Publications September 18, 2020

Wade Weems, Chang Liu and Nan Wang on U.S. Enforcement Risks to Wealthy Chinese Individuals

As the case of Huawei CFO Meng Wanzhou demonstrates, Chinese high-net-worth individuals can easily become targets of U.S. criminal charges and U.S. civil and regulatory penalties based on alleged economic crimes, even if they never step foot on U.S. soil. Kobre & Kim’s Wade Weems, Chang Liu and Nan Wang walk through the risks and offer some mitigation strategies in an article in China Banking News.

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Publications September 18, 2020

Wade Weems Analyzes Herbalife FCPA Settlement with Anti-Corruption Report

Herbalife Nutrition Ltd. has settled with the U.S. Securities and Exchange Commission (SEC) and Department of Justice (DOJ) after a years-long investigation into Foreign Corrupt Practices Act (FCPA) violations in China. Kobre & Kim’s Wade Weems, a Shanghai-based former DOJ prosecutor, analyzed the settlement with the Anti-Corruption Report.

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Publications September 18, 2020

John Han, Evelyn Sheehan and Wade Weems on the Risks of Wealthy Hong Kong Individuals’ Moving Assets Abroad

China’s enactment of the Hong Kong national security law, as well as the U.S. response, have caused many Hong Kong-based ultra-high-net-worth individuals (UHNWIs) and family offices to consider moving assets out of the region. Kobre & Kim’s John Han, Evelyn Sheehan and Wade Weems analyzed the relevant risks and offered some advice in an article for Law.com International.

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Publications September 16, 2020

Wade Weems Looks at Next Steps after TikTok’s Oracle Deal with South China Morning Post

With TikTok’s partnership deal with Oracle cutting it close to the Trump administration’s September 20 deadline and falling short of an outright sale, Kobre & Kim’s Wade Weems, a Shanghai-based former U.S. Department of Justice National Security Division prosecutor, sat down with the Hong Kong-based newspaper South China Morning Post to examine the likely next steps.

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Publications September 16, 2020

Ulrich Payne Analyzes Offshore Insolvency and Litigation Finance Trends with Burford Capital

Despite, and in some cases because of, the pandemic, offshore jurisdictions such as the Cayman Islands and the British Virgin Islands (BVI) central to global restructuring efforts have been undergoing notable changes. Kobre & Kim’s Ulrich Payne sat down with Burford Capital’s The Burford Quarterly as part of a roundtable discussion to examine these ongoing trends.

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Publications September 15, 2020

Wealth Talk: Wade Weems on U.S.-China Trade War and Risks to Chinese Individuals

In the first installment of a ten-episode series partnership between Kobre & Kim’s International Private Client (IPC) team and Wealth Briefing on the spectrum of litigation scenarios facing high-net-worth individuals (HNWIs) around the world in 2020, Kobre & Kim’s Robin Rathmell sat down for a Q&A with Wade Weems, a Shanghai-based former U.S. Department of Justice (DOJ) prosecutor, on risks facing international private clients in Greater China amidst ongoing U.S.-China trade tensions.

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Publications September 9, 2020

Benjamin Sauter on Responding to the Ethereum Classic Attack and the Implications for the Blockchain Industry

What is the response to the latest attacks on the Ethereum Classic (ETC) blockchain, and what does this mean for the blockchain and digital currency industry as a whole? Kobre & Kim’s Benjamin Sauter, joined by CEO of ETC Labs Terry Culver, discussed these issues and more in a video interview with Forkast News.

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Publications September 3, 2020

Benjamin Sauter Advocates “Taking On the CFTC” in Traders Magazine Op-Ed

The usual response of companies to subpoenas from the U.S. Commodity Futures Trading Commission (CFTC) is to cooperate. However, cooperation very often leads down a road to “organized surrender.” There is an alternate strategy that can bring success, Kobre & Kim’s Benjamin Sauter explained in an Op-Ed for Traders Magazine.

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Publications September 3, 2020

Benjamin Sirota Comments on the New International Antitrust Cooperation Framework in Compliance Week

A new framework between six antitrust agencies in five countries, including the U.S. Department of Justice and Federal Trade Commission, “confirms the increasingly cross-border nature of antitrust enforcement,” Kobre & Kim’s Benjamin Sirota told Compliance Week.

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Publications August 31, 2020

Wade Weems Analyzes World Bank Investigations from a Chinese Perspective

Like many other multilateral development banks, the World Bank Group has raised the profile of its sanctions system as it seeks to combat fraud and corruption. However, the distinctiveness of many aspects of Chinese law often makes the World Bank’s system more complicated when the two meet, as Kobre & Kim’s Wade Weems and William Weightman wrote with others in an analysis for Thomson Reuters' Practical Law.

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Publications August 24, 2020

Andrew Stafford QC Analyzes Implications of Koza v Koza Altin Isletmeleri on Cross-Border Arbitration Funding

A recent judgment by the Court of Appeal of England and Wales has important implications for the court’s intervention in international arbitrations and their treatment of arguments based on abuse of process and Henderson v Henderson, Kobre & Kim’s Andrew Stafford QC wrote in an article first published by Lexis®PSL on August 4, 2020.

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Publications August 21, 2020

Rebecca Hume on the Unsettled Questions of Cayman’s Section 238

With increased activity among U.S.-listed, Cayman-based Chinese companies as a result of U.S. scrutiny, section 238 of the Cayman Islands’ Companies Law has garnered fresh interest. Kobre & Kim’s Rebecca Hume looks at the law as part of an analysis by CTFN.

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Publications August 19, 2020

Benjamin Sirota Contrasts U.S. and European Antitrust Regime for Crain’s New York Business

A proposed New York state antitrust law could go beyond U.S. federal standards and resemble something closer to European law. Kobre & Kim’s Benjamin Sirota, a former U.S. Department of Justice antitrust prosecutor, examines the difference in Crain’s New York Business.

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Publications August 18, 2020

Evelyn Sheehan and Beau Barnes Discuss the U.S. “Sledgehammer” Seizure of Iranian Oil in Global Trade Review

The seizure of 1.1 million barrels of Iranian oil bound for Venezuela by the U.S. government is a “heavy sledgehammer” based on “a tactical legal innovation,” Kobre & Kim’s Evelyn Sheehan and Beau Barnes said to Global Trade Review.

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Publications August 17, 2020

Evelyn Sheehan Analyzes U.S. Seizure of Iranian Oil Bound for Venezuela in S&P Global Platts

The U.S. seizure of four Iranian oil tankers carrying 1.12 million barrels to Venezuela is an “escalation” of U.S. sanctions against both countries, Kobre & Kim’s Evelyn Sheehan, a former deputy chief of the Department of Justice Southern District of Florida’s asset forfeiture division, recently told S&P Global Platts.

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