Bitcoin’s rise in price has coincided with its rise in attractiveness for a growing number of investors, including ultra-high-net-worth individuals (UHNWIs). However, UHNWIs and their advisers should be wary of potential legal exposure as legal regimes are evolving around the world, including in Asia-Pacific, Kobre & Kim’s Calvin Koo writes in Wealth Briefing Asia.
https://kobrekim.com/insights/publications/calvin-koo-article-wealth-briefing-asia-legal-risks-asia-pacific-investors-bitcoinDays before New York reached a settlement with digital currency trading platform Bitfinex after a long investigation, Ripple Labs registered as a business in Wyoming, underscoring the Swiss-cheese state of U.S. digital currency regulation and Wyoming’s effort to become the country’s digital currency center. Kobre & Kim’s Benjamin Sauter analyzed the current regulatory framework when he sat down with Cointelegraph.
https://kobrekim.com/insights/publications/benjamin-sauter-cointelegraph-us-state-vs-federal-digital-currency-regulationGhislaine Maxwell became the latest in a string of defendants held in pretrial detention in part because of her significant financial resources. With home confinement being more comfortable and allowing easier coordination with counsel, what can wealthy defendants do to make pretrial release more likely? Kobre & Kim’s Sean Buckley and Amanda Tuminelli explain in an article for Law360.
https://kobrekim.com/insights/publications/sean-buckley-amanda-tuminelli-pretrial-release-strategies-wealthy-defendants-law360The rise and fall of GameStop, Dogecoin and other meme stocks have left day traders and institutional investors angrily accusing each other of market manipulation. However, as Kobre & Kim’s Benjamin Sauter, Steven Perlstein, William McGovern and David McGill explained in an op-ed for CoinDesk, both sides may come to regret this shortsighted argument.
https://kobrekim.com/insights/publications/kobre-kim-lawyers-coindesk-dangers-calling-gamestop-rally-market-manipulationAround the world, government-led antitrust actions and associated private litigation—such as the ongoing “techlash” phenomenon in the United States—are on the rise. Many companies naturally view this trend as creating risk and possible exposure. But companies are also advised to consider how to deploy antitrust tools offensively.
https://kobrekim.com/insights/publications/benjamin-sirota-nicholas-surmacz-joshua-huang-antitrust-offensive-investigationsAs a result of recent developments, U.S. regulators and prosecutors are “armed with a new tactic” to use criminal wire fraud charges to target securities and digital currency traders, Kobre & Kim’s David McGill, Jonathan Cogan, Sean Buckley and Benjamin Sauter wrote in an article for Bloomberg Law.
https://kobrekim.com/insights/publications/kobre-kim-bloomberg-law-wire-fraud-theory-targets-securities-digital-currency-tradersA precedent-setting case has shown how recovering stolen digital assets may now be even easier than traditional asset recovery. Kobre & Kim’s Benjamin Sauter, who took part in that case, spoke with Forkast News about the case’s impact on the wider industry.
https://kobrekim.com/insights/publications/benjamin-sauter-explains-precedent-setting-digital-currency-recovery-caseAs U.S. financial regulators meet to discuss the wild market swings in GameStop and other stocks, Kobre & Kim’s David McGill told Compliance Week that what happened may just be “the tip of the iceberg.”
https://kobrekim.com/insights/publications/david-mcgill-discusses-implications-of-gamestop-rally-with-compliance-weekAs part of the recent National Defense Authorization Act (NDAA), the Anti-Money Laundering Act of 2020 substantially expands the United States’ anti-money laundering (AML) regime, which may pose far-reaching implications to high-net-worth individuals (HNWIs) and politically exposed persons. Kobre & Kim’s Evelyn Sheehan and Jason Short spell out the consequences in an article for Law360.
https://kobrekim.com/insights/publications/evelyn-sheehan-jason-short-us-aml-risks-high-net-worth-politically-exposed-personsReddit users’ efforts to squeeze short sellers by driving up the stock price of Gamestop has drawn the attention of regulators. Kobre & Kim’s Andrew Lourie, a former U.S. Department of Justice lawyer focused on market manipulation, analyzed what legal action may follow when he sat down with Yahoo Finance.
https://kobrekim.com/insights/publications/andrew-lourie-market-manipulation-legal-risks-facing-gamestop-tradersKobre & Kim co-founder Steven Kobre joined the New York State Bar Association’s Managing Partner Roundtable on January 21, 2021 to discuss how law firm managing partners are combatting the multifaceted challenges posed by COVID-19. Mr. Kobre joined fellow managing partners from McGuireWoods, Steptoe & Johnson, Boies Schiller Flexner, Patterson Belknap Webb & Tyler, Ropes & Gray, Robinson & Cole and Hogan Lovells.
https://kobrekim.com/insights/publications/steven-kobre-joins-managing-partner-roundtable-on-addressing-covid-19-challengesIt may be surprising to learn that there can be a broad overlap between U.S. bankruptcy law and litigation involving high-net-worth individuals (HNWIs), but as Kobre & Kim’s Farrington Yates explained in the tenth episode of Kobre & Kim’s series with Family Wealth Report on global challenges facing HNWIs, the available tools can be powerful.
https://kobrekim.com/insights/publications/wealth-talk-farrington-yates-us-insolvency-cross-border-information-gatheringThough often perceived as opposing forces, antitrust and intellectual property (IP) law are now converging in courtrooms around the world. How can in-house and general counsel navigate cases where one must balance free competition with limited monopolies? Kobre & Kim lawyers Benjamin Sirota, Daniel Zaheer and Michael Ng, discussed the intersection of IP and antitrust with Richard Levick in the first episode of the In House Warrior podcast’s three part “Antitrust” series.
https://kobrekim.com/insights/publications/benjamin-sirota-daniel-zaheer-michael-ng-intersection-antitrust-intellectual-propertyThe U.S. Treasury Department is set to extend anti-money laundering (AML) regulations to the antiquities market. Kobre & Kim’s Polly Wilkins, who focuses on representing ultra-high-net-worth individuals in international disputes, analyzed what may happen when she sat down with The Wall Street Journal.
https://kobrekim.com/insights/publications/polly-wilkins-analyzes-us-extend-aml-regulations-antiquities-market-wall-street-journalAs companies try to predict U.S. sanctions trends in 2021 by looking at enforcement activity last year, they may be tempted to see a downward trend. However, Kobre & Kim’s Evelyn Sheehan cautions against this conclusion when she sat down with Global Trade Review.
https://kobrekim.com/insights/publications/evelyn-sheehan-possible-boost-us-sanctions-enforcement-2021-global-trade-reviewThe recent National Defense Authorization Act significantly expands the scope of foreign bank records U.S. authorities can subpoena, allowing them to track money outside the U.S., Kobre & Kim’s Nicholas Surmacz told Global Investigations Review.
https://kobrekim.com/insights/publications/nicholas-surmacz-evaluates-new-us-powers-to-subpoena-foreign-banks-in-girFor high-net-worth individuals (HNWIs), evaluating asset structures from a transactional perspective is not enough. As Kobre & Kim’s Carrie Tendler explained in the ninth episode of Kobre & Kim’s ten-part Wealth Talk series with Family Wealth Report on global challenges facing HNWIs, looking at litigation risks should be a key part of the assessment as well.
https://kobrekim.com/insights/publications/wealth-talk-carrie-tendler-litigation-risks-necessary-part-of-asset-structure-evaluationThe expected adoption of the Uyghur Forced Labor Prevention Act by the U.S. adds yet another tool in its increasingly confrontational posture against China, adding pressure to both Chinese and U.S. companies, Kobre & Kim’s Wade Weems and William Weightman wrote in the Anti-Corruption Report.
https://kobrekim.com/insights/publications/wade-weems-analyzes-uyghur-forced-labor-prevention-act-anti-corruption-reportAs a new Attorney General is set to take the helm under the Biden administration, newly enacted laws provide the U.S. Department of Justice with new tools to fight foreign corruption. Kobre & Kim’s Nicholas Surmacz sat down with Law360 to analyze one of those tools.
https://kobrekim.com/insights/publications/nicholas-surmacz-unpacks-new-kleptocracy-asset-recovery-rewards-act-law360A French bank’s settlement with the U.S. Office of Foreign Assets Control (OFAC) over sanctions breaches is “a good example of ‘bread and butter’ sanctions enforcement by OFAC,” Kobre & Kim’s Evelyn Sheehan told Global Trade Review in her analysis of the case.
https://kobrekim.com/insights/publications/evelyn-sheehan-explains-recent-ofac-enforcement-actions-global-trade-reviewAfter revelations that QAnon and 8chan conspiracy websites were hosted by a Hamas-linked firm that relies on a data center in the U.S., Kobre & Kim’s Sean Buckley spoke with investigative reporter Brian Krebs’ blog, KrebsOnSecurity, to analyze the potential legal ramifications for U.S.-based companies tied to designated terrorist organizations.
https://kobrekim.com/insights/publications/sean-buckley-analyzes-sanctions-risks-us-data-firm-linked-qanon-hamas-websitesWith the U.S. Commodity Futures Trading Commission (CFTC) expected to come under Democratic leadership in 2021, Kobre & Kim’s David McGill told Law360 what he expects the regulator’s policy agenda to look like in the new year.
https://kobrekim.com/insights/publications/david-mcgill-on-the-cftc-policy-agenda-in-2021Tech will remain one of the critical battlegrounds between the U.S. and China in 2021, even as a new administration is set to take office in the U.S. Kobre & Kim’s Shanghai-based Wade Weems spoke with the South China Morning Post on one of clashes that will continue into this year.
https://kobrekim.com/insights/publications/wade-weems-discusses-enduring-us-china-conflict-over-tiktok-south-china-morning-postIn the eighth episode of Kobre & Kim’s ten-part Wealth Talk series with Family Wealth Report on global challenges facing high-net-worth individuals (HNWIs) and their advisers, Kobre & Kim’s Jonathan Cogan, who focuses on financial, joint venture and partnership disputes, examined the power of utilizing U.S. courts in foreign business disputes.
https://kobrekim.com/insights/publications/wealth-talk-jonathan-cogan-opportunities-risks-utilizing-us-courts-joint-venture-disputesAs the recent case of Jia Yueting demonstrates, the commonly shared idea among Chinese companies that Chinese court judgments and arbitral awards cannot be enforced outside China, particularly in offshore jurisdictions, is a misconception. Kobre & Kim’s Tim Haynes, John Han and Jason Kang explain in an article for the Chinese investigative media Caixin.
https://kobrekim.com/insights/publications/tim-haynes-john-han-jason-kang-dispel-myths-enforcing-chinese-judgments-awards-overseas-in-caixinA recent decision by a Hong Kong court demonstrates the importance of the initial decision by both arbitral award creditors and debtors of where and when to enforce or challenge an award, Kobre & Kim’s Hong Kong-based lawyers John Han, Su Mien Tee and Francesca Ip, along with patent attorney Dr. Marc Labgold, wrote in an article for Global Arbitration Review.
https://kobrekim.com/insights/publications/john-han-su-mien-tee-francesca-ip-hong-kong-ruling-challenging-enforcing-awards-garIn the seventh episode of Kobre & Kim’s ten-part Wealth Talk series with Family Wealth Report on the global challenges facing high-net-worth individuals (HNWIs) and their advisers, Kobre & Kim’s Nicholas Surmacz, who focuses on investigations and enforcement related to EMEA, examined the investigation and extradition risks for HNWIs from Africa with Robin Rathmell.
https://kobrekim.com/insights/publications/wealth-talk-nicholas-surmacz-investigations-and-extradition-risks-facing-african-hnwisFive months since the promulgation of the Hong Kong national security law, legal and commercial uncertainty for U.S. businesses in the territory is still high. As most international companies continue a “wait and see” approach, Kobre & Kim’s Wade Weems and Calvin Koo examine the current and coming risks facing them in an article for the U.S. China Business Council’s China Business Review.
https://kobrekim.com/insights/publications/wade-weems-calvin-koo-first-months-hong-kong-national-security-law-china-business-reviewWriting in a chapter of Global Investigation Review’s “Securities & Related Investigations Know-How,” Kobre & Kim’s Robin Baik and Daniel Lee, both based in Seoul, took a deep dive into the landscape of securities and financial investigations in Korea.
https://kobrekim.com/insights/publications/robin-baik-and-daniel-lee-explain-securities-investigations-in-korea-for-girIn the sixth episode of Kobre & Kim’s ten-part Wealth Talk series with Family Wealth Report on the global challenges facing high-net-worth individuals (HNWIs) and their advisers, Kobre & Kim’s Jason Short, who focuses on asset defense for HNWIs facing asset forfeiture and money laundering charges, delved into the “new era in the art world” with Robin Rathmell.
https://kobrekim.com/insights/publications/wealth-talk-jason-short-on-the-regulatory-crackdown-in-the-global-art-worldInvestors who win arbitration awards against sovereign entities often find themselves facing the fresh challenge of standing up against a sovereign state. Kobre & Kim’s Andrew Stafford QC, who has deep experience enforcing against sovereign debtors, walks through how it can be done in a chapter first published in “Investor-State Arbitration 2021” by International Comparative Legal Guides.
https://kobrekim.com/insights/publications/andrew-stafford-qc-enforce-investor-state-arbitration-awards-against-recalcitrant-sovereign-entitiesIn the fifth of Kobre & Kim’s ten-episode Wealth Talks series with Family Wealth Report on the challenges facing high-net-worth individuals and their advisers around the world, Robin Rathmell speaks with London-based Kobre & Kim lawyer Polly Wilkins, who develops cross-border litigation and reputation management strategies for ultra-high-net-worth individuals.
https://kobrekim.com/insights/publications/polly-wilkins-on-how-european-private-clients-can-address-reputation-challenges-in-2021Crime bosses, kleptocrats and narcotraffickers have increasingly turned to the fine arts market to launder their illicit funds. How can law-abiding high-net-worth individuals (HNWIs) and stakeholders in the art market protect themselves and the industry? Kobre & Kim’s Robin Rathmell, who focuses on representing international private clients, discusses in an FTI Consulting podcast, “Fraud Eats Strategy,” with Scott Moritz.
https://kobrekim.com/insights/publications/robin-rathmell-on-fighting-money-laundering-in-the-art-marketIn the fourth episode of Kobre & Kim and Family Wealth Report’s “Wealth Talk” series on cross-border litigation scenarios facing high-net-worth individuals (HNWIs) around the world, Kobre & Kim’s Evelyn Sheehan sat down with Robin Rathmell to discuss how clients in Latin America and around the world are increasingly within the extending reach of the U.S. Department of Justice (DOJ).
