Insights

Global GC Edward Bibko on New Role, Leadership and the Legal Profession in Corporate Counsel Business Journal Q&A

Kobre & Kim’s global general counsel Edward Bibko sat down with Corporate Counsel Business Journal for a Q&A on his new role at the firm, his leadership style and his observations of the legal profession.

Robin Baik & Daniel Lee Unpack Korea’s Anti-Money Laundering Regime in 2021

Writing in a chapter of the International Comparative Legal Guide’s “Anti-Money Laundering 2021,” Kobre & Kim’s Robin Baik and Daniel Lee, both based in Seoul, explore the landscape of anti-money laundering laws and regulations in Korea.

How SPAC Sponsors Can Protect Themselves and their Investments in a Cooling Market

Dissolving a Delaware-Registered Joint Venture: A Key Pressure Tactic in Joint Venture Disputes

When Investments Lead to Investigations: Navigating Korea’s Disclosure Rules for Foreign Investors

Could NFTs Trigger AML Regulation? Benjamin Sauter, Melisa Ortes Gonzalez and Lara Levinson Examine in Forkast News

Non-fungible tokens (NFTs) are the latest digital technology trend, but they may not be beyond regulatory oversight. Kobre & Kim’s Benjamin Sauter, Melisa Ortes Gonzalez and Lara Levinson unpack the potential traps in an article for Forkast News.

Danielle Rose, Steven Perlstein and Zachary Rosenbaum on Contractual Disputes Triggered by the End of LIBOR

With the end of the London Interbank Offered Rate (LIBOR) looming, contractual counterparties should prepare for disputes regarding “fallback” interest rates.  

Benjamin Sauter in WIRED: Can a Tweet be Considered Market Manipulation?

Tesla founder Elon Musk’s tweets have the power to send bitcoin prices crashing and Dogecoin prices soaring. But with Tesla sitting on a pile of bitcoin, some are asking whether Musk’s tweets amount to illegal manipulation.

Michael Kim and CSO Gary Singer Speak with American Lawyer on Kobre & Kim’s Approach to Strategy

In an interview with The American Lawyer, Kobre & Kim co-founder Michael Kim and Chief Strategy Officer Gary Singer discuss the impact that strategic leadership from talent outside of the legal services industry can have on a law firm’s growth trajectory.

Benjamin Sirota Discusses U.S. Supreme Court Ruling Against the U.S. Federal Trade Commission

In a recent opinion, the U.S. Supreme Court unanimously ruled that the U.S. Federal Trade Commission (FTC) does not have the authority to directly seek monetary relief. Kobre & Kim’s Benjamin Sirota sat down with Global Competition Review to comment on one notable aspect of the court’s opinion.

Former DOJ Prosecutor Michael Sherwin Discusses Move to Kobre & Kim with Law360

In a recent interview with Law360 marking his start at the firm, Kobre & Kim’s Michael Sherwin, a former top U.S. Department of Justice (DOJ) prosecutor, explained the reasons for his move to private practice from prosecution to defense, as well as the global trends this move allows him to capitalize on.

Benjamin Sauter, Jonathan Cogan and Lydia Halpern on Standing Up to the CFTC’s Wash Trading Theories in Traders Magazine

The U.S. Commodity Futures Trading Commission (CFTC) has a reputation of overreach, asserting aggressive legal theories in hopes of bulldozing companies into submission. Their target now is on wash trading but, as Kobre & Kim’s Benjamin Sauter, Jonathan Cogan and Lydia Halpern write in Traders Magazine, their theories are just as dubious as before, and traders should not be afraid to push back.

Evelyn Sheehan and Amanda Tuminelli Pen Article on the New U.S. Administration’s Anti-Corruption Efforts in Latin America

With the new U.S. administration expected to double down on anti-corruption enforcement efforts, and with recent legislation providing them new tools to do so, high-net-worth individuals (HNWIs) in Latin America are likely to be the focus of scrutiny. Kobre & Kim’s Evelyn Sheehan and Amanda Tuminelli examine the impending risks in an article for the Anti-Corruption Report.

Bill McGovern on New SEC Chair Gary Gensler’s Potentially “Historic” Leadership

With the U.S. Senate confirming Gary Gensler as chair of the U.S. Securities and Exchange Commission (SEC), Kobre & Kim’s Bill McGovern, a former SEC branch chief, sat down with Compliance Week to explore how Gensler will lead the agency.

