Insights

A recent landmark UK Supreme Court ruling confirms a reasonable expectation of privacy for individuals who are under criminal investigation but have not been charged. Kobre & Kim’s Miranda Ching, Robin Rathmell, Edward Smith and Polly Wilkins – part of the International Private Client team in London – write in WealthBriefing what the implications of this ruling are for high-net-worth individuals (HNWIs) sensitive to press intrusion.

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With the country’s strength in technology and pop culture, South Korea is seeing a rise in popularity of non-fungible tokens (NFTs). From tech and financial companies to K-pop agencies and Korean drama and video game producers, more industries are laying the groundwork for an NFT boom. However, as Michael Kim, Daniel Lee and Nathan Park explained in an article for Asia Business Law Review, the legal status of NFTs in Korea remains ambiguous.

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In a Portuguese TV interview with Brazilian news program Domingo Espetacular, Kobre & Kim’s Martin De Luca – the only former U.S. prosecutor in Brazil – introduced the U.S. criminal investigation and prosecution process to the show, which airs Sunday evenings.

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In her eponymous Monaco Memo, U.S. Deputy Attorney General Lisa Monaco announced a number of changes to DOJ policies, including how the Biden administration will weigh the costs and benefits of imposing a corporate monitor. Speaking with the Anti-Corruption Report, Kobre & Kim’s Wade Weems outlined expectations for an increase in the use of monitorships. 

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Microsoft has escaped scrutiny from U.S. legislators and antitrust regulators in recent years, even as pressure builds for other Big Tech companies, but the firm’s bid to acquire video game giant Activision Blizzard may put it back on the radar. Kobre & Kim’s Benjamin Sirota, a former U.S. federal antitrust prosecutor, previews what regulators might look for when he spoke with Quartz.

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The U.S. Securities and Exchange Commission (SEC) is ramping up scrutiny of private funds as it proposes new rules increasing disclosures to the agency. Kobre & Kim’s David McGill, who regularly represents hedge funds and traders against government enforcement actions, looked at the potential consequences of the rule change when he spoke with Reuters.

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Recent U.S. Department of Justice (DOJ) policy changes announced by Deputy Attorney General Lisa Monaco in the “Monaco Memo” indicate a redoubled focus on investigating and prosecuting individuals for white-collar crime and corporate corruption. But corporations should not expect a free pass, former U.S. federal prosecutor Scott Hulsey told the Anti-Corruption Report.

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From the firm’s goals and unique business model to the firm’s strategy and his end game, Kobre & Kim co-founder Michael Kim shared his experiences in founding and building a law firm from scratch when he sat down with CM Murray Managing Partner Clare Murray on their podcast series, Law Firm Founder Conversations.

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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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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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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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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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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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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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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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