Publications January 12, 2022

Benjamin Sauter and David McGill: Crypto Traders Should Challenge the CFTC’s Enforcement Authority

Even as the U.S. Commodity Futures Trading Commission (CFTC) has relentlessly (and successfully) pursued enforcement actions in cryptocurrency markets, its jurisdictional authority is actually on shaky grounds. Kobre & Kim’s Benjamin Sauter and David McGill explain in an article for Forkast News

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Publications January 11, 2022

Evelyn Sheehan on Far-Reaching U.S. Sanctions Against Latin America in Part Two of Q&A with Aguilar Castillo Love

As part of U.S. law enforcement’s focus on fighting money laundering and corruption in Latin America, sanctions have become a “powerful, rapid-fire tool” in the arsenal, Kobre & Kim’s Evelyn Sheehan told Aguilar Castillo Love’s Natalia Callejas in the second part of a Q&A on new enforcement trends in the region.

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Publications January 5, 2022

From Consolidation to Big Tech Self-Preferencing: Benjamin Sirota Previews Landmark 2022 in U.S. Antitrust Law

2022 looks set to be a landmark year for U.S. antitrust law as Congress considers multiple competition bills aimed at curbing corporate consolidation and the self-preferencing of technology companies. Kobre & Kim’s Benjamin Sirota, a former U.S. federal antitrust prosecutor, previewed the proposals with Law360.

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Publications January 3, 2022

Benjamin Sirota Looks at DOJ’s New No-Poach Antitrust Strategy in Bloomberg Law

Companies and executives now face the risk of indictments as the U.S. Department of Justice (DOJ) moves to treat wage-fixing and no-poach antitrust cases as criminal, rather than civil, matters. Kobre & Kim’s Benjamin Sirota, a former U.S. federal antitrust prosecutor, examined the possible implications when he spoke with Bloomberg Law.

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Publications December 23, 2021

Wade Weems and Joshua Huang in Caixin Global: Here’s How Chinese Targets Should Respond to U.S. Subpoenas

As U.S.-China tensions mount, Chinese individuals and entities are facing rising risks of becoming targets of U.S. criminal investigations. Shanghai-based Wade Weems, a former U.S. federal prosecutor, and Joshua Huang, a former PRC prosecutor focused on cross-border enforcement, share how Chinese targets should respond to protect their liberty and assets in an article for Caixin Global.

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Publications December 22, 2021

Evelyn Sheehan Unpacks FinCEN’s “Drumbeat” of Real Estate Reporting Duties in Global Investigations Review

The U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) released plans to increase oversight of the real estate market to fight money laundering, the latest in “a consistent drumbeat” of ever-growing reporting duties for global buyers and real estate professionals, Kobre & Kim’s Evelyn Sheehan explained to Global Investigations Review.

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Publications December 16, 2021

Wade Weems Looks Back at 2021 U.S. Anti-Corruption Enforcement Trends with The Anti-Corruption Report

As U.S. authorities step up enforcement against corporate corruption in 2021, they are utilizing an increasingly broad array of tools to proactively – and covertly – investigate companies, rather than just relying on self-reporting. Kobre & Kim’s Wade Weems, a former U.S. federal prosecutor focused on global corruption and bribery, unpacked the trend for The Anti-Corruption Report’s 2021 Year in Review.

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Publications December 7, 2021

Benjamin Sirota to Quartz: UK’s Blocking of Facebook-Giphy Deal Signals Global Antitrust Regulators’ Low Thresholds

The UK antitrust regulator, the Competition and Markets Authority (CMA), forced Facebook parent company Meta to unwind the acquisition of GIF database company Giphy. This decision demonstrates the willingness of global antitrust regulators to scrutinize even deals between companies based an ocean away, Benjamin Sirota, a former U.S. federal antitrust prosecutor, told Quartz.

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Publications December 6, 2021

Evelyn Sheehan to Amelia Rueda: Latin America is the Global Anticorruption Enforcement Risk Capital

Recent scandals in Costa Rica – namely operations Diamante and Cochinilla – have brought corruption to the forefront of the public in the region. Together with renewed efforts by the U.S. Department of Justice (DOJ) to combat corruption in Latin America, individuals and companies there now find themselves located in the global risk capital for anticorruption and compliance enforcement. Evelyn Sheehan, a former U.S. federal prosecutor who oversaw international corruption and bribery investigations, examined the latest developments when she sat down with renowned Costa Rican journalist Amelia Rueda for a Spanish-language radio interview.

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Publications December 3, 2021

Benjamin Sirota Speaks with Quartz on UK Antitrust Regulator Ordering Facebook to Sell Giphy

For the first time, the UK’s antitrust regulator ordered an American tech company to sell one of its major acquisitions. The Competition and Markets Authority (CMA) ruled that Meta Platforms, Facebook’s parent company, must divest Giphy, a GIF database and search engine. As Benjamin Sirota, a former U.S. federal antitrust prosecutor, told Quartz, this spells trouble for Facebook and other large tech companies.

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Publications December 2, 2021

Martin De Luca, Wade Weems and Scott Nielson on Growing U.S. Enforcement Against Central America

The passage of the United States-Northern Triangle Enhanced Engagement Act in the U.S. last year – aimed at targeted sanctions to fight corruption in El Salvador, Guatemala and Honduras –led to the U.S. State Department’s creation of the “Engel List.” The Engel List is a list of corrupt and undemocratic actors in those countries. It signals the United States’ accelerating enforcement in Central America, increasing risks for individuals in the region, as Kobre & Kim’s Martin De Luca, Wade Weems and Scott Nielson explained in an article for The Anti-Corruption Report.

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Publications November 23, 2021

Andrew Stafford QC and Oleg Shaulko in Law360: Where Do The Bounds Of Sovereign Immunity Lie?

Kobre & Kim's London-based lawyers Andrew Stafford and Oleg Shaulko, who focus their practices on cross-border judgment enforcement matters involving sovereign entities, dive into the the issue of sovereign immunity in their article "How Immune are State Agents from Foreign Courts?" published in Law360.

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Publications November 23, 2021

Jason Kang on Asset Recovery in China and Risks for Foreign Investors

Looming defaults of a number of Chinese private companies, including Evergrande and Suning, point to a complicated relationship with offshore creditors that may leave foreign investors without a path to recoup their investments via Chinese courts. In Anastasiia Carrier’s article “Trust Games” in The Wire China, Kobre & Kim’s Jason Kang touches on why offshore creditors face such an uphill battle and hints at possible strategies for recovery.

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Publications November 16, 2021

Andrew Stafford QC on Collecting Investor-State Awards in ICLG

Bilateral investment treaties (BITs) have facilitated global investment, but their value hinges on the ability to collect on a BIT award if anything goes wrong – and when the award debtor is a sovereign state, investors face unique challenges. Kobre & Kim’s Andrew Stafford QC, who has deep experience in international judgment enforcement against sovereign debtors, walk through how creditors can navigate the complexities in a chapter for International Comparative Legal Guides’ “Investor-State Arbitration 2022.”

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Publications November 12, 2021

David McGill and Benjamin Sauter in Law360: Crypto Firms Beware When Approaching U.S. Regulators

With little congressional action, U.S. financial regulators are asserting – sometimes in aggressive fashion – their authorities over the crypto industry. Kobre & Kim’s David McGill and Benjamin Sauter, both of whom regularly defend firms in the digital asset sector from government enforcement, spoke with Law360 about what the industry should expect from regulators.

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