https://kobrekim.com/insights/publications/wealth-talk-evelyn-sheehan-dojs-long-reach-towards-latin-america-hnwisKobre & Kim successfully persuaded a U.S. federal judge to dismiss a spoofing charge against a former Merrill Lynch trader on October 16, Reuters reported, a decision that may affect how prosecutors decide to charge violations of the anti-spoofing statute in the future.
https://kobrekim.com/insights/publications/us-federal-judge-sides-with-kobre-and-kim-potentially-far-reaching-spoofing-decisionIn the third episode of our “Wealth Talk” series on cross-border litigation scenarios facing high-net-worth individuals (HNWIs) around the world, created by Kobre & Kim’s International Private Client (IPC) team and Family Wealth Report, Kobre & Kim’s Sean Buckley and Robin Rathmell sat down to discuss how clients with operations linked to Venezuela and other sanctioned countries should handle risks from U.S. sanctions.
https://kobrekim.com/insights/publications/wealth-talk-sean-buckley-on-navigating-us-sanctions-risksLatin America’s recent economic boom has led many to proclaim it “inevitable” that Brazil becomes a center of international disputes. Kobre & Kim’s São Paulo-based lawyers Gabriela Ruiz, Scott Nielson and Carolina Leung explain in a chapter for Lexology’s “Enforcement of Foreign Judgments 2021” the ins-and-outs of gaining recognition and enforcement of foreign judgments in Brazil.
https://kobrekim.com/insights/publications/gabriela-ruiz-scott-nielson-carolina-leung-on-enforcing-foreign-judgments-in-brazilOn October 6, 2020, the European Union removed the Cayman Islands from its tax blacklist, the list of non-cooperative jurisdictions for tax transparency purposes. While being on the list in and of itself had no major consequences for the Cayman Islands, the legislative and regulatory reforms brought in by the Government have made it easier to trace assets within the offshore center, Kobre & Kim’s Jalil Asif QC explained.
https://kobrekim.com/insights/publications/jalil-asif-qc-eu-removing-cayman-tax-blacklist-signals-easier-asset-tracing-offshore-centerA typical instance of bribery occurs when an officer of a company bribes an official or politician. But who is the victim here – the company, whose assets were misappropriated, or the state, whose official abused his power? In English common law jurisdictions, the answer decides who receives any recovered assets, as Kobre & Kim’s Andrew Stafford QC and Evelyn Sheehan wrote in an analysis for International Comparative Legal Guides’ “Business Crime 2021.”
https://kobrekim.com/insights/publications/andrew-stafford-qc-evelyn-sheehan-ask-who-owns-bribe-expert-analysis-chapter-iclgDue to the global nature of fraud, and with rises in cases during the pandemic, it is important to stay abreast with developments in asset tracing tools around the world. Nine Kobre & Kim lawyers contributed three chapters on the ins-and-outs and latest trends of asset tracing in the British Virgin Islands, Hong Kong and South Korea in the newest edition of The Asset Tracing and Recovery Review.
https://kobrekim.com/insights/publications/kobre-and-kim-lawyers-examine-the-latest-asset-tracing-trends-in-bvi--hong-kong-and-south-koreaThe U.S. Department of Justice (DOJ) has enforced the Foreign Corrupt Practices Act (FCPA) at a record pace last year, building on a trend of the agency extending their reach extraterritorially, particularly over jurisdictions in Latin America. Kobre & Kim’s Evelyn Sheehan and Jason Short explain the DOJ’s expanding reach and provide some advice for private client professionals to navigate this landscape in an article for the Anti-Corruption Report.
https://kobrekim.com/insights/publications/evelyn-sheehan-and-jason-short-on-dojs-growing-reach-into-latin-americaIn the second episode of our “Wealth Talk” series on litigation scenarios facing high-net-worth individuals (HNWIs) around the world, created by Kobre & Kim’s International Private Client (IPC) team and Wealth Briefing, Kobre & Kim’s John Han sat down with Robin Rathmell to discuss risks to HNWIs and their wealth professionals as they shift assets out of Hong Kong.
https://kobrekim.com/insights/publications/wealth-talk-john-han-risks-strategies-wealth-advisers-clients-shifting-wealth-out-of-hong-kong“The coronavirus pandemic has created a legal minefield for companies,” opens the Wall Street Journal in a recent article exploring vulnerabilities such as remote working, complex government regulations and travel restrictions. Kobre & Kim’s Scott Hulsey, who specializes in complex government investigations and was a federal prosecutor with the U.S. Department of Justice and Chief Compliance Officer at General Electric, sat down with the Journal to discuss the ins and outs of investigations work in an almost fully remote world.
https://kobrekim.com/insights/publications/scott-hulsey-discusses-new-legal-perils-triggered-by-pandemic-wall-street-journalThe ownership over TikTok is just the latest geopolitical fight between the U.S. and China, and a recently announced deal between TikTok and Oracle is now shrouded in uncertainty. Kobre & Kim’s Wade Weems, a Shanghai-based former U.S. Department of Justice National Security Division prosecutor, offers his thoughts on the deal in Politico.
https://kobrekim.com/insights/publications/wade-weems-weighs-in-on-prospects-of-probable-tiktok-deal-in-politicoAs the case of Huawei CFO Meng Wanzhou demonstrates, Chinese high-net-worth individuals can easily become targets of U.S. criminal charges and U.S. civil and regulatory penalties based on alleged economic crimes, even if they never step foot on U.S. soil. Kobre & Kim’s Wade Weems, Chang Liu and Nan Wang walk through the risks and offer some mitigation strategies in an article in China Banking News.
https://kobrekim.com/insights/publications/wade-weems-chang-liu-nan-wang-us-enforcement-risks-wealthy-chinese-individualsHerbalife Nutrition Ltd. has settled with the U.S. Securities and Exchange Commission (SEC) and Department of Justice (DOJ) after a years-long investigation into Foreign Corrupt Practices Act (FCPA) violations in China. Kobre & Kim’s Wade Weems, a Shanghai-based former DOJ prosecutor, analyzed the settlement with the Anti-Corruption Report.
https://kobrekim.com/insights/publications/wade-weems-analyzes-herbalife-fcpa-settlement-with-anti-corruption-reportChina’s enactment of the Hong Kong national security law, as well as the U.S. response, have caused many Hong Kong-based ultra-high-net-worth individuals (UHNWIs) and family offices to consider moving assets out of the region. Kobre & Kim’s John Han, Evelyn Sheehan and Wade Weems analyzed the relevant risks and offered some advice in an article for Law.com International.
https://kobrekim.com/insights/publications/john-han-evelyn-sheehan-wade-weems-risks-wealthy-hong-kong-individuals-moving-assets-abroadWith TikTok’s partnership deal with Oracle cutting it close to the Trump administration’s September 20 deadline and falling short of an outright sale, Kobre & Kim’s Wade Weems, a Shanghai-based former U.S. Department of Justice National Security Division prosecutor, sat down with the Hong Kong-based newspaper South China Morning Post to examine the likely next steps.
https://kobrekim.com/insights/publications/wade-weems-looks-at-next-steps-after-tiktok-oracle-deal-south-china-morning-postDespite, and in some cases because of, the pandemic, offshore jurisdictions such as the Cayman Islands and the British Virgin Islands (BVI) central to global restructuring efforts have been undergoing notable changes. Kobre & Kim’s Ulrich Payne sat down with Burford Capital’s The Burford Quarterly as part of a roundtable discussion to examine these ongoing trends.
https://kobrekim.com/insights/publications/ulrich-payne-analyzes-offshore-insolvency-litigation-finance-trends-with-burford-capitalIn the first installment of a ten-episode series partnership between Kobre & Kim’s International Private Client (IPC) team and Wealth Briefing on the spectrum of litigation scenarios facing high-net-worth individuals (HNWIs) around the world in 2020, Kobre & Kim’s Robin Rathmell sat down for a Q&A with Wade Weems, a Shanghai-based former U.S. Department of Justice (DOJ) prosecutor, on risks facing international private clients in Greater China amidst ongoing U.S.-China trade tensions.
https://kobrekim.com/insights/publications/ipc-video-series-wade-weems-us-china-trade-war-risks-to-chinese-individualsWhat is the response to the latest attacks on the Ethereum Classic (ETC) blockchain, and what does this mean for the blockchain and digital currency industry as a whole? Kobre & Kim’s Benjamin Sauter, joined by CEO of ETC Labs Terry Culver, discussed these issues and more in a video interview with Forkast News.
https://kobrekim.com/insights/publications/benjamin-sauter-responding-ethereum-classic-attack-implications-blockchain-industryThe usual response of companies to subpoenas from the U.S. Commodity Futures Trading Commission (CFTC) is to cooperate. However, cooperation very often leads down a road to “organized surrender.” There is an alternate strategy that can bring success, Kobre & Kim’s Benjamin Sauter explained in an Op-Ed for Traders Magazine.
https://kobrekim.com/insights/publications/benjamin-sauter-advocates-taking-on-the-cftc-in-traders-magazine-op-edA new framework between six antitrust agencies in five countries, including the U.S. Department of Justice and Federal Trade Commission, “confirms the increasingly cross-border nature of antitrust enforcement,” Kobre & Kim’s Benjamin Sirota told Compliance Week.
https://kobrekim.com/insights/publications/benjamin-sirota-new-international-antitrust-cooperation-framework-compliance-weekLike many other multilateral development banks, the World Bank Group has raised the profile of its sanctions system as it seeks to combat fraud and corruption. However, the distinctiveness of many aspects of Chinese law often makes the World Bank’s system more complicated when the two meet, as Kobre & Kim’s Wade Weems and William Weightman wrote with others in an analysis for Thomson Reuters' Practical Law.
https://kobrekim.com/insights/publications/wade-weems-analyzes-world-bank-investigations-from-a-chinese-perspectiveA recent judgment by the Court of Appeal of England and Wales has important implications for the court’s intervention in international arbitrations and their treatment of arguments based on abuse of process and Henderson v Henderson, Kobre & Kim’s Andrew Stafford QC wrote in an article first published by Lexis®PSL on August 4, 2020.
https://kobrekim.com/insights/publications/andrew-stafford-qc-koza-v-koza-altin-isletmeleri-cross-border-arbitration-fundingWith increased activity among U.S.-listed, Cayman-based Chinese companies as a result of U.S. scrutiny, section 238 of the Cayman Islands’ Companies Law has garnered fresh interest. Kobre & Kim’s Rebecca Hume looks at the law as part of an analysis by CTFN.
https://kobrekim.com/insights/publications/rebecca-hume-on-unsettled-questions-of-cayman-section-238A proposed New York state antitrust law could go beyond U.S. federal standards and resemble something closer to European law. Kobre & Kim’s Benjamin Sirota, a former U.S. Department of Justice antitrust prosecutor, examines the difference in Crain’s New York Business.
https://kobrekim.com/insights/publications/benjamin-sirota-contrasts-us-european-antitrust-regime-crains-new-york-businessThe seizure of 1.1 million barrels of Iranian oil bound for Venezuela by the U.S. government is a “heavy sledgehammer” based on “a tactical legal innovation,” Kobre & Kim’s Evelyn Sheehan and Beau Barnes said to Global Trade Review.
https://kobrekim.com/insights/publications/evelyn-sheehan-beau-barnes-us-sledgehammer-seizure-iranian-oil-global-trade-reviewThe U.S. seizure of four Iranian oil tankers carrying 1.12 million barrels to Venezuela is an “escalation” of U.S. sanctions against both countries, Kobre & Kim’s Evelyn Sheehan, a former deputy chief of the Department of Justice Southern District of Florida’s asset forfeiture division, recently told S&P Global Platts.
https://kobrekim.com/insights/publications/evelyn-sheehan-us-seizure-iranian-oil-venezuela-sandp-global-plattsThe U.S. has cornered ByteDance, the Chinese parent of TikTok, leaving it with no easy options, Kobre & Kim’s Wade Weems, a Shanghai-based former U.S. Department of Justice National Security Division prosecutor, told the South China Morning Post.
https://kobrekim.com/insights/publications/wade-weems-assesses-tiktok-legal-options-us-for-south-china-morning-postFor the first time in several years, the U.S. Treasury Department has pursued a sanctions-related case against an individual, which could be a potential sign of things to come, Kobre & Kim’s Beau Barnes told the Wall Street Journal.
https://kobrekim.com/insights/publications/kobre-kim-analyzes-first-ofac-case-against-individual-in-years-wall-street-journalBusinesses that fall victim to ransomware attacks will have to factor in the additional impact of U.S. Treasury Department sanctions, Kobre & Kim’s Jason Short told Legaltech News.
https://kobrekim.com/insights/publications/jason-short-on-ofac-sanctions-and-ransomware-paymentsThe U.S. Commodity Futures Trading Commission (CFTC) recently outlined its strategic plans for the regulation of cryptocurrencies by 2024. Kobre & Kim’s Benjamin Sauter sat down with Forkast.News to explain the potential implications.
https://kobrekim.com/insights/publications/benjamin-sauter-cftc-strategic-plan-digital-assetsKobre & Kim founding partner Michael Kim sat down with Law360 as part of their ongoing “Law Firm Leaders” series to discuss topics such as the firm’s past and future, the lawyers the firm looks for and the effects of the pandemic on business.
https://kobrekim.com/insights/publications/michael-kim-law360-firm-past-present-and-futureThe U.S. cannot outright “ban” TikTok, a social media app many worry is linked to the Chinese government. However, as Kobre & Kim’s Wade Weems, Nathan Park and Beau Barnes wrote in Foreign Policy, the U.S. government still has numerous tools to use against the app.
https://kobrekim.com/insights/publications/wade-weems-nathan-park-beau-barnes-us-government-hurt-tiktokThough the U.S. Department of Justice’s Kleptocracy Asset Recovery Initiative has recovered billions in corrupt proceeds, the return of the money to still corrupt or autocratic regimes without risking further misconduct has been a challenge, Kobre & Kim’s Evelyn Sheehan pointed out when she sat down with Global Investigations Review.