Scott Hulsey and William McGovern Survey U.S. Corporate Fraud and Corruption Enforcement Trends in Q&A

In a Q&A for Financier Worldwide, Kobre & Kim’s Scott Hulsey and William McGovern examined the latest trends in U.S. corporate fraud and corruption enforcement.

Don't Stand Passive Against Anti-Competitive Behavior: U.S. Court Endorses Private Sector Antitrust Tools

Benjamin Sirota and David McGill on Antitrust and Financial Services in Part 3 of Antitrust Podcast Series

Financial services institutions often focus on the actions of enforcers like the Securities and Exchange Commission and the Commodity Futures Trading Commission in assessing their exposure.  And rightly so.  What they may fail to consider, however, are the antitrust risks of their business dealings, particularly as government enforcement agencies and private parties increasingly employ antitrust perspectives. 

Michael Ng Discusses Intel’s $2.2B Patent Judgment With Chinese Media 21CBR

Last week, a federal jury in Texas returned US $2.18 billion verdict against semiconductor giant Intel for infringement of two semiconductor patents. In an interview with Chinese magazine 21st Century Business Review (21CBR), Kobre & Kim intellectual property litigator Michael Ng shared his thoughts on the case.

John Han, Merrick Watson and Timothy de Swardt Unpack Their “Groundbreaking” BVI Judgment in Global Restructuring Review

In a groundbreaking judgment obtained by Kobre & Kim, the BVI Commercial Court for the first time made a committal order against a personal defendant residing outside of the British Virgin Islands for failing to appear at a hearing. With their colleague John Han, Kobre & Kim’s Merrick Watson and Timothy de Swardt, who obtained the ruling, explained the significance of the judgment in an article for Global Restructuring Review.

The Corporate Transparency Act: Is it Actually Helpful for Private Parties?

Calvin Koo Pens Article in Wealth Briefing Asia on the Legal Risks for Asia-Pacific Investors Interested in Bitcoin

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.

Benjamin Sauter Speaks with Cointelegraph on U.S. State vs Federal Digital Currency Regulation

Days 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.

Sean Buckley and Amanda Tuminelli on Pretrial Release Strategies for Wealthy Defendants in Law360

Ghislaine 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.

Kobre & Kim Lawyers in CoinDesk Op-Ed: The Dangers of Calling the GameStop Rally “Market Manipulation”

The 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.

Benjamin Sirota, Nicholas Surmacz and Joshua Huang on Antitrust and Offensive Investigations in Part 2 of “Antitrust” Podcast Series

Around 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.

Kobre & Kim Lawyers in Bloomberg Law: New Wire Fraud Theory Targets Securities and Digital Currency Traders

As 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.

Benjamin Sauter Explains Precedent-Setting Digital Currency Recovery Case

A 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.

David McGill Discusses Implications of GameStop Rally with Compliance Week

As 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.”

Evelyn Sheehan and Jason Short on New U.S. AML Risks for High-Net-Worth Individuals and Politically Exposed Persons

As 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.

Andrew Lourie on Market Manipulation and the Legal Risks Facing Gamestop Traders

Reddit 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.

Steven Kobre Joins Managing Partner Roundtable on Addressing COVID-19 Challenges

Kobre & 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.

Keeping Offshore Assets Offshore

Wealth Talk: Farrington Yates on Using U.S. Insolvency for Cross-Border Information Gathering

It 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.

Benjamin Sirota, Daniel Zaheer and Michael Ng on the Intersection of Antitrust and Intellectual Property

Though 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.

Polly Wilkins Analyzes How U.S. May Extend AML Regulations into Antiquities Market in The Wall Street Journal

The 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.

Evelyn Sheehan Points to a Possible Boost of U.S. Sanctions Enforcement in 2021 with Global Trade Review

As 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.

Nicholas Surmacz Evaluates New U.S. Powers to Subpoena Foreign Banks in GIR

The 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. 

Wealth Talk: Carrie Tendler on Looking at Litigation Risks as a Necessary Part of Asset Structure Evaluation

For 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.

Wade Weems Analyzes the Uyghur Forced Labor Prevention Act for the Anti-Corruption Report

The 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.

Nicholas Surmacz Unpacks the New Kleptocracy Asset Recovery Rewards Act in Law360

As 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.

Evelyn Sheehan Explains Recent OFAC Enforcement Actions in Global Trade Review

A 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.

Sean Buckley Analyzes Sanctions Risks for U.S. Data Firm Linked to QAnon and Hamas Websites

After 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.

David McGill on the CFTC’s Policy Agenda in 2021

With 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.

Wade Weems Discusses Enduring U.S.-China Conflict Over TikTok in the South China Morning Post

Tech 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.

