Insights | Kobre & Kim — Disputes and Investigations

Client Alert May 15, 2019

“Cartels Beware”: U.S.-Korea Antitrust Enforcement Likely to Reach a New Scale

A recent meeting between antitrust enforcers from South Korea and the U.S. signals an increase in future collaboration between the U.S. Department of Justice (DOJ) and Korea Fair Trade Commission (KFTC) on cross-border criminal antitrust enforcement.
A greater degree of DOJ-KFTC collaboration will result in increasingly complex multinational antitrust litigation.
When these enforcers take collaborative actions, targets will require equally coordinated defense strategies - likely combining the knowledge of both Korea and U.S. antitrust specialists.

Publications May 13, 2019

Beau Barnes Discusses Potential OFAC Enforcement Strategy Shift from Companies to Executives

Kobre & Kim’s Beau Barnes brings his economic sanctions and regulatory background to evaluate recent developments in enforcement actions from the U.S. Treasury's Office of Foreign Assets Control (OFAC) and their implications for U.S. companies in Law 360.

Client Alert May 8, 2019

To Catch a Debtor: Freezing the Money

International creditors continue to face significant challenges when monetizing claims against debtors based in the People's Republic of China.
Actions such as a standalone freezing injunction can be used in English common law jurisdictions to freeze assets that are held by innocent third parties.
Injunctions and receiverships can be made without giving notice to the debtor, bestowing the "element of surprise."

Publications May 2, 2019

Benjamin Sirota on DOJ Antitrust’s Evolving Treatment of Corporate Compliance Programs with New York Law Journal

Kobre & Kim attorney and former Department of Justice (DOJ) Antitrust Division prosecutor Benjamin Sirota discusses the past, present and future of the U.S. Department of Justice Antitrust Division’s policy regarding whether to credit corporate compliance programs in charging decisions and at sentencing, and on what terms.

Publications April 26, 2019

Michael Kim Discusses Criminal Apprehension and Repatriation by the U.S. in a Highly Political Event

Firm co-founder Michael Kim was quoted in the leading South Korean newspaper Dong-A Ilbo, discussing international relations between the U.S. and Spain in relation to the apprehension and potential repatriation of individuals charged with breaking and entering in a Spain-located DPRK embassy.

Publications April 23, 2019

Kobre & Kim Attorneys Detail Strategies for Enforcing Judgments against Sovereign Entities in Mealey’s

A team of Kobre & Kim attorneys – Jef Klazen, Chris Cogburn and Lara Levinson – detail strategies of enforcing judgements against elusive foreign governments or state-owned entities in the Lexis Nexis’ monthly arbitration newsletter, Mealey's International Arbitration Report.

Publications April 12, 2019

Jason Kang with South China Morning Post: New Risks for PRC-Facing Foreign Investors

Kobre & Kim’s Hong Kong-based Jason Kang provided his insights to major Hong Kong-based newspaper South China Morning Post on the unexpected risks behind China’s new foreign investment regime, which was recently passed in early 2019.

Client Alert April 3, 2019

To Catch a Debtor: Finding the Money

For international creditors, monetizing claims against debtors located in the People’s Republic of China has proven difficult.
The first challenge is finding where the assets are, specifically via offshore discovery.
Time is of the essence, and “freezing” the money is next.

Client Alert March 27, 2019

Successfully Fighting a Spoofing or Market Manipulation Subpoena from the DOJ or the CFTC

The U.S. government has set its sights on market manipulation and “spoofing” among both traditional and digital currency traders.
For the trading firms and other market participants who could be in the government’s crosshairs, now is the time to plan how you will respond to a subpoena.
Traders and trading firms that find themselves on the receiving end of a subpoena related to spoofing or market manipulation should not immediately assume that cooperation is the best or only way to respond.

Client Alert March 21, 2019

Recovering Stolen Funds from Business Email Fraudsters

One of the most common forms of fraud affecting businesses worldwide is Business Email Compromise (BEC).
Often based in Asia, BEC fraudsters are known to use a network of underground moneychangers to move stolen funds rapidly beyond the reach of victims.
When affected, victims need to match the speed of the criminals, acting across multiple jurisdictions and with the full set of legal tools necessary to trace, freeze and recover assets effectively.

Publications March 14, 2019

Podcast: Jake Chervinsky Explores the Future of Digital Currency on Tales from the Crypt

On March 12th, Kobre & Kim attorney Jake Chervinsky joined cryptocurrency influencer Marty Bent on his Bitcoin podcast, Tales from the Crypt, for a conversation on the intersection between digital currency and the law.

Publications March 4, 2019

Benjamin Sauter and Jake Chervinsky Discuss the Rise of “Stablecoins” with CoinDesk

Kobre & Kim attorneys Benjamin Sauter and Jake Chervinsky draw upon their experience in digital currency regulatory issues to discuss the rise of “stablecoins” with leading digital currency news site Coin Desk.

Client Alert March 4, 2019

Clashing With Titans: Effective Judgment Enforcement Against Sovereign Entities

There are many reasons why sovereign debtors can be challenging targets.
The right combination of high-pressure tactics, coupled with aggressive, creative, multijurisdictional strategies, can force sovereign debtors to take a seat at the bargaining table.
Here are specific examples of effective techniques from recent successful matters where legitimate claims were recovered against sovereign entities.

Publications March 1, 2019

Kobre & Kim on the Importance of Rule 4(m) for International Defendants in Westlaw

A team of Kobre & Kim attorneys – Steven Perlstein, Melanie L. Oxhorn and Brad H. Samuels – analyze the recent decision in In re Veon Ltd. Securities Litigation, including its impact on cross-border litigation involving international defendants.

Publications March 1, 2019

Kobre & Kim places in AmLaw’s “Litigators of the Week” after victory in DRW case

A team of Kobre & Kim attorneys – Jonathan Cogan, Andrew Lourie and Matthew Menchel – were recognized in The American Lawyer’s “Litigators of the Week" for their trial victory on behalf of DRW Investments, a Chicago-based proprietary trading firm, in a market manipulation case against the U.S. Commodity Futures Trading Commission (CFTC).