https://kobrekim.com/insights/publications/evelyn-sheehan-doj-challenges-in-returning-corrupt-proceedsKobre & Kim’s Benjamin Sirota analyzed recent trends in the U.S. Department of Justice Antitrust Division’s approach to price-fixing cases for Law360’s review of antitrust cases in 2020 so far.
https://kobrekim.com/insights/publications/ben-sirota-doj-antitrust-division-new-approach-to-price-fixing-casesWriting in a chapter for Global Investigations Review’s “GIR Know How: Extradition”, Kobre & Kim’s founding partner Michael Kim and Seoul-based lawyer Daniel Lee detail the current landscape and legal requirements for extradition from South Korea.
https://kobrekim.com/insights/publications/michael-kim-daniel-lee-explain-extradition-in-south-korea-for-girThe Trump Administration’s recent announcement to end its preferential treatment of Hong Kong in regards to trade bears significant potential consequences for the East Asian city. As such, in a Hong Kong Lawyer article, Kobre & Kim’s Wade Weems and John Han warned Hong Kong-based businesses to prepare for a more troubled U.S.-Hong Kong trading relationship and legal environment.
https://kobrekim.com/insights/publications/wade-weems-john-han-hong-kong-loss-of-us-preferential-trading-statusBeneath the rosy India-U.S. relationship lies an increased risk of U.S. scrutiny and enforcement against multinational companies operating in India, as current U.S.-China relations demonstrate, Kobre & Kim’s Vasu Muthyala warned in an article for Law360.
https://kobrekim.com/insights/publications/vasu-muthyala-law360-indian-companies-should-prepare-for-risk-of-us-enforcementKobre and Kim’s William McGovern was featured on Corporate Counsel Business Journal’s “In House Warrior” Podcast to discuss the recent rise in whistleblowing, particularly in the United States and Asia.
https://kobrekim.com/insights/publications/podcast-william-mcgovern-recent-rise-future-whistleblowing-programsIn advance of Kobre & Kim’s participation in this year’s China International Import Expo (CIIE), Managing Director of China Lian Lian sat down with event organizers to discuss the firm’s decision to attend one of the year’s biggest cross-border trade events, which features importers from every province in China and across every industry.
https://kobrekim.com/insights/publications/lian-lian-covid-cross-border-trade-disputes-global-challenges-chinese-companies-2020A recent civil forfeiture application from the U.S. Department of Justice (DOJ) is further evidence of their increasing attempts to seize assets outside the U.S. in national security cases, Kobre & Kim’s Evelyn Sheehan recently told Global Investigations Review.
https://kobrekim.com/insights/publications/evelyn-sheehan-doj-civil-forfeiture-bid-against-iranian-oil-en-route-to-venezuelaSharing his expertise on a broad range of topics, from Chinese ultra-high-net-worth individuals (UHNWIs), the Hong Kong legal system, the impact of COVID-19, forum shopping, and stress-testing and forward planning for UHNWIs, Kobre & Kim’s John Han joined the latest Citywealth “Live Session” for an in-depth interview.
https://kobrekim.com/insights/publications/john-han-chinese-uhnwis-hong-kong-covid-19-litigation-citywealthTel Aviv-based lawyer Jeremy Bressman recently sat down with IsraelDesks to discuss trends he is keeping an eye on as the legal landscape adjusts to a world during COVID-19.
https://kobrekim.com/insights/publications/jeremy-bressman-discusses-post-covid-19-legal-trends-with-israeldesksIsrael parties will face a coming wave of cross-border litigation and arbitration as a result of the COVID-19 economic downturn. Kobre & Kim’s Jeremy Bressman, Farrington Yates and Robert Henoch wrote for Calcalist on how Israel practitioners can boost their cases by leveraging powerful discovery tools in the U.S. that are unavailable in Israel.
https://kobrekim.com/insights/publications/kobre-kim-lawyers-using-us-discovery-for-israeli-disputesRecipients of the US $2 trillion aid package passed by the Coronavirus Aid, Relief and Economic Security (CARES) Act, including airlines, banks and other U.S. multinationals, should prepare for the likelihood of U.S. congressional investigations stretching beyond U.S. borders, as Kobre & Kim’s Scott Hulsey, Lara Levinson and Hartley West wrote for Global Investigations Review.
https://kobrekim.com/insights/publications/us-congressional-investigations-of-covid-19-federal-aid-likely-to-go-globalThe United Kingdom’s unexplained wealth order (UWO) is engaged in a balancing act between the need to uncover illicit money, the UK’s guaranteed rights and status as a financial center, and the careful scrutiny from courts, as Kobre & Kim’s Nick Cherryman explained to WealthBriefing.
https://kobrekim.com/insights/publications/nick-cherryman-hidden-tensions-behind-uk-unexplained-wealth-ordersUnlike the United States, East Asian countries do not routinely make use of monitorships as a tool of regulatory enforcement or internal compliance. However, new trends are beginning to emerge, as Kobre & Kim’s Jason Kang, Daniel Lee, Nan Wang, Ryan Middlemas and Hangil Lee explain in a chapter for Global Investigations Review’s second edition of “The Guide to Monitorships.”
https://kobrekim.com/insights/publications/asia-based-kobre-and-kim-team-on-monitorship-trends-in-east-asiaCollateralized loan obligations (CLOs) managed to avoid the protracted legal battles faced by collateralized debt obligations (CDOs) after 2008, but the COVID-19 recession may change that. Kobre & Kim’s Zach Rosenbaum and Danielle Rose sat down with GlobalCapital to explain why.
https://kobrekim.com/insights/publications/zach-rosenbaum-danielle-rose-looming-clo-litigation-post-covid-19The COVID-19 pandemic has forced law firms to make faster decisions, potentially setting a trend for the future. Kobre & Kim founding partner Michael Kim weighed in on this topic recently with The American Lawyer.
https://kobrekim.com/insights/publications/michael-kim-covid-19-agile-response-us-law-firms“The days of South Korea as the ‘wild west’ of digital currencies are no more,” Kobre & Kim’s Michael Kim, Daniel Lee and Nathan Park wrote in a recent analysis of South Korea’s digital currency legal regime for Asia Business Law Journal.
https://kobrekim.com/insights/publications/michael-kim-daniel-lee-nathan-park-south-korea-new-digital-currency-legal-regimeIs the U.S. violating a 2018 International Court of Justice (ICJ) ruling regarding their sanctions on Iran? Kobre & Kim’s Beau Barnes, along with Foley Hoag’s Joseph Klingler and Human Rights Watch’s Tara Sephehri Far, analyzed the ruling and subsequent U.S. policy in an article for the American Society of International Law.
https://kobrekim.com/insights/publications/beau-barnes-us-sanctions-iran-compliance-icjAs part of their 2020 Practice Perspectives: Vault’s Guide to Legal Practice Areas, Vault sat down with Kobre & Kim’s very own Farrington Yates, who walked through the ins-and-outs of his practice area in insolvency.
https://kobrekim.com/insights/publications/farrington-yates-unpacks-his-insolvency-practice-in-vault-qandaSouth Korea has been one of the most successful countries in mitigating the spread of COVID-19, but the struggle to preserve its economy continues to be a challenge, as Kobre & Kim founding partner Michael Kim discussed with Asia Business Law Journal.
https://kobrekim.com/insights/publications/michael-kim-south-korea-covid-19-economic-strugglesMassive market swings and volatility during the current COVID-19 economic downturn have created an environment ripe for valuation disputes over the coming months and years, as a group of financial services lawyers from Kobre & Kim point out in a recent editorial in Bloomberg Law.
https://kobrekim.com/insights/publications/kobre-kim-navigating-post-covid-19-valuation-disputes-bloomberg-lawKobre & Kim’s Matthew Menchel recently spoke with Bloomberg Law on new courtroom dynamics as COVID-19 lockdowns ease and judges reboot jury trials.
https://kobrekim.com/insights/publications/matthew-menchel-new-normal-covid-era-jury-trialsIn recent years, the INTERPOL notice system has been misused by certain countries aiming to target and intimidate political rivals. But with the proposal of the Transnational Repression Accountability and Prevention (TRAP) Act in U.S. Congress, this is a problem that might finally be addressed.
https://kobrekim.com/insights/publications/kobre-kim-us-trap-act-potential-end-interpol-notice-misuse-law360Kobre & Kim’s Robin Rathmell was interviewed by Corporate Counsel Business Journal for their “In House Warrior” podcast, released on May 14, 2020, where he discussed the biggest legal risks for companies that work with high-net-worth individuals (HNWIs).
https://kobrekim.com/insights/publications/podcast-robin-rathmell-compliance-risks-companies-high-net-worth-clientsKobre & Kim’s Daniel Saval recently spoke with The Wire China on the bankruptcy of Jia Yueting, the founder of the electric car company Faraday Future.
https://kobrekim.com/insights/publications/daniel-saval-faraday-jia-yueting-evasive-bankruptcy-planKobre & Kim founding partner Michael Kim recently sat down with Dan Packel of the American Lawyer to discuss how he thinks any ensuing recession in the wake of COVID-19 will see a rush of fraud-related claims, as well as creditor-debtor disputes on a global scale that was unseen in the 2007-8 global financial crisis.
https://kobrekim.com/insights/publications/michael-kim-post-covid-landscape-increased-fraud-global-non-us-scaleKobre & Kim’s Robin Rathmell recently spoke with Paul Sullivan, who runs the New York Times’ “Wealth Matters” column, on how court closures and operational changes resulting from the COVID-19 pandemic have affected divorce proceedings involving ultra high-net-worth individuals (UHNWIs).
https://kobrekim.com/insights/publications/robin-rathmell-new-york-times-ultra-high-net-worth-individual-matrimonial-disputes-covidKobre & Kim’s Michael Rosen was recently quoted in the Israeli business newspaper Calcalist, discussing how amongst the devastation of COVID-19, the firm is trying to find some silver linings.
https://kobrekim.com/insights/publications/michael-rosen-economic-impact-covid-19-israeli-newspaper-calcalistKobre & Kim’s Oleg Shaulko penned an article in Law360 discussing a proposed Ukrainian law that opens up opportunities for third party litigation funders, in an effort to drive cross-border asset recovery efforts and ultimately fight corruption.
https://kobrekim.com/insights/publications/oleg-shaulko-potential-new-wave-litigation-funding-ukraineKobre & Kim’s Scott Hulsey, William McGovern, Benjamin Sauter and Hartley West, who all focus on different aspects of defensive counsel against government enforcement actions and investigations, collaborated on an article for Corporate Counsel that takes an in-depth look at the regulatory risks public companies and traders face during and after the COVID-19 pandemic.
https://kobrekim.com/insights/publications/scott-hulsey-william-mcgovern-benjamin-sauter-hartley-west-regulatory-companies-covidKobre & Kim’s Scott Hulsey recently sat down with Financier Worldwide to share his thoughts on recent trends in corporate fraud and corruption in the United States.
https://kobrekim.com/insights/publications/scott-hulsey-landscape-us-corporate-fraud-corruption-2020Kobre & Kim’s Zachary Rosenbaum achieved a recent win when a New Jersey state judge agreed with his argument to deny a motion by Apex Fund Services Holdings Ltd. and others to let them out of a U.S. $40 million lawsuit linked to a Ponzi scheme, Law360 reports.
https://kobrekim.com/insights/publications/zachary-rosenbaum-convinces-court-damning-evidence-fund-ponzi-suitKobre & Kim’s Steven Perlstein was recently quoted by the Daily Journal, commenting on the decision by the Ninth Circuit Court of Appeals to reinstate a class claim against Facebook over the social network’s profiting off users’ personal data – an opinion with potentially far-reaching consequences in today’s data-driven economy.
https://kobrekim.com/insights/publications/ninth-circuit-privacy-facebook-amicus-brief-kobre-kimKobre & Kim’s Calvin Koo has published an article in Hong Kong Lawyer, where he details Hong Kong courts’ recent application of long-standing legal concepts to new technologies like cryptocurrency and smartphones.
https://kobrekim.com/insights/publications/calvin-koo-hong-kong-courts-legal-tools-cutting-edge-technologiesKobre & Kim’s Matthew Boucher and Nathan Park sat down with Global Competition Review to discuss recent enforcement trends from South Korea’s Fair Trade Commission (KFTC), the country’s competition watchdog.
https://kobrekim.com/insights/publications/matthew-boucher-nathan-park-future-of-chaebolsKobre & Kim’s Martin De Luca sat down with Law360 to discuss the coming coronavirus-related litigation centered on force majeure clauses, which can excuse businesses from their contractual obligations due to “acts of God” or events outside their control.
https://kobrekim.com/insights/publications/martin-de-luca-force-majeure-new-york-law-law360Kobre & Kim’s Jef Klazen recently sat down with Corporate Disputes and shared his insights with a roundtable on the international challenges of asset tracing and recovery.
https://kobrekim.com/insights/publications/jef-klazen-challenges-opportunities-global-asset-recovery-2020Kobre & Kim’s Robin Rathmell sat down with Forbes to discuss the increasing threats faced by high-net-worth individuals (HNWIs), including a rise in cyber threats during the coronavirus (COVID-19) pandemic.
https://kobrekim.com/insights/publications/robin-rathmell-forbes-digital-threats-high-net-worth-individualsKobre & Kim lawyers Andrew Stafford QC and James Chapman-Booth detailed the use of insolvency as a tool in aid of judgment enforcement in an article they wrote for Commercial Dispute Resolution.
https://kobrekim.com/insights/publications/andrew-stafford-qc-james-chapman-booth-insolvency-recovery-assetsKobre & Kim’s David McGill sat down with the National Review to discuss a motion filed against the Department of Justice requesting information related to their alleged abuse of mutual legal-assistance treaty (MLAT) requests aiming to extend the statute of limitations, when prosecutors had obtained the information from other means.
https://kobrekim.com/insights/publications/david-mcgill-doj-mlat-controversy-national-reviewA team of Kobre & Kim lawyers have filed a countersuit against Adare Finance DAC in the High Court of Justice in London on February 17 on behalf of Michel Ohayon and his company Yellowstone Capital Management SA.
https://kobrekim.com/insights/publications/kobre-kim-countersuit-against-adare-waldorf-astoria-caseThe Wall Street Journal has reported on a motion filed by Kobre & Kim lawyers to force the Department of Justice to turn over information about their mutual legal-assistance treaty requests, or MLATs, after it was revealed by a former prosecutor that the DOJ may have been abusing these requests to buy themselves more time.