Wealth Talk: Jonathan Cogan on Opportunities and Risks from Utilizing U.S. Courts in Joint Venture Disputes

In 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.

Tim Haynes, John Han and Jason Kang Dispel Myths on Enforcing Chinese Judgments and Awards Overseas in Caixin

As 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.

John Han, Su Mien Tee and Francesca Ip Analyze Implications of Recent Hong Kong Ruling on Challenging and Enforcing Awards in GAR

A 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. 

Wealth Talk: Nicholas Surmacz on Investigations and Extradition Risks Facing African HNWIs

In 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.

India-Based Debtors Can Face Off Against Global Lenders

Wade Weems and Calvin Koo Look at the First Few Months of Hong Kong’s National Security Law in China Business Review

Five 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.

Robin Baik and Daniel Lee Explain Securities Investigations in Korea for GIR

Writing 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.

Wealth Talk: Jason Short on the Regulatory Crackdown in the Global Art World

In 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.

Andrew Stafford QC on How to Enforce Investor-State Arbitration Awards Against Recalcitrant Sovereign Entities

Investors 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.

The Dark Side of 1782: Defending Against Aggressive U.S. Discovery Actions

Wealth Talk: Polly Wilkins on How European Private Clients Can Address Reputation Challenges in 2021

In 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. 

Robin Rathmell on Fighting Money Laundering in the Art Market

Crime 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.

Wealth Talk: Evelyn Sheehan on the DOJ’s “Long Reach” towards Latin America’s HNWIs

In 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).

U.S. Federal Judge Sides with Kobre & Kim in Potentially Far-Reaching Spoofing Decision

Kobre & 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.

Wealth Talk: Sean Buckley on Navigating U.S. Sanctions Risks

In 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.

Gabriela Ruiz, Scott Nielson, Carolina Leung on Enforcing Foreign Judgments in Brazil

Latin 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.

Jalil Asif QC: EU Removing Cayman from Tax Blacklist Signals Easier Asset Tracing to the Offshore Center

On 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.

Andrew Stafford QC and Evelyn Sheehan Ask “Who Owns a Bribe?” in Expert Analysis Chapter for ICLG

A 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.”

Kobre & Kim Lawyers Examine the Latest Asset Tracing Trends in BVI, Hong Kong and South Korea

Due 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.

Evelyn Sheehan and Jason Short on the DOJ’s Growing Reach Into Latin America

The 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.

Wealth Talk: John Han on Risks and Strategies for Wealth Advisers and Clients Shifting Wealth Out of Hong Kong

In 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.

Scott Hulsey Discusses the New Legal Perils Triggered by the Pandemic with The Wall Street Journal

“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.

Wade Weems Weighs In on Prospects of a “Probable” TikTok Deal in Politico

The 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.

Wade Weems, Chang Liu and Nan Wang on U.S. Enforcement Risks to Wealthy Chinese Individuals

As 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.

Wade Weems Analyzes Herbalife FCPA Settlement with Anti-Corruption Report

Herbalife 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.

John Han, Evelyn Sheehan and Wade Weems on the Risks of Wealthy Hong Kong Individuals’ Moving Assets Abroad

China’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.

Wade Weems Looks at Next Steps after TikTok’s Oracle Deal with South China Morning Post

With 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.

Ulrich Payne Analyzes Offshore Insolvency and Litigation Finance Trends with Burford Capital

Despite, 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.

Wealth Talk: Wade Weems on U.S.-China Trade War and Risks to Chinese Individuals

In 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.

Benjamin Sauter on Responding to the Ethereum Classic Attack and the Implications for the Blockchain Industry

What 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.

Benjamin Sauter Advocates “Taking On the CFTC” in Traders Magazine Op-Ed

The 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.

Benjamin Sirota Comments on the New International Antitrust Cooperation Framework in Compliance Week

A 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.

Wade Weems Analyzes World Bank Investigations from a Chinese Perspective

Like 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.

Andrew Stafford QC Analyzes Implications of Koza v Koza Altin Isletmeleri on Cross-Border Arbitration Funding

A 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.

Rebecca Hume on the Unsettled Questions of Cayman’s Section 238

With 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.

Benjamin Sirota Contrasts U.S. and European Antitrust Regime for Crain’s New York Business

A 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.

Evelyn Sheehan and Beau Barnes Discuss the U.S. “Sledgehammer” Seizure of Iranian Oil in Global Trade Review

The 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.

Evelyn Sheehan Analyzes U.S. Seizure of Iranian Oil Bound for Venezuela in S&P Global Platts

The 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.

