Insights

• Debtors worldwide often attempt to shield their assets from collection by transferring them to Florida homesteads due to the broad and immediate protection against enforcement afforded by Florida’s constitution to homeowners.
• A recent ruling by the United States District Court for the Southern District of Florida in favor of a Kobre & Kim client marks an important step in addressing potential abuses of this protection.
• As possibly the first ruling to acknowledge that creditors may be able to collect against Florida homesteads purchased with proceeds from frauds not committed against them, it sets a precedent that could enhance creditors’ ability to enforce claims against debtors attempting to shield assets through homestead protections.

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• Kobre & Kim continues to strengthen its commitment to Greater China through additional investment in key recent hires.
• Building on its expertise in cross-border disputes, the firm has experienced a significant rise in demand in Greater China for international asset recovery, joint venture shareholder disputes, and government enforcement defense.

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• When a debt issuer falls into distress, Israeli investors need advice informed by deep knowledge of international insolvency and enforcement regimes, coupled with capabilities to aggressively protect and pursue their rights across the relevant jurisdictions. 
• Israel’s recent adoption of the Model Law on Cross-Border insolvency puts creditors on a firmer footing to leverage global insolvency tools by coordinating foreign and Israeli proceedings.
• A multi-jurisdictional approach allows international investors and creditors to gain leverage toward a favorable recovery.

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• International investors and other claimants have long struggled to enforce cross-border claims in the United Arab Emirates (UAE) and the wider Middle East.
• A 2024 precedent-setting decision in Dubai's High Court, secured by Kobre & Kim and local co-counsel, shows another avenue for global creditors to battle recalcitrant debtors and increase their chances of a swift and significant recovery on their cross-border claims.

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• The new U.S. administration will likely continue to embrace economic sanctions as a tool for pressuring political adversaries abroad.
• Recent moves include pressure on historically aligned nations such as Canada, Mexico, and Colombia and sanctions on the International Criminal Court (ICC).
• Should relations between the U.S. and other governments or organizations shift from the status quo, at-risk entities and individuals may take proactive steps to mitigate potential risks.

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• As creditors find ways to crack Delaware’s trusts, debtors should remain mindful of the debtor-friendly features of Delaware trust law.
• Delaware allows individuals to shield assets through a domestic asset protection trust (DAPT), where the trust's settlor is also the trust’s beneficiary. Using DAPTs, a settlor can shield his or her assets from creditors while retaining the right to benefit from those assets.
• Although DAPTs are inherently robust, settlors should take every precaution to maximize their protective measures.

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• Claimants in trade secret disputes around the world increasingly bring their claims to U.S. courts and the U.S. International Trade Commission (ITC).
• Kobre & Kim partner Michael Ng recently discussed the trend in his interview with IAM Magazine. 
• Kobre & Kim recently won a California case for firm client Propel Fuels, winning a US $604.9 million jury verdict in October—the most significant trade secret verdict of 2024.

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• As part of its continued growth in Latin America, Kobre & Kim has appointed Renata Ramalhosa as Regional Managing Director, based in São Paulo.
• Renata will expand and enhance relationships with local law firms, strategic advisors, key regional stakeholders, and clients outside of Brazil with Brazilian interests.
• Renata has held leadership roles in both the private and public sectors.

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• The U.S. Department of Justice (DOJ) continues to expand its aggressive enforcement efforts of non-U.S. individuals in money laundering investigations.
• Recent amendments to the statute of limitations for these violations have extended the prosecution timeframe from 5 to 7 years.
• At-risk individuals should take proactive steps to ensure they are protected.

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• As Africa's landscape continues to open new opportunities for investors in the extractive industries, challenges such as navigating high-risk jurisdictions and maintaining the support of governments and local business partners persist.
• Rapid political shifts can strain or irreparably damage relationships, while adverse actions by key local business partners can create significant operational hurdles.
• While the decision to operate in volatile markets can be a lucrative one, businesses and individuals can take the proactive steps below to ensure their investments stay protected.

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• The December 2024 Chapter 15 filing of Brazilian cement group Intercement is the latest in a series of insolvency cases involving Brazilian companies with cross-border implications.
• Navigating the multijurisdictional aspects of distressed situations could prove both demanding and rewarding for international creditors and investors.
• Since a recent bankruptcy law was enacted, several tools have become available in Brazil for international creditors looking to improve their leverage.

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• Under Korea’s 2024 Virtual Asset User Protection Act (the “Act”), crypto investors and traders active in Korea face significant regulatory risk.
• While many applaud its proactive effort to combat market manipulation in virtual asset trading, others express concerns over its broad definitions and potential impact on common market-making activities legitimately used in other financial markets.
• We explain how potential targets can prepare for arising risks during this period of transition and uncertainty.

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• Kobre & Kim currently represents ConocoPhillips in its efforts to enforce over US $10 billion in judgments and arbitration awards against the Republic of Venezuela and related state-owned entities. 
• A recent victory in the U.S. Third Circuit Court of Appeals has cleared a path for ConocoPhillips to enforce a judgment recognizing an ICSID award against Venezuela's state-owned oil company's shares in its Delaware subsidiary. 
• This victory shows how the "alter ego" theory can be used as an effective leverage point against a recalcitrant sovereign debtor, increasing claimant chances of achieving favorable returns.

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• Creditors and investors in sovereign debt are riding a wave of new opportunities driving returns with global public debt projected to exceed US$100 trillion by the end of 2024, making it possible to reap higher returns on claims against sovereigns previously thought too difficult to enforce.
• A well-thought-out strategy can increase returns and accelerate enforcement timelines.

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• The UK continues to use sanctions as an aggressive political strategy to attack adversarial governments and their perceived allies. 
• While Russian entities have borne the focus of these efforts in recent years, the potential use of secondary sanctions—targeting those with connections to sanctioned countries or individuals—could be on the horizon.
• This development may significantly impact Chinese businesses and citizens engaged in trade or holding interests in the UK.

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