Client Alert November 30, 2022
Two Ways the Art World Could Get Swept into the Sanctions Orbit
- 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
Bankruptcy is Not the Only Way: Alternative Insolvency Techniques in Delaware
- 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
Non-U.S. Companies Beware: New U.S. DOJ Guidelines May Apply
- 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
The Upcoming Brazil Election and Risks for Politically Exposed Persons
- 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
Global Crisis Management For Targets of Large-Scale Crypto Fraud
- 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
Maximize Shareholder Value: Activist Investor Strategies in Korea
- 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
Enforcing Minority Shareholder Rights in Asia: A Comparative Guide to Derivative Actions
- 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.
Client Alert July 26, 2022
PRC Continues to Open Up in Recognizing Foreign Claims
- A Chinese court recently recognized a commercial judgment issued by the English High Court in a landmark judgment.
- China has also made it easier for Hong Kong arbitrations to be recognized and enforced in China, as well as opening the door to interim measures.
- Our Claim Monetization team analyzes what these developments mean to foreign judgment and award creditors looking for opportunities in a historically tricky jurisdiction.
Client Alert July 26, 2022
Enforcing Minority Shareholder Rights in Asia: A Comparative Guide to Unfair Prejudice
- Minority shareholders may have certain remedies available when they feel their rights have been unfairly prejudiced by the majority.
- However, the situation may be complicated when structures cross borders – typical corporate structures in Asia may spread across offshore and other key regions.
- Our Claim Monetization team lays out the basic parameters of the tools open to minority shareholders across five key jurisdictions.
Client Alert June 14, 2022
Kobre & Kim Helps PRC Clients Enforce US $171M Award in BVI
- Many parties, especially those based in Asia Pacific, soon discover that a recalcitrant debtor can frustrate enforcement of a hard-won arbitration award.
- In cross-border enforcement campaigns, the debtor may throw up obscure legal challenges to cause delays and distraction.
- A recent Kobre & Kim victory demonstrates how, through quick and strategic action, these distractions can be defeated and pressure can be maintained on the debtor.
Client Alert May 9, 2022
The Differences Between UK and EU Russian Sanctions
- The United Kingdom and the European Union are two critical jurisdictions that have implemented influential sanctions regimes against Russian entities.
- Given the UK’s departure from the EU, key differences exist that outside stakeholders must be attuned to.
- Learn the subtle yet consequential details in this reference guide, put together by Kobre & Kim’s International Private Client team.
Client Alert March 28, 2022
Maximizing Recovery Against a Sanctioned Sovereign
- Prices of Russian and other sovereign debt are falling as their economies buckle, presenting both opportunities and challenges for investors.
- Enforcing the debt against sovereign entities is already difficult, more so when sanctions are involved.
- As our Claim Monetization & Dilution team explains, non-traditional strategies may go further in putting maximum pressure on sovereigns and maximizing returns.
Client Alert January 26, 2022
Looking to Enforce a PRC “Keepwell Agreement”? Look Outside the PRC
- Mainland China is undergoing a wave of credit defaults, and creditors should use every tool available to maximize recovery.
- Keepwell agreements, a promise by a PRC onshore parent company to maintain an offshore debt issuer’s solvency, is one option for overseas enforcement.
- Creditors can use them to launch a multijurisdictional recovery campaign to drive up pressure on the debtor and reach a near-term settlement.
Client Alert January 24, 2022
U.S., Korea Antitrust Enforcers on Watch for Bid-Rigging in USFK Defense Contracts
- South Korea and U.S. antitrust regulators are increasing collaboration in cross-border matters, with the Biden administration gearing up enforcement.
- Potential targets include South Korean companies that conduct business with the U.S. Forces Korea (USFK).
- Our team explains why an aggressive, multi-jurisdictional defense is necessary to mitigate the risks
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