Wade Weems Assesses TikTok’s Legal Options in the U.S. for the South China Morning Post

The 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.

Kobre & Kim Analyzes First OFAC Case Against an Individual in Years for the Wall Street Journal

For 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.

Jason Short on OFAC Sanctions and Ransomware Payments

Businesses 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.

Clashing with Titans: Maximizing Returns on Sovereign Judgment Enforcement

When Sovereign Judgment Debtors Fight Back: Clashing with Titans

Benjamin Sauter on the CFTC’s Strategic Plan for Digital Assets

The 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.

Michael Kim in Law360: On the Firm’s Past, Present and Future

Kobre & 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.

Wade Weems, Nathan Park and Beau Barnes on How the U.S. Government can Hurt Chinese Social Media App “TikTok”

The 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.

Evelyn Sheehan on the DOJ’s Challenges in Returning Corrupt Proceeds

Though 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. 

Ben Sirota on the DOJ Antitrust Division’s New Approach to Price-Fixing Cases

Kobre & 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.

Michael Kim and Daniel Lee Explain Extradition in South Korea for GIR

Writing 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.

Wade Weems and John Han on Hong Kong’s Loss of U.S. Preferential Trading Status

The 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.

Vasu Muthyala in Law360: Indian Companies Should Prepare for Risk of U.S. Enforcement

Beneath 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.

Podcast: William McGovern on the Recent Rise and Future of Whistleblowing Programs

Kobre 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.

Lian Lian on COVID-19, cross-border trade disputes, and other global challenges facing Chinese companies in 2020

In 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.

Evelyn Sheehan and Beau Barnes Analyze the DOJ’s Civil Forfeiture Bid Against Iranian Oil En Route to Venezuela

A 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.

John Han Discusses Chinese UHNWIs in Hong Kong and COVID-19-triggered Litigation in Live Interview with Citywealth

Sharing 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.

Jeremy Bressman Discusses Post-COVID-19 Legal Trends with IsraelDesks

Tel 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.

Kobre & Kim Lawyers on Using U.S. Discovery for Israeli Disputes

Israel 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.

U.S. Congressional Investigations of COVID-19 Federal Aid Likely to Go Global

Recipients 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.

New tools to defend against aggressive non-U.S. insolvencies

Nick Cherryman on the Hidden Tensions behind the UK’s Unexplained Wealth Orders

The 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.

Asia-based Kobre & Kim Team on Monitorship Trends in East Asia

Unlike 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.”

Zach Rosenbaum and Danielle Rose on Looming CLO Litigation post COVID-19

Collateralized 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.

Michael Kim on COVID-19 and the Agile Response of U.S. Law Firms

The 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.

Michael Kim, Daniel Lee and Nathan Park on South Korea’s New Digital Currency Legal Regime

“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.

Beau Barnes on U.S. Sanctions on Iran and Compliance with the ICJ

Is 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.

Farrington Yates Unpacks his Insolvency Practice in Vault Q&A

As 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.

Michael Kim on South Korea’s COVID-19 Economic Struggles

South 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.

Kobre & Kim on Navigating Post COVID-19 Valuation Disputes in Bloomberg Law

Massive 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.

Matthew Menchel on the “New Normal” of COVID-era Jury Trials

Kobre & Kim’s Matthew Menchel recently spoke with Bloomberg Law on new courtroom dynamics as COVID-19 lockdowns ease and judges reboot jury trials.

Kobre & Kim on the U.S. TRAP Act and the (Potential) End of INTERPOL Notice Misuse in Law360

In 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. 

Podcast: Robin Rathmell on the Compliance Risks for Companies that Deal with High-Net-Worth Clients

Kobre & 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).

Daniel Saval on Faraday Founder Jia Yueting’s Evasive Bankruptcy Plan

Kobre & 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.

Clearing Your Name: Fending Off Trade Secret Theft Judgment Claims

Michael Kim: Post-COVID Landscape Will Yield Increased Fraud on Global (non-U.S.) Scale

Kobre & 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.

Robin Rathmell Speaks with The New York Times on Ultra High-Net-Worth Individual Matrimonial Disputes in the time of COVID-19

Kobre & 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).

Michael Rosen Discusses the Economic Impact of COVID-19 with Israeli Newspaper Calcalist

Kobre & 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.

Oleg Shaulko on the Potential New Wave of Litigation Funding in Ukraine

Kobre & 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.

