Insights | Kobre & Kim — Disputes and Investigations

Client Alert May 18, 2023

Pathways for Global Bondholders to Effectively Oppose Unjust UK Restructuring Plans

Global bond issuers looking to restructure their debt have often turned to English courts, relying on debtor-friendly rules such as the ability to cram down creditors.
Two recent English court decision, however, are improving prospects for global bondholders.
Creditors who are willing to take swift and forceful action against even the biggest players can see the greatest chances of success.

Client Alert May 10, 2023

How Israeli, Middle Eastern and African Individuals Should Respond to Criminal Allegations from Foreign Governments

Israeli and other Middle Eastern and African nationals are increasingly at risk as U.S. and Western enforcement agencies aggressively pursue cross-border actions, in many cases based on incomplete facts.
With cooperation from countries like Israel, those targeted can risk their assets, reputation and liberty if they are not adequately prepared.
We explain what steps individuals can take to push back and get the facts straight.

Client Alert May 4, 2023

Chinese Companies Should Not Shy Away From Potential Disputes Against Korean Chaebol Competitors

More Chinese companies are entering the Korean market, running head-on into family-owned conglomerates known as chaebols.
In a dispute, the overwhelming dominance of chaebols and the intricacies of the Korea legal market make it hard for Chinese companies to find a way out.
However, by combining creative legal and PR strategies, Chinese companies can put pressure on their competitors and protect their business interests.

Client Alert April 26, 2023

Non-U.S. Companies Beware: U.S. Corporate Leniency Programs May Not Achieve Best Outcome

Recent comments by top U.S. Department of Justice (DOJ) officials seem to signal an emphasis on leniency programs for companies cooperating on corruption and bribery investigations.
However, non-U.S. companies should not let their guard down – the DOJ continues to stretch the bounds of its jurisdiction to aggressively prosecute companies beyond the U.S.
We unpack counteroffensive strategies at-risk companies should consider to stand up to DOJ overreach and drive successful outcomes.

Client Alert April 12, 2023

Politically Exposed Persons Should Preemptively Manage Risks from A Regime Change

The tumultuous power transfer in Brazil has sparked investigations into the new administration’s political opponents.
This is an example of a larger global trend where regime change may result in politically motivated investigations, threatening a politically exposed person’s liberty, reputation and assets.
Our team walks through proactive steps those at risk can take to protect themselves.

Client Alert March 29, 2023

Global Creditors Can Successfully Fight Fraudulent Conveyance in Dubai

As a key economic center in the region, the United Arab Emirates (UAE) is increasingly the place where many international creditors go as they pursue their debtor’s assets.
However, some recalcitrant debtors may try to transfer their assets away to avoid payment in a fraudulent transfer.
Our team explores what strategies are available in the UAE to restore a creditor’s interests.

Client Alert March 22, 2023

Bringing a Global Perspective to Challenge Offshore Awards Successfully

Judgment and award debtors often hold assets in offshore jurisdictions such as the BVI – but these places are notoriously creditor- and enforcement-friendly.
When cornered by a creditor, debtors often find few – if any – legal avenues to challenge the claim against them.
However, a recent Kobre & Kim victory in the BVI demonstrates that, through deep familiarity of and ability to connect both offshore and foreign law, debtors can defy conventional wisdom and succeed.

Client Alert March 16, 2023

How Offshore Trustees and Beneficiaries Can Mitigate Serious Risks of a Sanctions Violation

Governments have increased focus on third parties – including offshore trustees – as they look to enforce their sanctions regimes.
This increases the risk trustees could become embroiled in an accusation of violating sanctions.
Trustees should take proactive, globally comprehensive measures to reduce their risk and avoid a cross-border crisis.

Client Alert March 10, 2023

How International Creditors Can Crack Delaware's Notoriously Tough Trusts

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.

Client Alert February 28, 2023

Don’t Overlook China in Difficult Chapter 11 Asset Recovery Efforts

In Chapter 11 bankruptcy cases where the chances of recovery seem slim, global unsecured creditors may have to get creative and look outside the U.S. to improve their prospects.
Assets in the People’s Republic of China (PRC) – the world’s second largest economy – offers a surprising source of asset recovery opportunities.
We explain how creditors can unlock value in China and maximize their recovery.

Client Alert February 22, 2023

Lessons from LBRY: Standing Up to Regulatory Oversight

The global crypto industry may have celebrated prematurely at a reported win by LBRY amici against the U.S. Securities and Exchange Commission.
In fact, enforcement threats are at an all-time high, and the SEC and other regulators are emboldened.
Only by matching the regulator’s aggressiveness with equally aggressive strategies can industry players see success.

Client Alert February 16, 2023

Traders Can Stand Up to Investigations from Regulators and Exchanges

U.S. government regulators are ramping up enforcement actions against traders for alleged market manipulation and spoofing.
Exchanges and self-regulatory organizations are piling on, subjecting traders to their own investigations.
Traders should not be afraid to stand up to these entities, and there are effective counteroffensive measures that can drive successful outcomes.

Client Alert February 8, 2023

Stopping the “Snowball Effect” of a Reputation Under Attack

Reputation is both a highly valuable and sensitive asset for ultra-high net worth individuals (UHNWIs), and is constantly at risk.
A strategically placed narrative aimed at undermining an individual’s commercial or political objectives can “snowball” to impact many aspects of their personal and professional lives.
We explain how defensive and proactive strategies can be deployed to defend an UHNWI’s reputation, demonstrate their source of wealth and protect their freedom of movement around the world.

Client Alert January 30, 2023

Korean Companies Should Prepare For Rising U.S.-Korea Parallel Antitrust Investigations

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

Achieving High Returns from Sovereign & States Disputes

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.