https://kobrekim.com/insights/publications/wall-street-journal-kobre-kim-motion-challenging-doj-foreign-evidence-requestsKobre & Kim’s Beau Barnes sat down with Global Trade Magazine to discuss a recent decision by the U.S. Treasury Department and Office of Foreign Assets Control (OFAC) to lift sanctions on shipping tanker COSCO Dalian on January 31.
https://kobrekim.com/insights/publications/beau-barnes-us-lifting-sanctions-chinese-shipping-tankerKobre & Kim’s Michael Ng was quoted by Bloomberg Law in an article addressing changes in patent enforcement litigation strategies, in particular new views on inter partes reviews (“IPRs”) at the U.S Patent and Trademark Office.
https://kobrekim.com/insights/publications/michael-ng-quoted-in-bloomberg-article-addressing-changes-in-patent-enforcement-litigation-strategiesKobre & Kim’s Benjamin Sirota sat down with Bloomberg Law to discuss the upcoming trial on the merger between airline booking companies Farelogix and Sabre, offering his analysis of the Department of Justice’s (DOJ) case.
https://kobrekim.com/insights/publications/benjamin-sirota-discusses-farelogix-sabre-merger-bloomberg-lawKobre & Kim’s David McGill sat down with Bloomberg to discuss a recent court decision that effectively extended the statute of limitations for spoofing cases, warning that it could potentially lead to prosecutorial overreach.
https://kobrekim.com/insights/publications/david-mcgill-spoofing-statue-of-limitations-prosecution-by-hindsightKobre & Kim’s Robin Rathmell sat down with Forbes to discuss the idea that for ultra high-net Worth Individuals (UHNWI’s), “with great wealth comes a legal and societal target on your back.”
https://kobrekim.com/insights/publications/robin-rathmell-legal-commercial-reputational-risks-for-uhnwis-with-forbesA team of Kobre & Kim lawyers (John D. Couriel, G. Scott Hulsey and Carrie A. Tendler), working with primary counsel Bondurant, Mixson & Elmore and Wiggan and Dana LLP, has filed an Anti-Terrorism Act lawsuit against the Qatar Islamic Bank on behalf of American photojournalist Matthew Schrier, who was kidnapped in 2012 during Syria’s civil war.
https://kobrekim.com/insights/publications/american-photographer-accuses-bank-funding-terrorists-kidnapped-himKobre & Kim’s William McGovern weighed in on the alleged FCPA violations by two former executives of the Chinese subsidiary of Herbalife with the Anti-Corruption Report, stressing the dangers present when navigating between two different cultural and legal regimes.
https://kobrekim.com/insights/publications/william-mcgovern-fcpa-market-manipulation-bribery-enforcementKobre & Kim’s Scott Hulsey recently spoke with Compliance Week on the increased enforcement activity coming from the U.S. Department of Justice during 2020 and, consequently, the increased risk for compliance officers across various industries.
https://kobrekim.com/insights/publications/scott-hulsey-doj-enforcement-priorities-2020Benjamin Sauter spoke with Law360 on fintech cases to look out for this year, including how the U.S. Securities and Exchange Commission has changed tactics over time and what it means for future regulation.
https://kobrekim.com/insights/publications/benjamin-sauter-fintech-litigation-law360Nathan Park, who is Of Counsel at Kobre & Kim, spoke with Global Competition Review on the Seoul High Court’s ruling this week that affirmed a 2016 fine imposed by Korea’s antitrust watchdog against global chipmaker powerhouse Qualcomm.
https://kobrekim.com/insights/publications/nathan-park-qualcomm--kftc-globalization-competition-enforcementQualcomm currently faces parallel antitrust suits by the Federal Trade Commission (FTC) and Karen Stromberg, with both alleging the same monopolization scheme against the multinational semiconductor company. Benjamin Sirota provides his insights on the cases in Bloomberg Law, discussing how a ruling in either case will potentially affect the other.
https://kobrekim.com/insights/publications/benjamin-sirota-qualcomm-dual-class-action-cases-bloomberg-lawKobre & Kim Chief Strategy Officer Gary Singer recently spoke with The American Lawyer on the legal industry’s increased pressure on firms to scale up in the wake of major consolidations and changes in technology.
https://kobrekim.com/insights/publications/gary-singer-on-to-scale-or-not-scaleKobre & Kim’s Robin Baik was recently listed as a “Leading Lawyer” in top-tier Korean legal publication Legal Times Korea.
https://kobrekim.com/insights/publications/robin-baik-leading-lawyer-legal-times-koreaKobre & Kim’s John Han, alongside Cohen Milstein’s Adam Langino, discussed challenges that lawyers face when attempting to serve defendants and enforce judgments in mainland China and Japan in the November edition of Trial Magazine.
https://kobrekim.com/insights/publications/john-han-discusses-accountability-china-japan-trial-magazineKobre & Kim’s recent lawsuit against the Commodity Futures Trading Commission (CFTC) was covered in The Wall Street Journal as attention builds over the impact of the CFTC’s secret settlement on market manipulation regulatory standards going forward.
https://kobrekim.com/insights/publications/kobre-kim-foia-suit-cftc-wall-street-journalKobre & Kim has gone after the U.S. Commodity Future Trading Commission (CFTC) by filing a complaint under the Freedom of Information Act in regards to the recent settlement reached between the regulator and Kraft-Mondelez.
https://kobrekim.com/insights/publications/kobre-and-kim-goes-after-the-cftc-over-settlement-gag-order--national-law-journalActing as legal representation for Chinese asset management Shanghai Lan Cai, Kobre & Kim’s Chris Cogburn provided a statement to The Verge regarding the firm’s current arbitral enforcement campaign against billionaire debtor Jia Yueting.
https://kobrekim.com/insights/publications/kobre-kim-fights-chinese-billionaire-bankruptcy-planWhite-collar lawyers Robin Rathmell and Sean Buckley discussed compliance with U.S. sanctions for foreign companies in Levick’s third edition eBook, “Navigating U.S. Regulatory, Legal & Communications Hurdles.”
https://kobrekim.com/insights/publications/robin-rathmell-sean-buckley-sanction-compliance-foreign-companies-levickIn Israel Desks’ September 2019 Edition, Kobre & Kim lawyer Jeremy Bressman spoke on foreign investment in Israel’s technology market and the role of investor regulations in China.
https://kobrekim.com/insights/publications/jeremy-bressman-speaks-with-israel-desks-on-foreign-investors-in-chinaAs Kobre & Kim continues its arbitral enforcement campaign against billionaire Jia Yueting, the Chinese tycoon has now filed for Chapter 11 bankruptcy in an apparent attempt to delay or circumvent judgment. Kobre & Kim’s Daniel Saval, a bankruptcy lawyer well-versed in cross-border insolvency matters, provided a statement to Law 360 about this development.
https://kobrekim.com/insights/publications/kobre-kim-denounces-chinese-billionaire-debtor-bankruptcy-plan-law360Kobre & Kim’s Benjamin Sauter and David McGill, who both regularly represent clients in disputes and investigations involving digital currency, recently spoke with Cointelegraph on the ongoing battle between messaging giant Kik and the U.S. Securities and Exchange Commission (SEC).
https://kobrekim.com/insights/publications/kobre-kim-sec-regulation-by-enforcement-mentality-ico-cointelegraphA team of Kobre & Kim lawyers continue to ramp up pressure against Indian technology infrastructure provider Rolta Global on behalf of client Pinpoint Asset Management with the serving of a U.S. $100 million summons in the Amsterdam District Court for allegedly failing to comply with an earlier freezing order.
https://kobrekim.com/insights/publications/kobre-and-kim-issues-summons-against-indian-mncKobre & Kim’s Benjamin Sirota spoke with Law360 regarding the potential effects of major investigations being launched at the state, federal, congressional and international level against Facebook, Google, Apple and Amazon.
https://kobrekim.com/insights/publications/benjamin-sirota-discusses-big-tech-probes-with-law360Seasoned judgment enforcement lawyers Andrew Stafford QC and James Chapman-Booth offered their thoughts on an attractive option for UK parties looking to enforce a cross-border judgment in the event of a no-deal Brexit.
https://kobrekim.com/insights/publications/kobre-and-kim-discusses-judgment-enforcement-in-wake-of-a-no-deal-brexitKobre & Kim lawyers John Han and Jef Klazen have secured a large-sum freezing order against the Indian technology infrastructure provider Rolta on behalf of their client Pinpoint Asset Management.
https://kobrekim.com/insights/publications/kobre-and-kim-secures-freezing-order-in-a-dutch-courtKobre & Kim’s John Han and Chris Cogburn were featured for their most recent victory against indebted Chinese billionaire Jia Yueting in The American Lawyer’s “Litigation Daily”.
https://kobrekim.com/insights/publications/kobre-kim-international-judgment-enforcement-team-amlaw-judgment-bloodhounds-at-it-againKobre & Kim’s Evelyn Sheehan spoke with Global Investigations Review on the message these new enforcement measures send to the global financial market.
https://kobrekim.com/insights/publications/evelyn-sheehan-discusses-fincen-bolstered-investigation-in-girKobre & Kim’s Scott Hulsey discusses how foreign companies and employees operating within the U.S. can prepare for the potential risk of unexpected information seizure and investigations from U.S. law enforcement in Bloomberg Law.
https://kobrekim.com/insights/publications/scott-hulsey-discusses-how-foreign-companies-navigate-dawn-raids-bloomberg-lawWho’s Who Legal recognized Michael S. Kim, Randall Arthur, Robin Baik, Timothy de Swardt, Robert Henoch, Rebecca Hume, Jef Klazen, Andrew C. Lourie, David H. McGill, Andrew Stafford QC, Carrie A. Tendler and Peter Tyers-Smith in its recently published analysis of the asset recovery practice area.
https://kobrekim.com/insights/publications/whos-who-legal-recognizes-kobre-and-kim-leading-practitioners-in-asset-recoveryKobre & Kim’s Beau Barnes discusses the U.S. Office of Foreign Assets Control’s (OFAC) recent blacklisting of cryptocurrency addresses with Law360.
https://kobrekim.com/insights/publications/beau-barnes-on-ofac-sanction-enforcement-actions-with-law360In its ongoing offensive pursuit against Chinese billionaire Jia Yueting, Kobre & Kim has secured another key victory in California in the form of an Order to Appear for Examination of Judgment Debtor.
https://kobrekim.com/insights/publications/kobre-and-kim-secures-california-order-calling-billionaire-jia-yueting-for-examinationKobre & Kim’s Benjamin Sauter provided insights to the Financial Times on the U.S. Commodity Futures Trading Commission’s settlement overreach in the CFTC v Kraft Foods Inc. and Mondelez Global LLC decision, as well as its impact on the futures market.
https://kobrekim.com/insights/publications/benjamin-sauter-discusses-cftc-overreach-with-the-financial-timesJef Klazen, Marcus Green and Chris Cogburn, all key members of Kobre & Kim’s international judgment enforcement team, discuss the challenges and opportunities that frequently arise in the enforcement of arbitration awards in the United States in a recent chapter of The Arbitration Review of the Americas 2020, a guide produced by Global Arbitration Review.
https://kobrekim.com/insights/publications/jef-klazen-marcus-green-and-chris-cogburn-discuss-arbitration-award-enforcement-in-the-usAs part of Vault’s 2019 Guide to Legal Practice Areas, Kobre & Kim’s Hartley West provided an in-depth Q&A laying out her practice area and its focuses on white collar criminal and asset forfeiture matters.
https://kobrekim.com/insights/publications/hartley-west-unpacks-government-enforcement-defense-in-vaultKobre & Kim’s Ben Sirota teams up with Crowell & Morning’s Juan A. Arteaga to discuss a new development from DOJ’s Antitrust Division in the article titled: Giving Credit Where Credit Is Due: DOJ’s Policy Shift Allows Companies To Receive Credit for Antitrust Compliance Programs.
https://kobrekim.com/insights/publications/ben-sirota-discusses-new-development-in-antitrust-complianceFollowing his presentation at the CFO Forum, Robert Henoch sat down with the Israel CFO Forum to discuss the risk posed to Israel-based companies by U.S. agencies such as the IRS, SEC and DOJ, as well as how to mitigate them with timely responses.
https://kobrekim.com/insights/publications/robert-henoch-with-the-israel-cfo-forumKobre & Kim has been listed among “firms to watch” by India Business Law Journal in its 2019 selection of the top international law firms for India-related matters, with Vasu Muthyala receiving particular mention for his “strong links” with Indian law firms and companies.
https://kobrekim.com/insights/publications/kobre-and-kim-listed-as-firm-to-watch-by-india-business-law-journalA team of Kobre & Kim lawyers – Robert Henoch, Jef Klazen and Jeremy Bressman – discussed the legal tools available for international judgment enforcement and asset recovery between the U.S. and Israel in Global Legal Review and Nishlis Legal Marketing’s publication, U.S.-Israel Legal Review 2019.
https://kobrekim.com/insights/publications/kobre-and-kim-discuss-judgment-enforcement-and-asset-recovery-in-us-israel-legal-reviewKobre & Kim’s Wade Weems, Nathan Park and Beau Barnes offered their latest insights on the U.S.-China trade war in Foreign Policy this weekend, discussing a U.S. federal courts’ order against three Chinese banks to comply with a subpoena in connection to violations of sanctions against North Korea.
https://kobrekim.com/insights/publications/kobre-and-kim-in-foreign-policy-us-china-trade-warEnglish barrister Nathaniel Barber discussed the 2018-2019 report released by the UK’s Financial Conduct Authority (FCA) and its impact on regulatory priorities with Commercial Dispute Resolution.
https://kobrekim.com/insights/publications/nathaniel-barber-discusses-future-of-fca-enforcement-post-brexit-in-cdrWith his experience advocating on behalf of clients under investigation for potential sanctions violations, Beau Barnes spoke with Global Investigations Review on the latest regulatory challenge facing the cryptocurrency industry: Sanctions compliance.
https://kobrekim.com/insights/publications/beau-barnes-speaks-with-gir-on-sanctions-enforcement-in-digital-currency-worldKobre & Kim’s Wade Weems, who formerly served in the U.S. Department of Justice’s National Security Division, spoke with South China Morning Post today on U.S. allegations that three large Chinese banks have possibly violated U.S. sanctions against North Korea.