An Opportunity across the Pond: U.S. Discovery Developments can Drive UK Proceedings

Scott Hulsey, William McGovern, Benjamin Sauter and Hartley West on the Risk of Regulatory Scrutiny for Companies Post-COVID-19

Kobre & 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.

Scott Hulsey: The Landscape of U.S. Corporate Fraud and Corruption in 2020

Kobre & 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.

Zachary Rosenbaum Convinces Court with “Damning” Evidence in Fund Ponzi Suit

Kobre & 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.

Making Patents Pay: Monetizing Dormant Assets in an Economic Downturn

Ninth Circuit Reverses Dismissal of Privacy-Related Claims Against Facebook, Adopting Arguments in Amicus Brief by Kobre & Kim

Kobre & 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.

Calvin Koo on Hong Kong Courts’ Use of Long-Standing Legal Tools to Cutting-Edge Technologies

Kobre & 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.

Matthew Boucher and Nathan Park on “The Future of Chaebols”

Kobre & 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.

Martin De Luca Talks Force Majeure and New York Law with Law360

Kobre & 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.

Jef Klazen on the Challenges and Opportunities of Global Asset Recovery in 2020

Kobre & 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. 

Robin Rathmell Speaks with Forbes on Digital Threats to High-Net-Worth Individuals

Kobre & 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.

Coronavirus: Buying Time in Uncertainty

Andrew Stafford QC and James Chapman-Booth on Using Insolvency to Recover Assets

Kobre & 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.

David McGill Discusses DOJ’s MLAT Controversy with the National Review

Kobre & 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. 

Kobre & Kim Files Countersuit Against Adare in Waldorf Astoria Financing Case

A 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.

Wall Street Journal: Kobre & Kim Files Motion Challenging DOJ Use of Foreign-Evidence Requests

The 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.

Beau Barnes Discusses U.S. Lifting Sanctions on Chinese Shipping Tanker

Kobre & 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.

Michael Ng Quoted in Bloomberg Article Addressing Changes in Patent Enforcement Litigation Strategies

Kobre & 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.

Benjamin Sirota Discusses the Farelogix-Sabre Merger with Bloomberg Law

Kobre & 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.

David McGill on Spoofing, the Statute of Limitations, and “Prosecution by Hindsight”

Kobre & 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.

Robin Rathmell on the Legal, Commercial and Reputational Risks for UHNWI’s with Forbes

Kobre & 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.”

American Photographer Accuses Bank of Funding Terrorists Who Kidnapped Him

A 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.

William McGovern on FCPA Violations, Market Manipulation, and Differing U.S.-China Bribery Enforcement

Kobre & 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.

Scott Hulsey on the DOJ’s Enforcement Priorities in 2020

Kobre & 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.

Benjamin Sauter Discusses “Fintech Litigation to Watch in 2020” in Law360

Benjamin 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.

Clearing Your Name: When Trade Secret Disputes Become a National Security Issue

Nathan Park on Qualcomm, the KFTC and the Globalization of Competition Enforcement

Nathan 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.

Benjamin Sirota Discusses Qualcomm’s Dual Class Action Cases in Bloomberg Law

Qualcomm 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.

Gary Singer on How Kobre & Kim Addresses the Question of “To Scale or Not to Scale”

Kobre & 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.

Robin Baik listed as ‘Leading Lawyer’ in Legal Times Korea

Kobre & Kim’s Robin Baik was recently listed as a “Leading Lawyer” in top-tier Korean legal publication Legal Times Korea.

John Han Discusses Cross-Border Accountability in China and Japan in Trial Magazine

Kobre & 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.

Kobre & Kim’s FOIA Suit against CFTC Published in The Wall Street Journal

Kobre & 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.

Kobre & Kim Goes After the CFTC over Settlement Gag Order: National Law Journal

Kobre & 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.

Kobre & Kim Fights Back Against Chinese Billionaire Debtor’s Bankruptcy Plan: The Verge

Acting 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.

Robin Rathmell and Sean Buckley Discuss Sanction Compliance for Foreign Companies in Levick’s eBook

White-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.”

Jeremy Bressman Speaks with Israel Desks on Foreign Investors in China

In 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.

Clearing Your Name against U.S. Civil Trade Secret Theft Claims

Kobre & Kim Denounces Chinese Billionaire Debtor’s Bankruptcy Plan in Law360

As 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.

Kobre & Kim Discusses SEC’s “regulation-by-enforcement mentality” in ICO case with Cointelegraph

Kobre & 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).

Global Kobre & Kim Issues $100m Summons Against Indian MNC in Dutch Court for Defiance of Asset Freezing Order

A 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.

