Insights

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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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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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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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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Kobre & Kim’s Polly Wilkins, who focuses her practice on reputational issues and crisis management for ultra-high net worth individuals, shared her thoughts for the Burlingtons Group Autumn 2021 Magazine about how quickly negative news coverage can escalate, resulting in compromised international asset structures or even investigations by government authorities. 

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The U.S. Department of Justice’s (DOJ) attempt to stop publisher Penguin Random House’s acquisition of its competitor, Simon & Schuster, advances a legal theory beyond the traditional antitrust standard. Kobre & Kim’s Benjamin Sirota, a former federal antitrust prosecutor, analyzed the lawsuit when he spoke with Bloomberg Law.

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People are a law firm’s greatest asset, and the demographic makeup of a firm’s partners reveals something about their business model. Kobre & Kim Chief Strategy Officer Gary Singer sat down with Reuters to discuss what this says about Kobre & Kim.

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The U.S. Department of Justice (DOJ) has historically performed large-scale investigations into unlawful collusion in the financial services industry. In an episode of the “Our Curious Amalgam” podcast hosted by the American Bar Association, Kobre & Kim’s Benjamin Sirota explains how the DOJ’s trajectory of prosecution points to an increasing use of antitrust in financial market matters.

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The U.S. Department of Justice (DOJ) has established a new cryptocurrency team, but it faces numerous challenges as it seeks to collaborate with the private sector. Kobre & Kim’s Benjamin Sauter, who defends clients in the cryptocurrency industry against government enforcement actions, explained when he spoke with Global Investigations Review.

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The Pandora Papers, which were based on stolen documents provided to journalists who published the private financial affairs of hundreds of people, is part of a “dangerous trend,” Kobre & Kim’s Robin Rathmell told Wealth Briefing.

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With the appointment of legal scholar Lina Khan as chair of the U.S. Federal Trade Commission (FTC), the agency will likely bring antitrust action against Amazon – but how aggressive will it be? Kobre & Kim’s Benjamin Sirota, a former U.S. federal antitrust prosecutor, shared his thoughts when he sat down with Fast Company.

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Though China Evergrande Group, the heavily indebted Chinese real estate developer, made a US $84 million interest payment to its offshore bondholders just shy of the end of a grace period, the move has not allayed investor anxieties. Kobre & Kim’s Hong Kong-based John Han, who focuses on monetization of Greater China-based distressed debt, spoke to Reuters about what the payment means and how it falls short.

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Though much of English law has developed to adapt to the rise of digital assets, the tort of conversion has not followed, depriving claimants of a tool to recoup losses from third parties. Kobre & Kim’s Andrew Stafford QC and James Chapman-Booth explained the shortfall in an article for New Law Journal. 

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The pandemic has led U.S. federal and state governments to increase telehealth services' accessibility and economic feasibility, including through payment parity. However, the long-term durability of parity remains uncertain, and increased enforcement against telehealth fraud has fueled further uncertainty for providers and patients, Kobre & Kim's Adriana Riviere-Badell and Alexandria Swette wrote in Law360.

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Jonathan Kanter, the nominee to head the U.S. Department of Justice's Antitrust Division, is set to face his Senate nomination hearing. Kobre & Kim's Benjamin Sirota, a former federal prosecutor in the division, shared his thoughts with CQ Roll Call on Mr. Kanter's potential tenure.

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