https://kobrekim.com/insights/publications/wade-weems-with-south-china-morning-post-on-chinese-banksLondon-based Kobre & Kim lawyer Nathaniel Barber spoke with Commercial Dispute Resolution on the recently published review on the treatment of small and medium-sized enterprises by the Royal Bank of Scotland’s Global Restructuring Group (GRG) division.
https://kobrekim.com/insights/publications/nathaniel-barber-speaks-on-the-fcas-final-reportKobre & Kim’s Wade Weems, who regularly counsels PRC-based corporations and individuals in cross-border bribery investigations, recently spoke to The New York Times in their investigation on issues of corruption within China’s health care industry.
https://kobrekim.com/insights/publications/wade-weems-in-new-york-times-on-corruption-within-chinas-healthcare-industryKobre & Kim’s Benjamin Sauter brings his experience and insights in regulatory issues facing the cryptocurrency industry to discuss Wyoming’s new crypto-friendly state laws – and their potential to be emulated on a federal level – in Wired.
https://kobrekim.com/insights/publications/benjamin-sauter-discusses-wyoming-cryptocurrency-in-wiredKobre & Kim is pleased to announce Nick Cherryman, a leading international commercial disputes lawyer, has joined our London office.
https://kobrekim.com/insights/publications/nick-cherryman-joins-kobre-and-kims-london-officeKobre & Kim’s David McGill and Benjamin Sauter continue to share their insights with the media into the current stand-off between Kik and the United States Securities and Exchange Commission (SEC).
https://kobrekim.com/insights/publications/benjamin-sauter-and-david-mcgill-on-kik-sec-clashKobre & Kim’s Benjamin Sauter, who regularly represents clients in the digital currency sphere from blockchain developers to exchanges, discussed with Wired Magazine the implications that a civil lawsuit by the platform Kik against the United States Securities and Exchange Commission (SEC) could have on the cryptocurrency industry.
https://kobrekim.com/insights/publications/benjamin-sauter-on-kik-v-sec-in-wiredThis weekend, Kobre & Kim’s Beau Barnes talked with Law360 about OFAC’s recent decision to issue a finding of violation but not impose a monetary penalty against State Street Bank & Trust Co.
https://kobrekim.com/insights/publications/beau-barnes-speaks-with-law360-on-ofacA team of Kobre & Kim lawyers – Steven Perlstein, Benjamin Sauter and Beau Barnes – discuss the increasing trend of malicious online bots, how the U.S. legal landscape is addressing it and ways that businesses can protect their information in the New York Law Journal’s special report on cybersecurity.
https://kobrekim.com/insights/publications/kobre-and-kim-lawyers-on-how-businesses-can-protect-themselves-from-automated-intrudersKobre & Kim lawyers Benjamin Sauter and David McGill speak on the potential for legal action by the kin cryptocurrency company Kik against the United States Securities and Exchange Commission (SEC) in Cointelegraph.
https://kobrekim.com/insights/publications/benjamin-sauter-and-david-mcgill-on-kiks-defend-crypto-fundA team of Kobre & Kim attorneys – Shaun Wu, Daniel Lee, Ryan Middlemas and Jae Joon Kwon – detail how the rising global emphasis on legal and corporate compliance is impacting East Asian countries that have historically lacked the practice of monitorships, in the first edition of Global Investigations Review’s Guide to Monitorships.
https://kobrekim.com/insights/publications/kobre-and-kim-attorneys-discuss-global-monitorshipKobre & Kim Chief Strategy Officer Gary Singer spoke with The American Lawyer on the eve of the 2019 AmLaw 200 Report to discuss the current state of relationship building in regards to law firms’ business development efforts.
https://kobrekim.com/insights/publications/gary-singer-on-the-importance-of-referral-relationshipsKobre & Kim lawyer and former U.S. Department of Justice prosecutor Robert Henoch spoke with the independent Israeli newspaper Haaretz to explain the function and application of the U.S. Foreign Corrupt Practices Act (FCPA) in cases of suspected bribery.
https://kobrekim.com/insights/publications/robert-henoch-examines-potential-for-fcpa-enforcement-actionsKobre & Kim’s Beau Barnes brings his economic sanctions and regulatory background to evaluate recent developments in enforcement actions from the U.S. Treasury's Office of Foreign Assets Control (OFAC) and their implications for U.S. companies in Law 360.
https://kobrekim.com/insights/publications/beau-barnes-discusses-potential-ofac-enforcement-strategy-shift-from-companies-to-executivesKobre & Kim attorney and former Department of Justice (DOJ) Antitrust Division prosecutor Benjamin Sirota discusses the past, present and future of the U.S. Department of Justice Antitrust Division’s policy regarding whether to credit corporate compliance programs in charging decisions and at sentencing, and on what terms.
https://kobrekim.com/insights/publications/benjamin-sirota-on-doj-antitrust-s-evolving-treatment-of-corporate-compliance-programs-with-new-york-law-journalFirm co-founder Michael Kim was quoted in the leading South Korean newspaper Dong-A Ilbo, discussing international relations between the U.S. and Spain in relation to the apprehension and potential repatriation of individuals charged with breaking and entering in a Spain-located DPRK embassy.
https://kobrekim.com/insights/publications/michael-kim-discusses-criminal-apprehension
A team of Kobre & Kim attorneys – Jef Klazen, Chris Cogburn and Lara Levinson – detail strategies of enforcing judgements against elusive foreign governments or state-owned entities in the Lexis Nexis’ monthly arbitration newsletter, Mealey's International Arbitration Report.
https://kobrekim.com/insights/publications/kobre-and-kim-attorneys-detail-strategiesKobre & Kim’s Hong Kong-based Jason Kang provided his insights to major Hong Kong-based newspaper South China Morning Post on the unexpected risks behind China’s new foreign investment regime, which was recently passed in early 2019.
https://kobrekim.com/insights/publications/jason-kang-with-south-china-morning-post--new-risks-for-prc-facing-foreign-investorsOn March 12th, Kobre & Kim attorney Jake Chervinsky joined cryptocurrency influencer Marty Bent on his Bitcoin podcast, Tales from the Crypt, for a conversation on the intersection between digital currency and the law.
https://kobrekim.com/insights/publications/podcast--jake-chervinsky-explores-the-future-of-digital-currency-on-tales-from-the-cryptKobre & Kim attorneys Benjamin Sauter and Jake Chervinsky draw upon their experience in digital currency regulatory issues to discuss the rise of “stablecoins” with leading digital currency news site Coin Desk.
https://kobrekim.com/insights/publications/benjamin-sauter-and-jake-chervinsky-discuss-the-rise-of-stablecoinsA team of Kobre & Kim attorneys – Steven Perlstein, Melanie L. Oxhorn and Brad H. Samuels – analyze the recent decision in In re Veon Ltd. Securities Litigation, including its impact on cross-border litigation involving international defendants.
https://kobrekim.com/insights/publications/kobre-and-kim-on-the-importance-of-rule-4-m--for-international-defendants-in-westlawA team of Kobre & Kim attorneys – Jonathan Cogan, Andrew Lourie and Matthew Menchel – were recognized in The American Lawyer’s “Litigators of the Week" for their trial victory on behalf of DRW Investments, a Chicago-based proprietary trading firm, in a market manipulation case against the U.S. Commodity Futures Trading Commission (CFTC).
https://kobrekim.com/insights/publications/kobre-and-kim-places-in-amlaw-s-“litigators-of-the-week”-after-victory-in-drw-caseKobre & Kim attorney Nathaniel Barber spoke with Commercial Dispute Resolution on the “landmark” first competition decision for the UK’s Financial Conduct Authority (FCA).
https://kobrekim.com/insights/publications/nathaniel-barber-unpacks-the-fca-s-first-ever-competition-decision-with-cdrKobre & Kim attorney Beau Barnes evaluates the use of Iran’s art market to export art and find profit without facing U.S. sanctions and financial penalties in a discussion with the independent Middle East-focused news agency The Media Line.
https://kobrekim.com/insights/publications/beau-barnes-evaluates-the-fine-art-of-evading-sanctions-in-the-media-lineLondon-based Kobre & Kim attorneys with experiential expertise in criminal and civil asset forfeiture, Jason Masimore and Leonora Sagan, spoke with Citywealth Magazine on the various stages and methods of asset recovery in divorce settlements involving high-net-worth individuals, or HNWI’s.
https://kobrekim.com/insights/publications/kobre-and-kim-discusses-asset-recovery-in-hnwi-divorce-cases-with-citywealth-magazineKobre & Kim attorney Beau Barnes evaluates the recent launch of an Iranian, gold-backed cryptocurrency and what it means for the country’s economy in a discussion with the independent Middle East-focused news agency The Media Line.
https://kobrekim.com/insights/publications/beau-barnes-evaluates-the-new-iranian-sanctions-busting-cryptocurrencyLondon-based Kobre & Kim attorney Andrew Stafford QC discusses the potential complications a no-deal Brexit would have on cross-border dispute resolution in The Times.
https://kobrekim.com/insights/publications/andrew-stafford-qc-discusses-the-potential-impact-of-a-no-deal-brexit-on-cross-border-disputes-with-the-timesTwo of Kobre & Kim’s international judgment enforcement and asset recovery specialists – attorneys John Han and Christopher Cogburn– discuss what it takes to secure high-value arbitration awards in complex, cross-border litigation matters both onshore and offshore in The American Lawyer’s “Litigation Daily” feature.
https://kobrekim.com/insights/publications/amlaw--“how-judgment-bloodhounds-at-kobre-and-kim-help-winners-get-paid”A team of Kobre & Kim attorneys – Peter Tyers-Smith and Jonathan Cogan – evaluate offshore and U.S. asset protection trusts in the New York Law Journal.
https://kobrekim.com/insights/publications/kobre-and-kim-attorneys-pick-apart-offshore-asset-protection-trusts-in-the-new-york-law-journalKobre & Kim attorney Dan Saval recently spoke with Debtwire Radio on the rise of bankruptcy and cases impacting some of the largest digital currency exchanges in the industry.
https://kobrekim.com/insights/publications/kobre-and-kim-attorney-dan-saval-talks-bankruptcy-issues-in-cryptocurrency-on-debtwire-radioA team of Kobre & Kim attorneys – Lindsey Weiss Harris, Hartley M. K. West, and Danielle Rose – explain the rise of the “Weinstein Clause” in merger agreements in the December 2018 issue of The Wall Street Lawyer.
https://kobrekim.com/insights/publications/kobre-and-kim-and-the-impact-of-weinstein-clauses-on-manda-investigations-in-the-the-wall-street-lawyerKobre & Kim attorney Matt Menchel spoke with Law360 on the process of cross-examination, dispelling conventional rules many novice trial lawyers practice in Law360.
https://kobrekim.com/insights/publications/matt-menchel-speaks-on-the-process-of-cross-examinationA team of Kobre & Kim attorneys – Beau Barnes and Jake Chervinsky – analyze the first crypto sanction designation by the Treasury Department’s Office of Foreign Assets Control (OFAC) and what it means for companies in the digital currency industry.
https://kobrekim.com/insights/publications/kobre-and-kim-analyzes-ofac-crypto-sanctions-designation-in-coin-deskKobre & Kim attorney Nathaniel Barber spoke with Commercial Dispute Resolution on the future of enforcement strategies by the UK Serious Fraud Office (SFO) following the appointment of its new director Lisa Osofsky.
https://kobrekim.com/insights/publications/nate-barber-discusses-sfo-enforcement-strategies-with-commercial-dispute-resolutionA team of Kobre & Kim attorneys – Wade Weems and Beau Barnes – explain the global impact and reach of U.S. sanctions in the global economy, which can place heavy penalties, fines, and restrictions on unsuspecting companies and individuals.
https://kobrekim.com/insights/publications/kobre-and-kim-explains-the-global-reach-of-us-sanctions-in-the-new-york-law-journalKobre & Kim attorneys Matthew Menchel, Jonathan Cogan and Rebecca Mangold evaluate the direct examination process, dispelling traditional “rules” that novice trial lawyers often practice in favor of more pointed and effective techniques.
https://kobrekim.com/insights/publications/kobre-and-kim-break-the-traditional-rules-of-direct-examination--in-law360Kobre & Kim attorneys Vasu Muthyala and Nathaniel Barber look at India’s fast-growing economy and the heightened risks that both Indian companies as well as MNCs with a presence in India face without an effective anti-bribery policy.
https://kobrekim.com/insights/publications/kobre-and-kim-analyzes-bribery-risks-threatening-investment-in-the-“new-indian-economy-”-in-bloombergA team of Kobre & Kim attorneys – Hartley M.K. West, Jason A. Masimore, Daniel S. Lee, Martin De Luca, G. Scott Hulsey and Matthew R. Boucher – analyze antitrust regulation of online speech monopolies.
https://kobrekim.com/insights/publications/kobre-and-kim-analyzes-the-business-impact-of-policing-speech-monopoliesA team of Kobre & Kim attorneys - including Randall Arthur, Lara Levinson, Jason A. Masimore, Jef Klazen and Steven G. Kobre - shed light on one of the new targets of global hackers - the art world.
https://kobrekim.com/insights/publications/the-new-art-fraud-galleries-dealers-are-next-global-hacking-targetsJake Chervinsky speaks with Off the Chain podcast host Anthony Pompliano on securities law, accreditation standards, terrorism financing, the applications of the Howey Test to crypto, and much more in this in-depth 90-minute interview.
https://kobrekim.com/insights/publications/jake-chervinsky-defending-crypto-from-the-secJake Chervinsky speaks with What Bitcoin Did podcast host Peter McCormack on the growing friction between BitCoin and traditional finance. As regulators work to ensure that Cryptocurrencies are following due process, the industry is watching closely.
https://kobrekim.com/insights/publications/what-bitcoin-did--an-interview-with-jake-chervinskyFollowing an announcement by the U.S. Securities and Exchange Commission (SEC) that nine bitcoin exchange-traded fund (ETF) disapproval orders are to be stayed until further review, Jake Chervinsky sat down with CoinDesk to discuss what the announcement really means, and what implications it carries for the proposed bitcoin ETFs themselves.
https://kobrekim.com/insights/publications/what-an-sec-bitcoin-etf-rejection-review-really-meansDavid McGill and Benjamin Sauter, the first lawyers to freeze misappropriated digital currency on a fraud victim’s behalf, along with Washington DC-based lawyer Jake Chervinsky, survey the current digital asset recovery landscape in a recent Bloomberg Law article.