Benjamin Sirota Discusses Probes that Big Tech Companies are Facing and their Potential Effects with Law360

Kobre & 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.

Kobre & Kim Discusses Cross-border Judgment Enforcement in the Wake of a No-Deal Brexit in Law 360 UK

Seasoned 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.

Kobre & Kim Secures $233 Million Freezing Order in a Dutch court against India-based MNC

Kobre & 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.

Kobre & Kim International Judgment Enforcement Team in AmLaw: “The Judgment Bloodhounds are at it again”

Kobre & 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”.

Evelyn Sheehan Discusses FinCEN’s Bolstered Investigation and Enforcement Measures in GIR

Kobre & Kim’s Evelyn Sheehan spoke with Global Investigations Review on the message these new enforcement measures send to the global financial market.

Scott Hulsey Discusses How Foreign Companies Can Navigate Dawn Raids in Bloomberg Law

Kobre & 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.

Who’s Who Legal Recognizes Twelve Kobre & Kim Lawyers as Leading Practitioners in Asset Recovery

Who’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.

Beau Barnes on the Impact of OFAC Blacklisting Digital Currency Addresses in Sanction Enforcement Actions with Law360

Kobre & Kim’s Beau Barnes discusses the U.S. Office of Foreign Assets Control’s (OFAC) recent blacklisting of cryptocurrency addresses with Law360.

Kobre & Kim Secures California Order Calling Chinese Billionaire Jia Yueting for Examination

In 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.

Benjamin Sauter Discusses CFTC Overreach with the Financial Times

Kobre & 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.

Jef Klazen, Marcus Green and Chris Cogburn Discuss the Current State of Arbitration Award Enforcement in the U.S.

Jef 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.

Hartley West Unpacks Her Government Enforcement Defense Practice in Vault Q&A

As 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. 

Ben Sirota Discusses a New Development in Antitrust Compliance from the DOJ Antitrust Division

Kobre & 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. 

Kobre & Kim’s Robert Henoch sits down with the Israel CFO Forum

Following 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. 

Kobre & Kim listed as a “firm to watch” for India-related matters by India Business Law Journal

Kobre & 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.

Kobre & Kim Lawyers Discuss Cross-Border Judgment Enforcement and Asset Recovery in U.S.-Israel Legal Review

A 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.

China’s Belt and Road Initiative Could Lead to a Trail of Global Corruption Investigations

Kobre & Kim in Foreign Policy: Chinese banks are the next frontline of the U.S.-China Trade War

Kobre & 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.

Nathaniel Barber Discusses the Future of FCA Enforcement Post-Brexit in CDR

English 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.

Beau Barnes speaks with GIR on Sanctions Enforcement in the Digital Currency World

With 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.

Wade Weems with South China Morning Post on Chinese Banks’ Possible Breach of U.S. North Korea Sanctions

Kobre & 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.

Nathaniel Barber Speaks on the FCA’s Final Report on the Royal Bank of Scotland’s GRG division with Commercial Dispute Resolution

London-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.

Extradition & Due Process: U.S. Asylum Seekers Are on “Notice” Too

Wade Weems quoted in New York Times Investigation on Corruption within China’s Healthcare Industry

Kobre & 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.

Benjamin Sauter Discusses Wyoming Cryptocurrency Laws and Federal Regulation in Wired

Kobre & 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.

Cross-Border Disputes Heavyweight Nick Cherryman Joins Kobre & Kim’s London Office

Kobre & Kim is pleased to announce Nick Cherryman, a leading international commercial disputes lawyer, has joined our London office.

Benjamin Sauter and David McGill on the current Kik-SEC clash in Law 360

Kobre & 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). 

Benjamin Sauter on How Kik v SEC Could Change How the SEC Regulates Cryptocurrencies in Wired

Kobre & 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.

To Catch a Debtor: Seizing the Money

Beau Barnes Speaks with Law360 on OFAC’s Recent Enforcement Action

This 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.

Kobre & Kim Lawyers on How Businesses Can Protect Themselves from Automated Intruders

A 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.

Benjamin Sauter and David McGill on Kik’s Defend Crypto fund, and taking on the SEC

Kobre & 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.

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

Kobre & Kim Attorneys Discuss the Impact of Global Monitorship Actions on East Asia in GIR’s Guide to Monitorships

A 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.

Chief Strategy Officer Gary Singer on the Importance of Referral Relationships with The American Lawyer

Kobre & 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. 

Robert Henoch Examines Potential for FCPA Enforcement Actions into Israel in Haaretz

Kobre & 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.

