As the recent case of Jia Yueting demonstrates, the commonly shared idea among Chinese companies that Chinese court judgments and arbitral awards cannot be enforced outside China, particularly in offshore jurisdictions, is a misconception. Kobre & Kim’s Tim Haynes, John Han and Jason Kang explain in an article for the Chinese investigative media Caixin.
A recent decision by a Hong Kong court demonstrates the importance of the initial decision by both arbitral award creditors and debtors of where and when to enforce or challenge an award, Kobre & Kim’s Hong Kong-based lawyers John Han, Su Mien Tee and Francesca Ip, along with patent attorney Dr. Marc Labgold, wrote in an article for Global Arbitration Review.
In the seventh episode of Kobre & Kim’s ten-part Wealth Talk series with Family Wealth Report on the global challenges facing high-net-worth individuals (HNWIs) and their advisers, Kobre & Kim’s Nicholas Surmacz, who focuses on investigations and enforcement related to EMEA, examined the investigation and extradition risks for HNWIs from Africa with Robin Rathmell.
Five months since the promulgation of the Hong Kong national security law, legal and commercial uncertainty for U.S. businesses in the territory is still high. As most international companies continue a “wait and see” approach, Kobre & Kim’s Wade Weems and Calvin Koo examine the current and coming risks facing them in an article for the U.S. China Business Council’s China Business Review.
Writing in a chapter of Global Investigation Review’s “Securities & Related Investigations Know-How,” Kobre & Kim’s Robin Baik and Daniel Lee, both based in Seoul, took a deep dive into the landscape of securities and financial investigations in Korea.
In the sixth episode of Kobre & Kim’s ten-part Wealth Talk series with Family Wealth Report on the global challenges facing high-net-worth individuals (HNWIs) and their advisers, Kobre & Kim’s Jason Short, who focuses on asset defense for HNWIs facing asset forfeiture and money laundering charges, delved into the “new era in the art world” with Robin Rathmell.
Investors who win arbitration awards against sovereign entities often find themselves facing the fresh challenge of standing up against a sovereign state. Kobre & Kim’s Andrew Stafford QC, who has deep experience enforcing against sovereign debtors, walks through how it can be done in a chapter first published in “Investor-State Arbitration 2021” by International Comparative Legal Guides.
In the fifth of Kobre & Kim’s ten-episode Wealth Talks series with Family Wealth Report on the challenges facing high-net-worth individuals and their advisers around the world, Robin Rathmell speaks with London-based Kobre & Kim lawyer Polly Wilkins, who develops cross-border litigation and reputation management strategies for ultra-high-net-worth individuals.
Crime bosses, kleptocrats and narcotraffickers have increasingly turned to the fine arts market to launder their illicit funds. How can law-abiding high-net-worth individuals (HNWIs) and stakeholders in the art market protect themselves and the industry? Kobre & Kim’s Robin Rathmell, who focuses on representing international private clients, discusses in an FTI Consulting podcast, “Fraud Eats Strategy,” with Scott Moritz.
In the fourth episode of Kobre & Kim and Family Wealth Report’s “Wealth Talk” series on cross-border litigation scenarios facing high-net-worth individuals (HNWIs) around the world, Kobre & Kim’s Evelyn Sheehan sat down with Robin Rathmell to discuss how clients in Latin America and around the world are increasingly within the extending reach of the U.S. Department of Justice (DOJ).
Kobre & Kim successfully persuaded a U.S. federal judge to dismiss a spoofing charge against a former Merrill Lynch trader on October 16, Reuters reported, a decision that may affect how prosecutors decide to charge violations of the anti-spoofing statute in the future.
In the third episode of our “Wealth Talk” series on cross-border litigation scenarios facing high-net-worth individuals (HNWIs) around the world, created by Kobre & Kim’s International Private Client (IPC) team and Family Wealth Report, Kobre & Kim’s Sean Buckley and Robin Rathmell sat down to discuss how clients with operations linked to Venezuela and other sanctioned countries should handle risks from U.S. sanctions.
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 2021” the ins-and-outs of gaining recognition and enforcement of foreign judgments in Brazil.
On October 6, 2020, the European Union removed the Cayman Islands from its tax blacklist, the list of non-cooperative jurisdictions for tax transparency purposes. While being on the list in and of itself had no major consequences for the Cayman Islands, the legislative and regulatory reforms brought in by the Government have made it easier to trace assets within the offshore center, Kobre & Kim’s Jalil Asif QC explained.
A typical instance of bribery occurs when an officer of a company bribes an official or politician. But who is the victim here – the company, whose assets were misappropriated, or the state, whose official abused his power? In English common law jurisdictions, the answer decides who receives any recovered assets, as Kobre & Kim’s Andrew Stafford QC and Evelyn Sheehan wrote in an analysis for International Comparative Legal Guides’ “Business Crime 2021.”
