Client Alert January 30, 2023
- 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.
Client Alert January 25, 2023
- 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.
Client Alert January 18, 2023
Opportunities for Foreign Activist Investors to Take Advantage of Korea’s Shifting Corporate Landscape
- 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.
Client Alert January 9, 2023
- 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.
Client Alert December 22, 2022
- 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.
Client Alert December 14, 2022
- 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.
Client Alert December 7, 2022
- 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.
Client Alert November 30, 2022
- 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.
Client Alert November 23, 2022
- 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.
Client Alert November 9, 2022
How Chinese Ultra-High-Net-Worth Individuals Can Protect Their Global Wealth from Seizure in a High-Tension World
- 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.
Client Alert November 2, 2022
- 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.
Client Alert October 24, 2022
- 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.
Client Alert October 21, 2022
- 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.
Client Alert October 12, 2022
- 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.
Client Alert August 31, 2022
- 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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