U.S. Increasingly Enforcing Against India

“Cartels Beware”: U.S.-Korea Antitrust Enforcement Likely to Reach a New Scale

Beau Barnes Discusses Potential OFAC Enforcement Strategy Shift from Companies to Executives

Kobre & 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.

To Catch a Debtor: Freezing the Money

Benjamin Sirota on DOJ Antitrust’s Evolving Treatment of Corporate Compliance Programs with New York Law Journal

Kobre & 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.

Michael Kim Discusses Criminal Apprehension and Repatriation by the U.S. in a Highly Political Event

Firm 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.

Kobre & Kim Attorneys Detail Strategies for Enforcing Judgments against Sovereign Entities in Mealey’s

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.

Jason Kang with South China Morning Post: New Risks for PRC-Facing Foreign Investors

Kobre & 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.

To Catch a Debtor: Finding the Money

Successfully Fighting a Spoofing or Market Manipulation Subpoena from the DOJ or the CFTC

Recovering Stolen Funds from Business Email Fraudsters

Podcast: Jake Chervinsky Explores the Future of Digital Currency on Tales from the Crypt

On 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.

Benjamin Sauter and Jake Chervinsky Discuss the Rise of “Stablecoins” with CoinDesk

Kobre & 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.

Clashing With Titans: Effective Judgment Enforcement Against Sovereign Entities

Kobre & Kim on the Importance of Rule 4(m) for International Defendants in Westlaw

A 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.

Kobre & Kim places in AmLaw’s “Litigators of the Week” after victory in DRW case

A 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). 

Nathaniel Barber unpacks the FCA’s first-ever competition decision with CDR

Kobre & Kim attorney Nathaniel Barber spoke with Commercial Dispute Resolution on the “landmark” first competition decision for the UK’s Financial Conduct Authority (FCA). 

Beau Barnes Evaluates the ‘Fine Art of Evading Sanctions’ in The Media Line

Kobre & 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.

Kobre & Kim Discusses Asset Recovery in HNWI Divorce Cases with Citywealth Magazine

London-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.

Beau Barnes Evaluates the ‘New Iranian Sanctions-busting Cryptocurrency’ in The Media Line

Kobre & 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.

Andrew Stafford QC Analyzes the Potential Impact of No-Deal Brexit on Cross-Border Litigation with The Times

London-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.

AmLaw: “How Judgment Bloodhounds at Kobre & Kim Help Winners Get Paid”

Two 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.

A New Opportunity to Avoid Cyberattacks From the U.S.

Kobre & Kim Attorneys Pick Apart Offshore Asset Protection Trusts in the New York Law Journal

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.

Kobre & Kim Attorney Dan Saval Talks Bankruptcy Issues in Cryptocurrency on Debtwire Radio

Kobre & 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.

U.S. Enforcement Against the PRC: Preparing for the Next Wave

Kobre & Kim and the Impact of ‘Weinstein Clauses’ on M&A Investigations in The Wall Street Lawyer

A 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.

Matt Menchel Dispels “Conventional Wisdom” Trial Lawyers Follow for Cross-Examination in Law 360

Kobre & Kim attorney Matt Menchel spoke with Law360 on the process of cross-examination, dispelling conventional rules many novice trial lawyers practice in Law360. 

Empowering Israeli Innovators to Take on Industry Giants

Kobre & Kim Analyzes OFAC Crypto Sanctions Designation in CoinDesk

A 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.

Nathaniel Barber Discusses SFO Enforcement Strategies with Commercial Dispute Resolution

Kobre & 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.

A New Door to Obtaining Business Intelligence in Offshore Cases

Kobre & Kim Explains the Global Reach of U.S. Sanctions in the New York Law Journal

A 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. 

Navigating Global Matrimonial Disputes: Four Steps to High-Value Asset Recovery

Kobre & Kim Break the Traditional “Rules” of Direct Examination, in Law 360

Kobre & 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. 

Kobre & Kim Analyzes Bribery Risks Threatening Investment in the “New Indian Economy,” in Bloomberg

Kobre & 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.

Kobre & Kim Analyzes the Business Impact of “Policing Speech Monopolies” in Law360

A 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.

The New Art Fraud: Galleries, Dealers are Next Global Hacking Targets

A 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.

Jake Chervinsky: Defending Crypto from the SEC

Jake 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.

The New Art Fraud: Galleries and Dealers Are the Next Global Hacking Targets

What Bitcoin Did: An Interview with Jake Chervinsky

Jake 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.

