionals

In a recent article published in Fraud Intelligence, former federal prosecutor Jason Masimore discussed corruption within the global business community and what counterfraud professionals should do if bribery is suspected within an organization.

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Publications September 26, 2016

Asset Recovery Efforts in Korea: What You Need to Know

Former federal prosecutor, Michael S. Kim, along with other members of the firm’s Korea disputes team, Robin J. Baik and S. Nathan Park, discuss special considerations for tracking and recovering assets in Korea in the latest edition of The Asset Tracing and Recovery Review

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Publications September 24, 2016

How to Track Fraudulent Assets in Offshore Jurisdictions

Tim Prudhoe, based in the firm’s British Virgin Islands office, in collaboration with English barristers Nathaniel P. Barber and Christopher J. Howitt, detail the process of asset recovery in the British Virgin Islands and Turks and Caicos in the most recent edition of The Asset Tracing and Recovery Review

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Publications September 19, 2016

Government Enforcement Defense Lawyers Vasu Muthyala and Beau Barnes Analyze New Regulations Targeting All-Cash Real Estate Purchases

In what they call “a shot across the bow of the luxury real estate industry,” Kobre & Kim lawyers Vasu Muthyala and Beau Barnes explain the U.S. Treasury Department’s new federal rules imposed on title companies in a recent article featured on GlobeSt.com

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Publications September 16, 2016

Kobre & Kim Trial Lawyers Explore How Proactive Strategies Can Minimize Discovery Costs

The discovery process can be lengthy and expensive, with judicial requirements to produce information often taxing the resources of both plaintiffs and defendants. 

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Publications September 15, 2016

Using Nonleading Questions On Cross-Examination: Our Trial Lawyers Explain in Law360

Conventional wisdom says that a trial lawyer should never ask a nonleading question on cross-examination. But while it is true that novice trial lawyers are probably best served by sticking with this advice, there are very good reasons at times for more advanced practitioners to free themselves from the rule.

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Publications September 1, 2016

U.S. and Europe Trade Secret Laws to Face Big Changes, IP Lawyer Michael Ng Explains

With major changes to trade secret laws recently enacted in both the United States and Europe, Michael Ng, who leads the firm’s intellectual property and technology litigation efforts, explains in the September issue of the Association of Corporate Counsel Docket how these legal modifications will impact companies. 

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