https://kobrekim.com/insights/publications/precedent-setting-digital-currency-recovery-team-explores-options-for-fraud-victimsTransatlantic disputes lawyer Robin Rathmell discusses asset forfeiture defense, representing private clients and the unique litigation issues he faces in his practice with Citywealth magazine.
https://kobrekim.com/insights/publications/transatlantic-disputes-lawyer-robin-rathmell-on-meeting-the-unique-needs-of-uhnw-private-clients-David McGill and Benjamin Sauter, both litigators with an acute focus on digital currency fraud and regulation, explain the strategies they employed to freeze misappropriated assets in a high-value cryptocurrency fraud.
https://kobrekim.com/insights/publications/creating-a-roadmap-to-recovery-after-digital-currency-fraud-david-mcgill-and-benjamin-sauter-explainFormer U.S. Department of Justice prosecutors Roger A. Burlingame and Steven Kobre team up with Rachel Goldstein to offer best practices for lawyers conducting UK internal investigations.
https://kobrekim.com/insights/publications/cross-border-team-offers-insight-on-latest-privilege-rules-for-uk-investigationsThe European Account Preservation Order simplifies cross-border asset preservation across 26 member states, introducing a standardized application process that can save judgment creditors time, effort and costs.
https://kobrekim.com/insights/publications/global-judgment-enforcement-team-offers-strategies-for-freezing-debtor-assets-across-the-eu-Our cross-border government enforcement defense team offers strategies on filing whistleblower claims for those outside the U.S.
https://kobrekim.com/insights/publications/global-government-enforcement-defense-team-offers-strategies-on-filing-whistleblower-claims-for-those-outside-the-usFormer U.S. Department of Justice prosecutors Hartley West and John Couriel, along with Hong Kong-based Nan Wang, team up to offer insight on how multinational companies with operations in Asia and Latin America can take strategic steps to minimize bribery risks.
https://kobrekim.com/insights/publications/cross-border-government-enforcement-defense-team-tackles-bribery-risks-in-latin-america-and-asiaGovernment enforcement defense lawyers David McGill and Benjamin Sauter offer insight on how to formulate a data-driven spoofing defense strategy in Bloomberg Law.
https://kobrekim.com/insights/publications/market-manipulation-defense-lawyers-david-mcgill-and-benjamin-sauter-offer-insight-on-how-to-combat-government-allegations-A trusts and estates team including Steven Perlstein, Adriana Riviere-Badell, Josh Sheptow, Robin Rathmell and James Corbett QC examine the issues guardianship raises as they apply to U.S. law in Wealth Briefing.
https://kobrekim.com/insights/publications/trusts-and-estates-team-explores-guardianship-issues-under-us-law-in-wealth-briefing-articleAs the shift toward cryptocurrency trading becomes more pronounced, U.S. regulators will inevitably be compelled to take more action. David McGill and Benjamin Sauter, who regularly represent clients in digital currency disputes, explain why and how traders should brace for a significant wave of prosecutions in Traders magazine.
https://kobrekim.com/insights/publications/government-enforcement-defense-lawyers-david-mcgill-and-benjamin-sauter-on-why-cryptocurrency-traders-must-prepare-for-regulatory-scrutinyCayman Islands-based international judgment enforcement lawyers Jalil Asif QC and Pamella Mitchell dissect the current cross-border judgment enforcement landscape in the Cayman Islands.
https://kobrekim.com/insights/publications/jalil-asif-qc-and-pam-mitchell-discuss-the-cayman-islands-judgement-enforcement-landscape-Members of our global asset recovery and international judgment enforcement team analyze the landscape for asset tracing and recovery in the U.S., Korea, Cayman Islands and British Virgin Islands.
https://kobrekim.com/insights/publications/global-asset-recovery-team-offers-insight-on-recovering-and-protecting-assets-across-jurisdictionsAmid a year of high-profile cyber breaches, the U.S. Securities and Exchange Commission has taken a number of actions that point toward more robust enforcement of cybersecurity rules in 2018.
https://kobrekim.com/insights/publications/steven-perlstein-and-beau-barnes-examine-the-secs-cybersecurity-enforcement-landscape-for-2018Former U.S. Department of Justice prosecutor Michael Kim and Seoul-based white-collar litigator Robin Baik summarize the regulatory environment in Korea, including how local practitioners can handle government investigations, cross-border implications, and new developments in local regulation.
https://kobrekim.com/insights/publications/korea-government-enforcement-defense-team-details-investigative-procedure-in-koreaFirm co-founders Michael Kim and Steve Kobre discuss with Forbes Kobre & Kim’s remarkable history and future plans, including the process of building and marketing the firm in the early years, success as a function of luck, and how they envision the firm’s future trajectory the within the legal market.
https://kobrekim.com/insights/publications/forbes-features-co-founders-michael-kim-and-steve-kobre-story-on-kobre-kims-formation-and-future-As the global economy becomes increasingly integrated, international litigations are on the rise, presenting opportunities for the unique law firms equipped to navigate the logistical and multijurisdictional challenges involved.
https://kobrekim.com/insights/publications/kobre-kim-a-leader-in-the-rising-realm-of-international-litigations-the-american-lawyer-reportsMore than 60 percent of businesses operating in the digital currency space are reportedly based in Hong Kong and mainland China, but they are subject to U.S. government enforcement actions and private litigations. Government enforcement defense lawyers John Han and Nan Wang, based in Hong Kong, and New York-based Benjamin Sauter offer advice on how to respond.
https://kobrekim.com/insights/publications/john-han-and-benjamin-sauter-explain-how-us-regulators-recent-actions-expose-risks-for-hong-kong-and-china-virtual-currency-businessesIn a recent Hsu Untied podcast, Michael Kim speaks about the challenges and rewards of founding a law firm and the future of the business of law.
https://kobrekim.com/insights/publications/co-founder-michael-kim-speaks-about-striking-the-entrepreneur-lawyer-balanceA recent Second Circuit decision complicates cross-border criminal investigations. San Francisco-based Hartley West and firm co-founder Steven G. Kobre, both former U.S. Department of Justice prosecutors, along with San Francisco commercial litigator Michael Peng, analyze the potential impact on cases in the Ninth Circuit and how lawyers can best manage cross-border and parallel government enforcement actions.
https://kobrekim.com/insights/publications/hartley-west-steve-kobre-and-michael-peng-explore-impact-of-recent-second-circuit-decision-on-cross-border-investigationsInternational judgment enforcement lawyers Jef Klazen, Michael Kim and Marcus Green, along with insolvency practitioner Jeremy Hollembeak, dissect the mechanics of enforcing judgments from other nations under specific U.S. statutes, offering analysis on the various post-judgment remedies available and the unique risks and opportunities involved with enforcement in certain U.S. jurisdictions in the ABA’s International Aspects of U.S. Litigation.
https://kobrekim.com/insights/publications/international-judgment-enforcement-lawyers-explore-strategies-for-enforcing-foreign-judgments-in-the-usChange is the only constant in the business of law, and meeting market demands requires firms to adapt. Firm co-founder Steven Kobre sits down with The American Lawyer to discuss innovation as part of Kobre & Kim’s DNA and how the firm maintains an experimental culture that promotes client-focused results.
https://kobrekim.com/insights/publications/firm-co-founder-steven-kobre-discusses-law-firm-innovation-delivering-client-value-with-the-american-lawyer-Former U.S. Department of Justice prosecutor Jason Masimore, along with Washington DC-based lawyers Robin Rathmell and Brad Samuels, offer advice on asset recovery following a government asset seizure in Wealth Management.
https://kobrekim.com/insights/publications/jason-masimore-robin-rathmell-and-brad-samuels-on-strategizing-against-a-surprise-seizure-by-the-us-governmentBenjamin Sauter and David McGill examine how a new class of digital currency-based financial products could impact the balance of power among U.S. regulators.
https://kobrekim.com/insights/publications/benjamin-sauter-and-david-mcgill-examine-us-regulatory-turf-war-over-digital-currency-derivativesBenjamin Sauter and David McGill, government enforcement defense lawyers who represent clients in trading disputes and other matters involving complex financial technologies, discuss the implications for companies and individuals involved in initial coin offerings, and how they can prepare for the regulatory risks ahead.
https://kobrekim.com/insights/publications/benjamin--sauter-and-david-mcgill-offer-insight-on-the-secs-new-digital-currency-oversight-Hong Kong-based former U.S. Department of Justice prosecutor Vasu Muthyala speaks with Trace International about fraud and corruption in China, including how the quickly evolving regulatory landscape impacts multinational companies operating there.
https://kobrekim.com/insights/publications/vasu-muthyala-examines-the-new-government-enforcement-landscape-for-financial-crime-in-the-prcJust as the UK’s Serious Fraud Office begins to deliver on its promise to join the U.S. Department of Justice as a threat to obtain big-money deferred prosecution agreements and secure high-profile white-collar convictions, its fate is in doubt — a prospect that would hobble UK domestic enforcement and lead to further expansion of the DOJ’s already-robust role in policing London markets and UK corporates.
https://kobrekim.com/insights/publications/roger-burlingame-and-rachel-goldstein-explore-uk-sfos-fate-in-law360-article
Firm co-founder Michael Kim, a Seoul-based former U.S. Department of Justice prosecutor, discusses the importance of anti-money laundering measures for companies in Korea.
https://kobrekim.com/insights/publications/michael-kim-discusses-anti-money-laundering-concerns-for-companies-in-south-koreaHong Kong-based disputes lawyers John Han and Jason Kang discuss ways for litigants in foreign proceedings to use Section 1782 applications to obtain documents and testimony from third parties in the U.S.
https://kobrekim.com/insights/publications/john-han-and-jason-kang-discuss-using-us-discovery-for-proceedings-in-asiaSteven Kobre and John Han offer strategies for mitigating risk when handling foreign clients' records across borders.
https://kobrekim.com/insights/publications/cross-border-team-offers-strategies-for-us-law-firms-facing-discovery-of-foreignclients-recordsBenjamin Sauter and David McGill, who represent clients in trading disputes and other matters involving complex financial technologies and government enforcement actions, offer answers on the viability of crypocurrency, the future of the digital currency market, and potential avenues for government regulation.
https://kobrekim.com/insights/publications/as-cryptocurrency-icos-surge-in-popularity-david-mcgill-and-benjamin-sauter-analyze-the-role-of-u-s-regulatorsGovernment enforcement defense lawyers Roger Burlingame, Jason Masimore and Nathaniel Barber address in a recent chapter of Global Investigations Review's The European, Middle Eastern and African Investigations Review 2017 how the securities enforcement agencies have pushed new frontiers since the beginning of this year, breaking new ground in their quest to aggressively detect and stop violations around the globe, including across EMEA.
https://kobrekim.com/insights/publications/roger-burlingame-jason-masimore-and-nathaniel-barber-author-chapter-on-securities-regulation-and-investigations-across-emeaMembers of our international judgment enforcement team explore the implications of the European Account Preservation Order on litigants.
https://kobrekim.com/insights/publications/global-asset-tracing-and-recovery-team-examines-whether-the-eu-has-made-cross-border-asset-preservation-easierGiven Israel’s increasingly outward-facing economy, Israeli companies and management personnel face increasing exposure to U.S. regulatory and prosecutorial oversight.
https://kobrekim.com/insights/publications/former-us-department-of-justice-prosecutors-explore-us-regulations-impact-on-israeli-companiesNew York and Hong Kong-based former U.S. Securities and Exchange Commission branch chief William F. McGovern, along with Hong Kong-based lawyers Shaun Z. Wu and Nan Wang, analyzes recent U.S. enforcement actions in China and implications for multinational companies in a recent Westlaw Journal article.
https://kobrekim.com/insights/publications/hong-kong-us-team-analyzes-the-rise-in-cross-territorial-government-enforcement-actions-between-us-and-chinaUnder a little-known U.S. law, parties to proceedings in Hong Kong can take discovery in the US for use in a Hong Kong case.
https://kobrekim.com/insights/publications/john-han-and-beau-barnes-identify-u-s-discovery-as-key-tool-in-hong-kong-casesMultijurisdictional insolvencies have been on the rise in recent years, and with claims against directors and officers also becoming more common, overcoming jurisdictional and foreign law hurdles are key to effectively recovering against directors of companies in cross-border insolvencies.
https://kobrekim.com/insights/publications/global-insolvency-team-offers-strategies-for-overcoming-jursidictional-roadblocks-in-cross-border-involvencies-and-investigationsD. Farrington Yates offers an analysis of the keynote address at the INSOL 2017 Tenth World Congress, citing the need for directors to carefully balance competing stakeholder interests and embrace a changing global landscape.
https://kobrekim.com/insights/publications/insolvency-lawyer-farrington-yates-dissects-industry-trends-and-the-shifting-landscape-for-insolvency-practitionersU.S. lawyers conducting internal investigations in the UK should beware that the attorney-client privilege protections they enjoy in the U.S. may not apply in the UK.
https://kobrekim.com/insights/publications/uk-based-former-u-s-department-of-justice-prosecutor-examines-cross-border-privilegeLondon-based former U.S. Department of Justice prosecutor Jason Masimore discusses the distinct approaches regulators in different jurisdictions take regarding whistleblowing, nonprosecution agreements and internal investigations in a recent Global Risk Regulator article.
https://kobrekim.com/insights/publications/former-u-s-doj-prosecutor-jason-masimore-shares-tips-for-navigating-u-s-european-white-collar-investigationsIndia is the world’s third-largest economy and has become increasingly welcoming for foreign investors and multinational corporations in recent years.
https://kobrekim.com/insights/publications/former-u-s-federal-prosecutor-vasu-muthyala-analyzes-the-anti-corruption-landscape-in-indiaRobert W. Henoch, a former U.S. federal prosecutor based in Israel, together with Washington DC-based lawyer William J. Rosenzweig, provide practical solutions for U.S. taxpayers in Israel to navigate new IRS reporting requirements in a recent Law360 article.
https://kobrekim.com/insights/publications/israel-based-former-federal-prosecutor-robert-henoch-discusses-new-irs-reporting-requirements-for-u-s-citizens-living-in-israelAsia-based lawyer Shaun Wu recently commented on the expansion of regulatory enforcement in both China and Hong Kong and the precautions that foreign corporations should take to ensure that they remain on the right side of the law as local governments crack down on bribery and corruption. In two articles published by Commercial Dispute Resolution, Mr. Wu notes trends in increased enforcement, observing the criminalization of practices once considered commonplace. He also offers tips for how to best oversee company policies when doing business in China and Hong Kong, and guidance on when to conduct internal reviews.
