Insights

• Korean and U.S. antitrust enforcers are working ever closer together in investigating potential anticompetitive behavior.
• Korean companies are at risk – even conduct based entirely in Korea could be scrutinized.
• We look at the enforcement hotspots and how Korean companies can deploy an effective multijurisdictional defensive strategy.

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• A coming global economic downturn will put sovereign debt under pressure.
• It may appear near impossible for creditors and investors to enforce this debt against sovereigns, but those who succeed can see extraordinary returns.
• We explain how deploying creative cross-border strategies can overcome the toughest sovereign debtors and unlock the key to success.

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• The Korean corporate landscape is becoming more favorable for activist campaigns.
• Foreign activist investors have new opportunities to push for change and maximize value, even against the biggest chaebols.
• Our team explains what these developments mean and how investors can take advantage.

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• Victims of large-scale and sophisticated fraud in Brazil may struggle to recover their assets by only using tools available in the domestic legal system.
• However, a growing interest in fighting cross-border crime by U.S. authorities, together with the power of tools in the U.S., provide victims with a potentially better path to success.
• Our cross-border team explains what strategies victims can deploy to achieve results.

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• Tightening global credit conditions will put more corporate high-yield debt issuers and private borrowers from emerging markets at risk of default.
• This can spiral into complex cross-border disputes with creditors, threatening the company’s survival.
• Fortunately, there are creative and aggressive strategies available for debtors to limit their exposure and protect their bottom lines.

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• The United Arab Emirates (UAE) is becoming increasingly friendly to global judgment creditors looking to enforce their judgments.
• Recent developments signal increased receptivity to fast-tracking recognition and enforcement through reciprocity.
• We survey the landscape and look at how the country can form a crucial part of a worldwide enforcement campaign.

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• Minority shareholders have options to stand up to majority shareholders and directors, such as unfair prejudice claims or derivative actions.
• However, if these do not achieve the desired result, one more tool is available to exert pressure: a just and equitable winding up.
• We lay out how this tool can be applied in five key jurisdictions for corporate structures in Asia.

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• Global sanctions targeting, among others, Russian individuals and entities are layering on top of anti-money laundering measures.
• These will directly impact players in the art market, raising their litigation and enforcement risks.
• We explain two particular triggers stakeholders should be aware of.

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• As the place of incorporation for many entities, Delaware has become a center for resolving high-stakes, cross-border insolvencies.
• But many parties, especially from outside the U.S., default to using Chapter 11 bankruptcy, when it can be long, drawn-out, unpredictable and costly.
• Our Insolvency and Delaware teams outline alternatives in the state that could be quicker and cheaper.

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• As geopolitical tensions heighten, Chinese ultra-high-net-worth individuals may become increasingly at risk of becoming the target of forfeiture by hostile foreign governments.
• Governments around the world have shown increasing willingness to go after assets owned by those in disfavored jurisdictions.
• By deploying a coordinated global strategy, Chinese UHNWIs can lawfully defend their legitimately earned wealth.

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• The U.S. Department of Justice has released new guidelines that signal their aggressive prosecution of individuals and companies outside the U.S.
• At-risk non-U.S. companies must understand the potential implications of the DOJ’s new position.
• Our global Government Enforcement Defense team explains why internationally based former U.S. government lawyers are best positioned to address the issues.

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• Brazil’s looming election could lead to a sharp shift in government and potentially, as part of a global trend, result in politically motivated investigations against rivals and their businesses.
• These investigations can involve misconstrued allegations or undermined due process, and can threaten even overseas assets.
• Our International Private Client team explains how politically exposed individuals can take proactive steps to protect their assets, liberty and reputation.

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• When crypto and blockchain companies, funds or exchanges find themselves the target of a sophisticated, large-scale fraud or cyber attack, speed through global reach is key.
• Companies often make impulsive decisions that imperil their recovery chances and business interests.
• The pseudonymous and borderless nature of cryptocurrency means companies need to take a cross-border and nontraditional approach to maximize success.

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• Recent developments in Korea have made Korean chaebols attractive to overseas activist investors.
• However, the intricacies of Korean capital markets and legal practice, and the influence of chaebols, mean investors need to tread carefully.
• Only by engaging in creative strategies that consider local and overseas factors can investors have the greatest chance of maximizing shareholder value.

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• Minority shareholders may be surprised to learn that they have effective options when a director or other fiduciary has harmed the company.
• However, the situation may be complicated when structures cross borders, as many corporate structures in Asia do, including spreading offshore.
• Our Claim Monetization team explores how shareholders can deploy derivative actions in five key jurisdictions across Asia Pacific, the UK and the Caribbean as part of an effective cross-border strategy.

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