Insights | Kobre & Kim — Disputes and Investigations

Publications June 7, 2017

Former U.S. Department of Justice Prosecutors Explore U.S. Regulation’s Impact on Israeli Companies

Given Israel’s increasingly outward-facing economy, Israeli companies and management personnel face increasing exposure to U.S. regulatory and prosecutorial oversight.

Publications June 2, 2017

Hong Kong-U.S. Team Analyzes the Rise in Cross-Territorial Government Enforcement Actions Between U.S. and China

New York and Hong Kong-based former U.S. Securities and Exchange Commission branch chief William F. McGovern, along with Hong Kong-based lawyers Shaun Z. Wu and Nan Wang, analyzes recent U.S. enforcement actions in China and implications for multinational companies in a recent Westlaw Journal article.

Publications May 31, 2017

John Han and Beau Barnes Identify U.S. Discovery as Key Tool in Hong Kong Cases

Under a little-known U.S. law, parties to proceedings in Hong Kong can take discovery in the US for use in a Hong Kong case.

Publications May 30, 2017

Global Insolvency Team Offers Strategies for Overcoming Jurisdictional Roadblocks in Cross-Border Involvencies and Investigations

Multijurisdictional insolvencies have been on the rise in recent years, and with claims against directors and officers also becoming more common, overcoming jurisdictional and foreign law hurdles are key to effectively recovering against directors of companies in cross-border insolvencies.

Publications May 30, 2017

Insolvency Lawyer D. Farrington Yates Dissects Industry Trends and the Shifting Landscape for Insolvency Practitioners

D. Farrington Yates offers an analysis of the keynote address at the INSOL 2017 Tenth World Congress, citing the need for directors to carefully balance competing stakeholder interests and embrace a changing global landscape.

Publications May 11, 2017

UK-Based Former U.S. DOJ Prosecutor Examines Cross-Border Privilege

U.S. lawyers conducting internal investigations in the UK should beware that the attorney-client privilege protections they enjoy in the U.S. may not apply in the UK.

Publications March 24, 2017

Former U.S. DOJ Prosecutor Jason Masimore Shares Tips for Navigating U.S.-European White-Collar Investigations

London-based former U.S. Department of Justice prosecutor Jason Masimore discusses the distinct approaches regulators in different jurisdictions take regarding whistleblowing, nonprosecution agreements and internal investigations in a recent Global Risk Regulator article.

Publications January 31, 2017

Former U.S. Federal Prosecutor Vasu Muthyala Analyzes the Anti-Corruption Landscape in India

India is the world’s third-largest economy and has become increasingly welcoming for foreign investors and multinational corporations in recent years.

Publications January 6, 2017

Israel-Based Former Federal Prosecutor Robert Henoch Discusses New IRS Reporting Requirements for U.S. Citizens Living in Israel

Robert W. Henoch, a former U.S. federal prosecutor based in Israel, together with Washington DC-based lawyer William J. Rosenzweig, provide practical solutions for U.S. taxpayers in Israel to navigate new IRS reporting requirements in a recent Law360 article.

Publications January 5, 2017

Anti-Corruption Policies in China and Hong Kong and the Implications for Companies Doing Business There

Asia-based lawyer Shaun Wu recently commented on the expansion of regulatory enforcement in both China and Hong Kong and the precautions that foreign corporations should take to ensure that they remain on the right side of the law as local governments crack down on bribery and corruption. In two articles published by Commercial Dispute Resolution, Mr. Wu notes trends in increased enforcement, observing the criminalization of practices once considered commonplace. He also offers tips for how to best oversee company policies when doing business in China and Hong Kong, and guidance on when to conduct internal reviews.

Publications December 5, 2016

Enforcing Foreign Arbitral Awards? Evolving Risks and Opportunities to Consider

International judgment enforcement lawyers Carrie Tendler and Michael Sanfilippo discuss three U.S. Court of Appeals decisions that will likely impact the speed and ease with which holders of foreign arbitral awards can enforce them in a recent article in Today’s General Counsel. The authors also explore the current unsettled landscape of arbitral awards and offer advice for developing an effective strategy, including how to settle, budget, and sell an award.

Publications November 21, 2016

Maximizing Asset Recovery in Insolvency Proceedings: Rebecca Hume and Randall Arthur Offer Thoughts on Strategy

In cross-border insolvency proceedings, it is often misguided to select a forum based on the location of the insolvent entity or group in an attempt to take advantage of familiarity of local rules or a “home-field advantage.” Insolvency lawyers Rebecca Hume, based in the Cayman Islands, and Randall Arthur, based in Hong Kong, discuss the strategic advantages to utilizing the insolvency procedures of foreign jurisdictions in addition to, or instead of the home jurisdiction in a recent INSOL World article. The article touches on several recent cases that highlight the importance of considering jurisdictional issues, both pre- and post-appointment, and how forum selection can impact a party’s strategy for maximizing recovery.

Publications November 21, 2016

Mitigating Risk in Asia-Based Internal Investigations: William McGovern, Eric Bruce, and Beau Barnes Discuss

Former federal lawyers William F. McGovern and Eric Bruce, along with Beau Barnes, address the inherent risk in conducting internal investigations in Asia in a recently published New York Law Journal article. Lending from their experience conducting internal investigations across the region, the lawyers address the common pitfalls, including vague state secrets rules, constantly changing data protection regimes, varying attorney-client privilege laws, and the ever-present challenge of language and cultural differences.

Publications November 18, 2016

Michael Kim and Robin Baik Tackle Cross-Border Legal Issues

In the law and practice of international investigations section of the Global Investigation Review, Michael Kim and Robin Baik discuss legal issues arising in cross-border investigations and regulatory enforcement matters in Korea.

Publications October 24, 2016

Roger Burlingame and Andrew Wang Explore Deferred Prosecution Agreements

As the Serious Fraud Office (SFO) puts a triumphant spin on the stutter-stepping start of the UK’s Deferred Prosecution Agreement (DPA) era, UK corporates considering the DPA route remain wary.