https://kobrekim.com/insights/publications/shaun-wu-discusses-anti-corruption-in-china-and-implications-for-companies-doing-business-thereInternational judgment enforcement lawyers Carrie Tendler and Michael Sanfilippo discuss three U.S. Court of Appeals decisions that will likely impact the speed and ease with which holders of foreign arbitral awards can enforce them in a recent article in Today’s General Counsel. The authors also explore the current unsettled landscape of arbitral awards and offer advice for developing an effective strategy, including how to settle, budget, and sell an award.
https://kobrekim.com/insights/publications/international-judgment-enforcement-lawyers-explore-the-evolving-risks-and-opportunities-of-foreign-arbitral-awardsIn cross-border insolvency proceedings, it is often misguided to select a forum based on the location of the insolvent entity or group in an attempt to take advantage of familiarity of local rules or a “home-field advantage.” Insolvency lawyers Rebecca Hume, based in the Cayman Islands, and Randall Arthur, based in Hong Kong, discuss the strategic advantages to utilizing the insolvency procedures of foreign jurisdictions in addition to, or instead of the home jurisdiction in a recent INSOL World article. The article touches on several recent cases that highlight the importance of considering jurisdictional issues, both pre- and post-appointment, and how forum selection can impact a party’s strategy for maximizing recovery.
https://kobrekim.com/insights/publications/rebecca-hume-and-randall-arthur-offer-unexpected-strategies-for-forum-selection-in-insolvency-proceedingsFormer federal lawyers William F. McGovern and Eric Bruce, along with Beau Barnes, address the inherent risk in conducting internal investigations in Asia in a recently published New York Law Journal article. Lending from their experience conducting internal investigations across the region, the lawyers address the common pitfalls, including vague state secrets rules, constantly changing data protection regimes, varying attorney-client privilege laws, and the ever-present challenge of language and cultural differences.
https://kobrekim.com/insights/publications/mitigating-risk-in-asia-based-internal-investigations-william-mcgovern-eric-bruce-and-beau-barnes-discussIn the law and practice of international investigations section of the Global Investigation Review, Michael Kim and Robin Baik discuss legal issues arising in cross-border investigations and regulatory enforcement matters in Korea.
https://kobrekim.com/insights/publications/michael-kim-and-robin-baik-tackle-cross-border-legal-issuesAs the Serious Fraud Office (SFO) puts a triumphant spin on the stutter-stepping start of the UK’s Deferred Prosecution Agreement (DPA) era, UK corporates considering the DPA route remain wary.
https://kobrekim.com/insights/publications/roger-burlingame-and-andrew-wang-explore-deferred-prosecution-agreementsInternational judgment enforcement lawyers Jef Klazen, Marcus Green, and Matthew Kokot address the process of enforcing a judgment following arbitration in the United States in a recent chapter of The Arbitration Review of the Americas 2017, a guide produced by the Global Arbitration Review.
https://kobrekim.com/insights/publications/kobre-and-kim-lawyers-jef-klazen-marcus-green-and-matthew-kokot-discuss-the-enforcement-of-arbitral-agreementsAs joint venture agreements gain in popularity, corporate executives should be aware of the legal challenges and pitfalls that present themselves in these unique commercial arrangements.
https://kobrekim.com/insights/publications/jv-disputes-lawyers-explore-what-corporate-executives-need-to-know-before-entering-into-a-joint-ventureIn a recent article published in Fraud Intelligence, former federal prosecutor Jason Masimore discussed corruption within the global business community and what counterfraud professionals should do if bribery is suspected within an organization.
https://kobrekim.com/insights/publications/former-federal-prosecutor-jason-masimore-explores-key-issues-for-counterfraud-professionalsFormer federal prosecutor, Michael S. Kim, along with other members of the firm’s Korea disputes team, Robin J. Baik and S. Nathan Park, discuss special considerations for tracking and recovering assets in Korea in the latest edition of The Asset Tracing and Recovery Review.
https://kobrekim.com/insights/publications/kobre-and-kim-lawyers-author-chapter-on-asset-recovery-in-koreaTim Prudhoe, based in the firm’s British Virgin Islands office, in collaboration with English barristers Nathaniel P. Barber and Christopher J. Howitt, detail the process of asset recovery in the British Virgin Islands and Turks and Caicos in the most recent edition of The Asset Tracing and Recovery Review.
https://kobrekim.com/insights/publications/tim-prudhoe-nathaniel-barber-and-christopher-howitt-explore-how-to-track-fraudulent-assets-in-the-british-virgin-islands-and-turks-and-caicosIn what they call “a shot across the bow of the luxury real estate industry,” Kobre & Kim lawyers Vasu Muthyala and Beau Barnes explain the U.S. Treasury Department’s new federal rules imposed on title companies in a recent article featured on GlobeSt.com.
https://kobrekim.com/insights/publications/government-enforcement-defense-lawyers-vasu-muthyala-and-beau-barnes-analyze-new-regulations-targeting-all-cash-real-estate-purchasesThe discovery process can be lengthy and expensive, with judicial requirements to produce information often taxing the resources of both plaintiffs and defendants.
https://kobrekim.com/insights/publications/kobre-and-kim-trial-lawyers-explore-how-proactive-strategies-can-minimize-discovery-costsConventional wisdom says that a trial lawyer should never ask a nonleading question on cross-examination. But while it is true that novice trial lawyers are probably best served by sticking with this advice, there are very good reasons at times for more advanced practitioners to free themselves from the rule.
https://kobrekim.com/insights/publications/how-to-use-nonleading-questions-on-cross-examination-our-trial-lawyers-explain-in-law360-2With major changes to trade secret laws recently enacted in both the United States and Europe, Michael Ng, who leads the firm’s intellectual property and technology litigation efforts, explains in the September issue of the Association of Corporate Counsel Docket how these legal modifications will impact companies.
https://kobrekim.com/insights/publications/u-s-and-europe-trade-secret-laws-to-face-big-changes-ip-lawyer-michael-ng-explainsIn the fifth edition of Global Legal Insights — Litigation & Dispute Resolution, Tim Prudhoe and Christopher Howitt discuss the legal environment of the Turks and Caicos Islands. Drawing from their experience litigating in offshore jurisdictions, Mr. Prudhoe and Mr. Howitt explain the structure of the island nation’s judiciary system and discuss how the country’s laws compare to those of other offshore jurisdictions.
https://kobrekim.com/insights/publications/tim-prudhoe-and-christopher-howitt-explore-the-turks-and-caicos-legal-environment-in-global-legal-insights-litigation-and-dispute-resolutionChinese parties continue to invest increasingly large sums of capital into foreign ventures, with more than US $101 billion invested in the first quarter of 2016 alone. In a recent article in World Commerce Review, Shaun Wu and Andrew Wang explore the inevitable risk of disputes and litigation that arise from these deals.
https://kobrekim.com/insights/publications/shaun-wu-and-andrew-wang-discuss-how-chinese-parties-can-prepare-for-increasing-outbound-disputesFollowing the massive hack of nearly 120,000 bitcoins from digital currency exchange Bitfinex, Bitfinex spread its losses among all investors of the platform, rather than just users who lost bitcoins, amounting to 36% of each account.
https://kobrekim.com/insights/publications/jef-klazen-and-randall-arthur-tackle-investors-next-steps-following-massive-bitfinex-hackIn a recent Bloomberg News article, Jef Klazen discusses the legal liabilities facing hacked Hong Kong bitcoin exchange Bitfinex — the largest bitcoin exchange for the U.S. dollar prior to the attack.
https://kobrekim.com/insights/publications/jef-klazen-explores-fund-recovery-options-for-bitfinex-hack-victimsThe “Panama Papers” marks the single greatest leak of confidential information to date. In an article published in the August issue of The Corporate Counselor, Tim Prudhoe and Anna Gilbert discuss the unprecedented opportunities available to creditors following the release of this data, about 11.5 million documents, from the Panamanian law firm Mossack Fonseca.
https://kobrekim.com/insights/publications/tim-prudhoe-and-anna-gilbert-discuss-how-creditors-can-benefits-from-the-panama-papers-leakHong Kong-based investigations lawyers Vasu Muthyala and Shaun Wu spoke with the Asia Business Law Journal about top concerns for companies operating in Asia.
https://kobrekim.com/insights/publications/shaun-wu-and-vasu-muthyala-discuss-the-most-pressing-issues-for-multinational-companies-operating-in-asia
In an article in the August issue of The Bankruptcy Strategist, Rebecca Hume, Jeremy Hollembeak, and Anna Gilbert discuss the novel and evolving role that Chapter 15 of the U.S. Bankruptcy Code can play in cross-border bankruptcy proceedings.
https://kobrekim.com/insights/publications/rebecca-hume-jeremy-hollembeak-and-anna-gilbert-explore-how-international-litigants-can-use-chapter-15-to-optimize-financial-recoveries-in-foreign-insolvency-proceedingsIn light of the UK’s historic vote to leave the EU, dually qualified English barrister and U.S. lawyer Robin Rathmell spoke with InsideCounsel about the challenges and opportunities facing companies litigating in the UK.
https://kobrekim.com/insights/publications/robin-rathmell-discusses-how-brexit-will-impact-foreign-companies-with-litigation-pending-in-uk-courtsIn an article published in the July 2016 issue of Trusts and Trustees, Government Enforcement Defense lawyers Robert Henoch and Benjamin Sauter explore the U.S. government’s recent use of civil asset forfeiture actions in its offshore enforcement strategy.
https://kobrekim.com/insights/publications/robert-henoch-and-benjamin-sauter-explore-the-us-governments-far-reaching-power-of-civil-asset-forfeiture-and-what-foreign-foundations-and-fiduciaries-need-to-know-to-prepareMatthew Menchel, acclaimed trial lawyer and director of Kobre & Kim’s Center for Trial Advocacy, was featured in the “Trial Pros” Law360 series.
https://kobrekim.com/insights/publications/matthew-menchel-recognized-as-a-leading-trial-practitioner-in-law-360In articles published in Global Banking & Finance Review and Wealth Briefing, offshore litigators Tim Prudhoe and Anna Gilbert address the unprecedented opportunities that the leak of 2.6 million terabytes of electronic documents from the Panamanian law firm Mossack Fonseca has generated for creditors.
https://kobrekim.com/insights/publications/tim-prudhoe-and-anna-gilbert-discuss-the-opportunities-for-creditors-following-the-panama-papers-sagaIn an article published in Legaltech News, the authors offer a step-by-step guide of what a victim of email fraud should do to increase chances of recovery, including how to immediately freeze the funds, notify counsel, and work with local authorities.
https://kobrekim.com/insights/publications/michael-kim-randall-arthur-and-kelly-spatola-explain-provide-5-steps-for-victims-of-email-fraud-to-trace-and-recover-stolen-assetsIn an article for AFP Exchange, Michael Kim, Randall Arthur, and Kelly Spatola discuss the steps that financial professionals should take when their organizations fall victim to a business email compromise (BEC) scam.
https://kobrekim.com/insights/publications/michael-kim-randall-arthur-and-kelly-spatola-provide-advice-for-finance-professionals-whose-organizations-have-fallen-victim-to-business-email-compromiseFormer federal prosecutor Vasu Muthyala provides insight into the scrutiny Chinese companies face following the news that Chinese e-commerce firm Alibaba is the target of an ongoing investigation by the Securities and Exchange Commission in The Economist.
https://kobrekim.com/insights/publications/government-defense-lawyer-vasu-muthyala-addresses-the-growing-scrutiny-chinese-firms-face-from-u-s-regulatorsSan Francisco-based IP trial lawyer Michael Ng discusses the passage of the federal trade secrets act and implications for U.S. companies in Fast Company magazine.
https://kobrekim.com/insights/publications/ip-trial-lawyer-michael-ng-explores-the-newest-federal-trade-secrets-law-and-its-impact-on-u-s-companiesAsia-based government enforcement defense lawyer Vasu Muthyala, a former U.S. federal prosecutor, explores the risk of regulatory investigations for companies operating in India in Today’s General Counsel.
https://kobrekim.com/insights/publications/vasu-muthyala-discusses-the-corruption-risk-for-multinational-companies-in-indiaGovernment enforcement defense lawyers John Couriel, based in Miami, and Andrew Wang explore the U.S. Department of Justice’s (DOJ) increased focus on pursuing prosecutions against individuals for corporate misdeeds, and the particular impact it has had on companies and government officials in Latin America.
https://kobrekim.com/insights/publications/john-couriel-and-andrew-wang-detail-the-new-doj-cooperation-policy-and-the-importance-of-investigation-planning-for-latin-american-companiesIP litigation lawyer Michael Ng, based in the firm’s San Francisco office, and Israel-based lawyer Robert Henoch discuss litigation funding as a potential business solution for Israeli tech companies involved in intellectual property disputes in the latest edition of Legal Business magazine.
https://kobrekim.com/insights/publications/michael-ng-and-robert-henoch-explore-litigation-funding-as-a-solution-for-israeli-tech-companiesJef Klazen and Marcus J. Green, members of the firm’s international judgment enforcement team in the U.S., along with Timothy P. de Swardt, based in the firm’s British Virgin Islands office, discuss considerations for claimants or award creditors looking to enforce an arbitral award in Law 360.
https://kobrekim.com/insights/publications/enforcing-an-arbitral-award-kobre-and-kim-lawyers-discuss-strategies-for-successFormer federal prosecutor Vasu Muthyala, a member of the firm’s Asian Government Enforcement Defense team, and Asia-based US litigator Calvin Koo explore the risks of doing business in India in a Regulation Asia article titled “India Rising — Tread Cautiously.”
https://kobrekim.com/insights/publications/investing-in-india-vasu-muthyala-explains-the-risks-in-regulation-asiaAndrew Stafford QC examined the new regulatory environment and trends in the banking and finance litigation market in London in The Lawyer magazine.
https://kobrekim.com/insights/publications/kobre-and-kims-andrew-stafford-qc-discusses-litigation-trends-in-the-u-k-marketIn a recent article published by Bloomberg BNA, insolvency litigation and asset recovery attorneys Rebecca Hume and Randall Arthur discussed the ways that a strategic approach can help legal teams maximize returns to creditors in large-scale, cross-border insolvency matters.
