Insights | Kobre & Kim — Disputes and Investigations

Publications December 3, 2018

Nathaniel Barber Discusses SFO Enforcement Strategies with Commercial Dispute Resolution

Kobre & Kim attorney Nathaniel Barber spoke with Commercial Dispute Resolution on the future of enforcement strategies by the UK Serious Fraud Office (SFO) following the appointment of its new director Lisa Osofsky.

Client Alert November 19, 2018

A New Door to Obtaining Business Intelligence in Offshore Cases

A recent decision involving document disclosure in offshore courts presents an opportunity for PRC-based companies to obtain business intelligence.
This decision — which was made in the English Court of Appeal and will likely influence offshore jurisdictions and Hong Kong — has shed light on how nonparties can get copies of court documents, evidence, written arguments and judgments.
To leverage the opportunity effectively, local expertise of offshore court processes and this new decision, in addition to on-the-ground support in PRC, will be needed.

Publications November 12, 2018

Kobre & Kim Explains the Global Reach of U.S. Sanctions in the New York Law Journal

A team of Kobre & Kim attorneys – Wade Weems and Beau Barnes – explain the global impact and reach of U.S. sanctions in the global economy, which can place heavy penalties, fines, and restrictions on unsuspecting companies and individuals.

Client Alert November 12, 2018

Navigating Global Matrimonial Disputes: Four Steps to High-Value Asset Recovery

While a divorce for the ultra-wealthy might be local, monetizing the resulting judgment requires sophisticated cross-border expertise.
A timely, proactive and creative asset recovery strategy leads to more money faster.
Obtaining a court judgment against the recalcitrant debtor is just the start of a global game of chess in which experience, creativity and global reach are essential.

Publications October 29, 2018

Kobre & Kim Break the Traditional “Rules” of Direct Examination, in Law 360

Kobre & Kim attorneys Matthew Menchel, Jonathan Cogan and Rebecca Mangold evaluate the direct examination process, dispelling traditional “rules” that novice trial lawyers often practice in favor of more pointed and effective techniques.

Publications October 24, 2018

Kobre & Kim Analyzes Bribery Risks Threatening Investment in the “New Indian Economy,” in Bloomberg

Kobre & Kim attorneys Vasu Muthyala and Nathaniel Barber look at India’s fast-growing economy and the heightened risks that both Indian companies as well as MNCs with a presence in India face without an effective anti-bribery policy.

Publications October 16, 2018

Kobre & Kim Analyzes the Business Impact of “Policing Speech Monopolies” in Law360

A team of Kobre & Kim attorneys – Hartley M.K. West, Jason A. Masimore, Daniel S. Lee, Martin De Luca, G. Scott Hulsey and Matthew R. Boucher – analyze antitrust regulation of online speech monopolies.

Publications October 12, 2018

The New Art Fraud: Galleries, Dealers are Next Global Hacking Targets

A team of Kobre & Kim attorneys - including Randall Arthur, Lara Levinson, Jason A. Masimore, Jef Klazen and Steven G. Kobre - shed light on one of the new targets of global hackers - the art world.

Publications September 25, 2018

Jake Chervinsky: Defending Crypto from the SEC

Jake Chervinsky speaks with Off the Chain podcast host Anthony Pompliano on securities law, accreditation standards, terrorism financing, the applications of the Howey Test to crypto, and much more in this in-depth 90-minute interview.

Client Alert September 25, 2018

The New Art Fraud: Galleries and Dealers Are the Next Global Hacking Targets

The art world is an attractive target because of its fast-paced, high-value transactions with minimal documentation.
Once the money has been wired to the criminal’s account, they move to transfer the funds to erase their trace and disappear undetected.
Victims of such a hack must wield all of the legal and investigative tools at their disposal to maximize the odds of recovery.

Publications September 19, 2018

What Bitcoin Did: An Interview with Jake Chervinsky

Jake Chervinsky speaks with What Bitcoin Did podcast host Peter McCormack on the growing friction between BitCoin and traditional finance. As regulators work to ensure that Cryptocurrencies are following due process, the industry is watching closely.

Client Alert August 27, 2018

Corruption Probes in LatAm Aren’t Just Local Issues

Bribery-related headlines have been swirling in Latin America in recent years, most recently in Argentina.
Cross-border cooperation among law enforcement authorities appears to be at an all-time high, with local Latin American authorities and U.S. regulators joining their enforcement efforts on large-scale corruption probes such as Operation Car Wash, which has amounted to billions (USD) in monetary penalties paid by those implicated.
Here are five ways to mitigate risks relating to the Foreign Corrupt Practices Act (FCPA) investigations in Latin America.

Publications August 24, 2018

What an SEC Bitcoin ETF Rejection Review Really Means

Following an announcement by the U.S. Securities and Exchange Commission (SEC) that nine bitcoin exchange-traded fund (ETF) disapproval orders are to be stayed until further review, Jake Chervinsky sat down with CoinDesk to discuss what the announcement really means, and what implications it carries for the proposed bitcoin ETFs themselves.

Client Alert August 20, 2018

Beware the Reach of U.S. Sanctions

The web of U.S. sanctions across the globe is dynamic and complex, and it can affect companies doing business in any corner of the world, even those with limited ties to the U.S.
Inadvertent sanctions violations can be considered “egregious” by OFAC and subject violators to significant fines.
Secondary sanctions are an often unwitting risk.

Client Alert August 9, 2018

5 Questions Raised By the DOJ's Partnership With Global Antitrust Enforcers

A new Multilateral Framework on Procedures in Competition Law Investigation and Enforcement (MFP) is being finalized.
Although the new MFP will not be binding on all enforcement regimes, the MFP’s compliance mechanisms should incentivize agencies to comply with the common commitments.
This announcement raises five key questions about the future of global antitrust enforcement.