Insights

• Brazil is seeking more investment from China, with almost half of China’s investments in South America being in Brazil.
• However, the recent wave of insolvencies in Brazil could threaten these investments, particularly if fraud is uncovered, leaving investors to navigate the complex Brazilian insolvency landscape.
• By undertaking a more assertive, multijurisdictional approach, combined with new insolvency tools in Brazil, investors can seek to gain the upper hand.

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• The U.S. Department of Justice announced a new policy promising companies leniency if they report uncovered misconduct within six months of a merger or acquisition.
• Though this may at first appear to be “good news,” it demonstrates the DOJ’s increasing aggressiveness to companies – including non-U.S. companies – that did not commit any wrongdoing.
• We look at why companies should be wary of cooperation, and how they can approach the DOJ more prudently.

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• Speed is critical for targets of large-scale cryptocurrency fraud or cyber-attacks.
• The borderless and pseudonymous nature of cryptocurrencies means stolen assets can be quickly dispersed around the world.
• Targets should deploy a speedy, global response, combined with non-traditional approaches, to increase the chances of a substantial recovery.

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• Investments from the Middle East into Mainland China are growing recently as many see increasing opportunities for returns.
• However, there are risks that may materialize if investors become embroiled in a global dispute with Chinese companies.
• Investors should consider ways to increase their leverage and expand their options, including by bringing disputes directly into China through Hong Kong.

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• The U.S. Department of Justice is continuing to extend its long arm jurisdiction into aggressively scrutinizing individuals in Latin America.
• Many targets may become embroiled in what can be overstated allegations, threatening their assets, liberty and reputation.
• Targets need to work with cross-border counsel knowledgeable in the DOJ’s tactics to push back as early as possible.

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• Debtor-friendly Delaware has strong asset protection laws that make it a destination of choice for global entities and individuals looking to hold their assets in a trust.
• This creates a headache for international creditors – recovering assets in a Delaware trust can seem like an insurmountable challenge.
• By adopting a creative, aggressive and multijurisdictional strategy, however, creditors can crack even Delaware’s notoriously tough trusts.

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• As governments increasingly use sanctions as a geopolitical tool, ultra-high-net-worth individuals – including those with connections to Cyprus – are at risk.
• Cypriot officials and financial institutions have already taken steps to target certain individuals, even those who are not sanctioned.
• We explain pre-emptive steps at-risk individuals and their advisors can take to mitigate the risks and protect themselves.

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• Korean banks are holding an increasing amount of non-performing loans, putting their financial health at risk.
• For many with large portfolios exposed to cross-border unsecured debt and loans to high-yield borrowers, sale and write downs may not be optimal.
• A cross-border strategy to monetize their claims could offer a superior alternative.

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• It is commonly assumed that it is difficult and impractical to enforcement judgments in the United Arab Emirates.
• However, this is increasingly untrue – even when no bilateral enforcement treaty exists, creditors can obtain recognition of their common law judgments.
• A recent Kobre & Kim case shows how that can happen.

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• U.S. regulators are aggressively stretching the bounds of their jurisdiction over the cryptocurrency and digital asset space.
• This puts exchanges, founders, investors and other parties at risk of increased uncertainty and risk of investigation and enforcement.
• Deference may not earn targets leniency – instead, as a recent Kobre & Kim settlement shows, standing up to the regulators can pay dividends.

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• Aggressive antitrust enforcement is a priority for the U.S., both at home and abroad.
• Korean companies are on the radar, particularly with alleged procurement fraud, putting them at risk of massive fines and multijurisdictional investigations.
• We explain the risks and responses Korean companies should consider.

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• More investors are taking their disputes against sovereign states and entities to arbitration and judicial forums.
• However, demanding payment of a defaulted debt, judgment or award does not always lead to the sovereign paying up.
• We explore aggressive non-traditional strategies investors should deploy to ensure a sovereign debtor agrees to a settlement.

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• Cross-border disputes involving ultra-high-net-worth individuals (UHNWIs) can often turn personal.
• Commercial counterparties may try to make the UHNWI individually liable, putting their personal assets at risk.
• However, if there is a connection to Delaware, UHNWIs can leverage the favorable tools available in the jurisdiction to resolve disputes in their favor.

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• As global geopolitical tensions rise, Cypriot-held assets are increasingly under threat.
• Governments, competitors and other counterparties are increasingly launching aggressive and often unwarranted attacks against the Cyprus assets of ultra-high-net-worth individuals.
• At-risk individuals should work with a cross-border team and local counsel to take strategic steps to defend their assets.

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• U.S. government antitrust agencies – including the U.S. Department of Justice Antitrust Division and Federal Trade Commission – have become increasingly aggressive in their enforcement.
• While this puts more multinational companies with U.S. links at risk, it could also present an opportunity.
• Our team explains how the changing antitrust enforcement environment can provide tools for companies to keep their competitors in check.

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