https://kobrekim.com/insights/publications/rebecca-hume-and-randall-arthur-share-tips-for-maximizing-returns-in-cross-border-insolvency-and-asset-recovery-investigationsIn a recent Law360 article, William McGovern, a former enforcement lawyer at the U.S. Securities and Exchange Commission and a member of the firm’s Government Enforcement Defense team, explains the importance of Foreign Corrupt Practices Act compliance for directors and officers of nonprofit organizations.
https://kobrekim.com/insights/publications/directors-and-officers-need-to-plan-for-fcpa-compliance-william-mcgovern-explains-whyFormer U.S. Department of Justice prosecutor in London, Roger Burlingame and London-based U.S. lawyer Joshua Ray, collaborate with Aaron Stephens of Berwin Leighton Paisner LLP to examine how, despite new regulations in the UK, British whistleblowers will continue to turn to U.S. authorities with reports of misconduct.
https://kobrekim.com/insights/publications/with-an-increase-of-whistleblower-activity-in-the-uk-is-the-us-still-the-forum-of-choiceEnglish barrister Andrew Stafford QC and solicitor Carlos Pires discuss the significance of the Flanagan v Liontrust Investment Partners LLP decision by the English High Court on limited liability partnerships, the agreements that govern them, and the application of common law when a dispute arises.
https://kobrekim.com/insights/publications/high-court-decision-leaves-little-leverage-for-aggrieved-llp-members
Offshore litigation lawyers James Corbett QC and Jalil Asif QC contributed to the Cayman Islands chapter of Enforcement of Judgments and Arbitral Awards in Commercial Matters Global Guide.
https://kobrekim.com/insights/publications/kobre-and-kim-offshore-asset-recovery-attorneys-discuss-enforcement-of-judgments-and-arbitral-awards-in-cayman-islandsIn a recent article published by the Pipeline & Gas Journal, David McGill, a member of the firm’s Joint Venture and Partnership Disputes team, unpacks the business implications of an impending Texas court ruling on the appeal of Energy Transfer Partners L.P. v. Enterprise Products Partners L.P., a landmark jury judgment determining what types of business conduct establishes a legally binding partnership.
https://kobrekim.com/insights/publications/david-mcgill-explores-the-impact-of-a-landmark-judgment-and-pending-appeal-on-joint-venture-disputesIn this Corporate Counsel article, Randall Arthur and Jeremy Hollembeak, members of Kobre & Kim’s global insolvency team, examine several significant court decisions from 2015 and their influence on future insolvency strategies.
https://kobrekim.com/insights/publications/the-frontlines-of-cross-border-insolvency-lessons-to-learn-from-2015English barristers Andrew Stafford QC, James Corbett QC, and Robin Rathmell, based in the firm’s London and Washington DC offices, discuss the impact on U.S. companies of the creation of the Financial List, the UK’s newest specialty court.
https://kobrekim.com/insights/publications/how-will-londons-specialty-court-affect-u-s-companies-kobre-and-kim-attorneys-explore-the-issueIn a recent article published by Intellectual Property Magazine, Michael Ng and Daniel Zaheer explore the implications of a Federal Circuit ruling that preserves and expands laches in patent litigation.
https://kobrekim.com/insights/publications/whip-laches-ip-managers-beware-litigation-attorneys-michael-ng-and-daniel-zaheer-explain-whyKobre & Kim has contributed to the Cayman Islands and Hong Kong chapters of the 2016 edition of Getting the Deal Through: Enforcement of Foreign Judgments.
https://kobrekim.com/insights/publications/kobre-and-kim-attorneys-discuss-enforcement-of-foreign-judgments-in-the-cayman-islands-and-hong-kongHong Kong-based lawyers Randall Arthur and Calvin Koo co-authored a chapter in the third edition of The Asset Tracing and Recovery Review.
https://kobrekim.com/insights/publications/kobre-and-kim-analyses-the-landscape-of-asset-recovery-in-hong-kongDaniel Zaheer was quoted in the article titled “Full Federal Circuit Keeps Laches Defense Against Past Patent Infringement Damages,” featured in the September 25, 2015, issue of Bloomberg BNA’s Patent, Trademark and Copyright Journal.
https://kobrekim.com/insights/publications/daniel-zaheer-discusses-laches-litigation-and-damage-limitations-in-bloomberg-bnas-patent-trademark-and-copyright-journalOver the years, hedge funds have leveraged financial and legal expertise to pursue opportunities into litigation-sensitive investments. Carrie Tendler and Josh Sheptow examine the next wave of litigation-based investments and the potential for hedge funds acquiring large unexecuted court judgments to be the next trend in investment strategies.
https://kobrekim.com/insights/publications/are-large-judgments-the-next-target-for-hedge-funds-carrie-tendler-and-josh-sheptow-evaluate-trending-litigation-sensitive-investments-by-hedge-fundsKobre & Kim co-founder Michael Kim and New York-based lawyer Jef Klazen teamed up to author “Developing International Business Relationships: Why it Pays to Plan for Asset Tracing and Recovery from the Outset,” published in the August 2015 edition of Who’s Who Legal.
https://kobrekim.com/insights/publications/michael-s-kim-and-jef-klazen-co-author-article-on-defensive-techniques-for-global-liquidationKobre & Kim lawyers Jonathan Cogan, Tim Prudhoe, and John Couriel discuss legal options and rights often available to minority partners in the face of declining oil and gas prices and how proactively exercising these rights can be vital to maximizing the recovery of invested monies and other assets.
https://kobrekim.com/insights/publications/jonathan-cogan-tim-prudhoe-and-john-couriel-explore-how-oil-and-gas-investors-can-protect-their-financial-interests-in-a-turbulent-marketJef Klazen, Randall Arthur, and Gabrielle Liu explore the enforceability of judgments and the Singapore International Commercial Court (SICC), the latest dispute resolution forum in the region.
https://kobrekim.com/insights/publications/jef-klazen-randall-arthur-and-gabrielle-liu-discuss-singapores-newest-debut-to-its-dispute-resolution-forums-in-the-global-arbitration-reviewHong Kong-based William McGovern shared with the Hong Kong Lawyer an overview of the latest developments in anti-bribery and anti-corruption legislation in Asia and what we can anticipate happening during the remainder of 2015.
https://kobrekim.com/insights/publications/william-mcgovern-discusses-latest-developments-in-anti-bribery-and-anti-corruption-laws-with-the-hong-kong-lawyerHong Kong-based Randall Arthur shared with the Hong Kong Lawyer his insights into the insolvency law practice in Hong Kong and China.
https://kobrekim.com/insights/publications/randall-arthur-sheds-light-on-insolvency-law-landscape-in-hong-kong-and-chinaIn this article, Kobre & Kim lawyers Carrie Tendler, Jef Klazen, and Joshua Ray discuss the use of Chapter 15 to help recover U.S. assets.
https://kobrekim.com/insights/publications/how-do-you-recover-the-domestic-assets-of-a-foreign-judgment-debtor-chapter-15-proceedings-might-helpWith the exposure of MyCoin as a classic Ponzi scheme, investors are scrambling to recover up to HK $3 billion (US $387 million) of assets from around the world. Randall Arthur, a lawyer based in the firm’s Hong Kong office, offers perspectives on the international search to recover investor money.
https://kobrekim.com/insights/publications/randall-arthur-discusses-the-collapse-of-mycoin-and-the-complexities-of-hunting-for-assets-globallyIn this article, Hong Kong-based lawyer William McGovern explores the legal risks many Chinese companies face when endeavoring to grow their business in the U.S.
https://kobrekim.com/insights/publications/william-mcgovern-discusses-potential-legal-risks-chinese-companies-face-when-doing-business-in-the-u.s.William McGovern and John Han of the Hong Kong office shared with FinanceAsia, one of Asia’s leading financial publications, their insights into Asia’s regulatory landscape for the coming year.
https://kobrekim.com/insights/publications/hong-kong-attorneys-william-f.-mcgovern-and-john-han-share-their-thoughts-with-financeasia-on-what-to-expect-in-2015-year-of-the-asian-regulatorIn a Law360 article, former federal prosecutor Robert Henoch examines how the ongoing and aggressive effort by the U.S. government to extinguish international tax evasion by U.S. citizens is now focused squarely on Israel and its financial institutions.
https://kobrekim.com/insights/publications/robert-henoch-explains-why-the-pressure-is-on-for-israeli-banksIn this article, Steven Kobre and Leanne Bortner discuss how these privilege issues come into play in cross-border investigations and which steps should be taken to assess local privilege laws and avoid inadvertent waivers of privilege.
https://kobrekim.com/insights/publications/steve-kobre-discusses-with-the-new-york-law-journal-privilege-in-cross-border-investigationsIn this article featured in Corporate Counsel, New York- and British Virgin Islands-based lawyers Carrie Tendler and Tim Prudhoe, respectively, document the current trend in U.S. bankruptcy courts to provide recognition and assistance to bankruptcy proceedings in offshore jurisdictions through the lens of recent Chapter 15 applications.
https://kobrekim.com/insights/publications/carrie-a.-tendler-and-tim-prudhoe-analyze-the-increased-utility-of-chapter-15-bankruptcy-to-foreign-liquidatorsIn a recent interview with LEADERS magazine, Steven Kobre discusses the evolution of Kobre & Kim, the significance of differentiation in the legal services landscape, and what it means to be a law firm that is conflict-free.
https://kobrekim.com/insights/publications/steven-kobre-co-founder-of-kobre-and-kim-discusses-what-it-means-to-be-the-counsels-counselKobre & Kim has contributed to the Cayman Islands and Hong Kong chapters of the 2015 edition of Getting the Deal Through: Enforcement of Foreign Judgments.
https://kobrekim.com/insights/publications/kobre-and-kim-lawyers-contribute-to-getting-the-deal-through-enforcement-of-foreign-judgments-2015Several members of Kobre & Kim’s International Judgment and Asset Recovery team have authored three chapters in the 2014 edition of Getting the Deal Through: Asset Recovery.
https://kobrekim.com/insights/publications/kobre-and-kim-international-judgment-enforcement-and-asset-recovery-team-contributes-to-getting-the-deal-through-asset-recovery-2015In this article, Kobre & Kim analyzes the remedies available to international creditors attempting to find and seize assets hidden outside of Korea.
https://kobrekim.com/insights/publications/the-korean-governments-attempts-to-find-and-seize-assets-hidden-abroad-an-analysis-by-kobre-and-kims-korea-teamWhen must a company take steps to preserve its own documents that may serve as evidence in a lawsuit? In the U.S., the answer is well-known, though counterintuitive: before the litigation begins, when the prospect of litigation is present.
https://kobrekim.com/insights/publications/korean-company-and-u.s.-legal-risk-in-preserving-documents-a-discussion-from-kobre-and-kims-korea-teamRecently, the London legal market has seen an influx of former U.S. prosecutors, including London-based Roger Burlingame, putting their experience with U.S. law enforcement and prosecution tactics to work on large-scale international investigations.
https://kobrekim.com/insights/publications/roger-burlingame-of-kobre-and-kim-london-featured-as-leading-former-federal-prosecutor-in-london-by-legal-weekIn this article, Kobre & Kim discusses how the implementation of Foreign Account Tax Compliance Act will change and affect the dynamic between Korean financial institutions and their clients.
https://kobrekim.com/insights/publications/kobre-and-kims-korea-litigation-team-discusses-with-the-wall-street-journal-the-effectives-of-u.s.-tax-enforcement-on-korean-banks-William F. McGovern discusses how and, more importantly, where Asian regulatory investigations will affect internationally based financial institutions.
https://kobrekim.com/insights/publications/william-mcgovern-of-kobre-and-kim-hong-kong-discusses-asias-increased-focus-on-global-banking-investigations-in-the-wall-street-journalIn this article, Eric J. Snyder and Benjamin J.A. Sauter share their views on how foreign governments and offshore financial institutions are handling Foreign Account Tax Compliance Act compliance issues with respect to U.S. account holders.
https://kobrekim.com/insights/publications/kobre-and-kims-offshore-tax-team-discusses-fatcas-global-reach-and-implications-for-offshore-professionalsThe American Lawyer recently published a profile of Kobre & Kim’s representation of Chevron in litigation against gaming billionaire Russell DeLeon in his role as the litigation funder behind Steven Donziger’s multibillion-dollar Ecuadorian pollution lawsuit against Chevron.
https://kobrekim.com/insights/publications/kobre-and-kims-representation-of-chevron-in-gibraltar-profiled-in-the-american-lawyer-Kobre & Kim partnered with the Association of Corporate Counsel for a live webinar, which took place on April 24, 2014, to discuss the hot-button issue of enforcing international judgments and arbitration awards.
https://kobrekim.com/insights/publications/kobre-and-kim-llp-presents-monetizing-large-judgments-and-arbitration-awardsSteven G. Kobre, co-founder of the firm, has been named one of the world’s leading investigations lawyers for 2014 by the publishers of Global Investigations Review. Mr. Kobre has earned a reputation as a foremost authority in this field for his numerous, successful government investigation and enforcement defense matters.
https://kobrekim.com/insights/publications/steven-g.-kobre-recognized-as-foremost-authority-among-investigations-lawyers-and-forensic-expertsSeveral members of Kobre & Kim’s International Judgment and Asset Recovery team have authored three chapters in the 2014 edition of Getting the Deal Through: Asset Recovery.
https://kobrekim.com/insights/publications/kobre-and-kim-international-judgment-enforcement-and-asset-recovery-team-contributes-to-getting-the-deal-through-asset-recovery-2014James Corbett QC and Pamella Mendez co-authored a chapter on the enforcement of foreign judgments in the Cayman Islands, exploring the common law provisions and principles the country provides in aid of the enforcement of foreign judgments.
https://kobrekim.com/insights/publications/kobre-and-kim-cayman-lawyers-contribute-to-getting-the-deal-through-enforcement-of-foreign-judgments-in-the-cayman-islands-2014In this industry news update, experienced British Virgin Islands (BVI)practitioner Peter Tyers-Smith provides a synopsis of recent trends in the recognition and enforcement of cross-border insolvency judgments in the BVI, particularly in the context of U.S. judgments in the BVI.
https://kobrekim.com/insights/publications/foreign-insolvency-judgments-in-the-bvi-recognition-and-enforcement-post-rubin-england-and-wales-supreme-court-bvi-finance-december-2012Attorney Advertising. Prior results do not guarantee a similar outcome.