Insights

The U.S. Federal Trade Commission’s (FTC) attempt to block Microsoft’s acquisition of video game developer Activision Blizzard is, to some, a surprising and aggressive move with long odds. Kobre & Kim’s Benjamin Sirota, who focuses on contentious high-stakes antitrust disputes, analyzed the case when he sat down with Bloomberg Businessweek, The Wall Street Journal and MLex Market Insights.

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Hong Kong is a global financial center with a common law legal system, useful judicial tools for asset tracing and recovery, as well as sophisticated law enforcement, making it a key jurisdiction for those recovering their digital assets from fraud or other property disputes. Kobre & Kim’s Hong Kong-based Calvin Koo, who focuses on tracing and recovering digital assets, laid out a roadmap for recovery in an article for the Hong Kong Lawyer.

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Kobre & Kim’s Amanda Tuminelli, who defends institutional clients in the cryptocurrency industry against government investigations and enforcement actions, spoke with Law360 on the recent U.S. Securities and Exchange Commission (SEC) victory over blockchain publisher LBRY in a New Hampshire federal court and what it could mean for the future of cryptocurrency regulation and enforcement, both in the U.S. and beyond.

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A U.S. federal judge has blocked the proposed merger between publishers Penguin Random House and Simon & Schuster in “fairly striking” rulings, Kobre & Kim’s Benjamin Sirota – a former U.S. federal antitrust prosecutor – told Global Competition Review in his analysis of the case.

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Kobre & Kim’s launch and expansion of its São Paulo office during the height of the pandemic in 2020 has paid dividends, according to Kobre & Kim’s Gabriela Ruiz and Leonardo Palhares when they sat down with Law.com International, highlighting the firm’s thriving regional business, ability to represent large Brazilian companies and individuals globally when litigation arises and on-the-ground Lusophone team.

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As conduits of the flow of global capital, financial centers such as Hong Kong see their share of illicit funds flow through their shores. This includes cryptocurrency, which bad actors increasingly turn to in their fraudulent schemes. Kobre & Kim’s Calvin Koo, who focuses on tracing and recovering digital currencies for corporate and individual victims of fraud, sat down with DigFin to examine the changing landscape and discuss how a new association of crypto lawyers he co-founded in Hong Kong can help the industry adapt.

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No international legal regime protecting trade secrets exists, but non-U.S. companies may be surprised to learn that U.S. courts and agencies have filled this void, applying U.S. law to cross-border disputes. This trend could devastate overseas companies that are unprepared to have their practices scrutinized under US rules. For would-be trade secret plaintiffs, the trend creates a major opportunity. Kobre & Kim’s Daniel Zaheer and Julian Pymento, who both focus on high-stakes cross-border intellectual property litigation, explain in an article for The Daily Journal.

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The COVID-19 pandemic has pushed ultra-high net worth individuals (UHNWIs) to restructure their finances and relocate investments out of Latin American countries. Citywealth interviewed Latin America experts to understand the reasons behind this movement.

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From her proudest professional moments and her advice to trainees to the most significant trend in her practice, Kobre & Kim’s Evelyn Sheehan shared her insight in the latest edition of Private Client Global Elite’s magazine “The Month.”

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Latin America’s recent economic boom has led many to proclaim it “inevitable” that Brazil becomes a center of international disputes. Kobre & Kim’s São Paulo-based lawyers Gabriela Ruiz, Scott Nielson and Carolina Leung explain in a chapter for Lexology’s “Enforcement of Foreign Judgments 2022” the ins-and-outs of gaining recognition and enforcement of foreign judgments in Brazil.

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For litigants in Brazil, the broad scope of U.S. discovery may come as surprise. Even though the U.S. Supreme Court recently foreclosed Section 1782 discovery when the sole foreign proceeding involved is a private international arbitration, the parties in Brazilian proceedings can still leverage this instrument, as Gabriela Ruiz, Martin De Luca and Scott Nielson explain in an article for Brazilian legal publication Consultor Juridico.

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The U.S. Department of Justice’s (DOJ) Antitrust Division has been direct about decreasing the number of meetings between defense counsel, supervisors and front office officials to press against the client's indictment. This change, which is a continuation of a policy instituted during the Trump administration, aligns the antitrust division with the practice of other DOJ divisions, said Kobre & Kim’s Benjamin Sirota, a former prosecutor at the DOJ Antitrust Division, for the National Law Journal.

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The contagion of collapsing cryptocurrency companies – from Three Arrows Capital to Voyager Digital and Celsius Network – in recent months may not be over yet. Kobre & Kim’s Daniel Saval, who regularly represents crypto industry stakeholders in complex cross-border insolvency disputes, sat down with The Deal to answer why bankruptcies are likely to continue.

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Recent letters filed in court from customers in the bankruptcy cases of cryptocurrency platforms Voyager Digital and Celsius Network reveal the extent of the potential financial ruin faced by customers after those companies halted withdrawals. Kobre & Kim’s Daniel Saval with Yahoo Finance discussed the challenges ahead for the customers-turned-creditors as they seek to recover their assets.

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Daniel Saval, Andrew Stafford KC, Evelyn Sheehan, Amanda Tuminelli and Timothy de Swardt wrote in Forkast about how recovering crypto assets from insolvent companies may be easier than one might think.

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