Corruption Probes in LatAm Aren’t Just Local Issues

What an SEC Bitcoin ETF Rejection Review Really Means

Following 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.

Beware the Reach of U.S. Sanctions

5 Questions Raised By the DOJ's Partnership With Global Antitrust Enforcers

4 Pitfalls to Avoid When Conducting Cross-Border Investigations of Shareholder Demands

Precedent-Setting Digital Currency Recovery Team Explores Options for Fraud Victims

David 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. 

5 Ways to Plan Ahead as the U.S. Moves to Curb Foreign Investment

Fraud Victims Pursuing Assets Offshore

Looking to Enforce a Judgment in the U.S.?

5 Ways Cryptocurrency Traders in EMEA Can Plan Ahead for U.S. Government Scrutiny

Transatlantic Disputes Lawyer Robin Rathmell on Meeting the Unique Needs of UHNW Private Clients

Transatlantic disputes lawyer Robin Rathmell discusses asset forfeiture defense, representing private clients and the unique litigation issues he faces in his practice with Citywealth magazine.

Creating a Roadmap to Recovery After Digital Currency Fraud: David McGill and Benjamin Sauter Explain

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.

Cross-Border Team Offers Insight on Latest Privilege Rules for UK Investigations

Former 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.

Global Judgment Enforcement Team Offers Strategies for Freezing Debtor Assets Across the EU

The 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. 

Global Government Enforcement Defense Team Offers Strategies on Filing Whistleblower Claims for Those Outside the U.S.

Our cross-border government enforcement defense team offers strategies on filing whistleblower claims for those outside the U.S.

Cross-Border Government Enforcement Defense Team Tackles Bribery Risks in Latin America and Asia

Former 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.

Market Manipulation Defense Lawyers David McGill and Benjamin Sauter Offer Insight on How To Combat Government Allegations

Government enforcement defense lawyers David McGill and Benjamin Sauter offer insight on how to formulate a data-driven spoofing defense strategy in Bloomberg Law.

Trusts and Estates Team Explores Guardianship Issues Under U.S. Law in Wealth Briefing Article

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. 

Government Enforcement Defense Lawyers David McGill and Benjamin Sauter on Why Cryptocurrency Traders Must Prepare for Regulatory Scrutiny

As 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. 

Jalil Asif QC and Pam Mitchell Discuss the Cayman Islands Judgment Enforcement Landscape

Cayman Islands-based international judgment enforcement lawyers Jalil Asif QC and Pamella Mitchell dissect the current cross-border judgment enforcement landscape in the Cayman Islands.

Global Asset Recovery Team Offers Insight on Recovering and Protecting Assets Across Jurisdictions

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.

Steven Perlstein and Beau Barnes Examine the SEC’s Cybersecurity Enforcement Landscape for 2018

Amid 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. 

Korea Government Enforcement Defense Team Details Investigative Procedure in Korea

Former 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.

Forbes Features Co-Founders Michael Kim and Steve Kobre’s Story on Kobre & Kim’s Formation and Future

Firm 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.

Kobre & Kim a Leader in the Rising Realm of International Litigations, The American Lawyer Reports

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.

John Han, Benjamin Sauter and Nan Wang Explain How U.S. Regulators' Recent Actions Expose Risks for Hong Kong and China Virtual Currency Businesses

More 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.

Co-Founder Michael Kim Speaks About Striking the Entrepreneur-Lawyer Balance

In 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.

Hartley West, Steve Kobre and Michael Peng Explore Impact of Recent Second Circuit Decision on Cross-Border Investigations

A 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.

International Judgment Enforcement Lawyers Explore Strategies for Enforcing Foreign Judgments in the U.S.

International 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. 

Firm Co-Founder Steven Kobre Discusses Law Firm Innovation and Delivering Client Value with The American Lawyer

Change 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.

Jason Masimore, Robin Rathmell and Brad Samuels on Strategizing Against a Surprise Seizure by the U.S. Government

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. 

Benjamin Sauter and David McGill Examine U.S. Regulatory Turf War Over Digital Currency Trading

Benjamin 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.

Benjamin Sauter and David McGill Offer Insight on the SEC’s New Digital Currency Oversight

Benjamin 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.

Vasu Muthyala Examines the New Government Enforcement Landscape for Financial Crime in the PRC

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.

Roger Burlingame and Rachel Goldstein Explore the UK SFO's Fate in Law360 Article

Just 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.

Michael Kim Discusses Anti-Money Laundering Concerns for Companies in South Korea

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.

John Han and Jason Kang Discuss Using U.S. Discovery for Proceedings in Asia

Hong 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.

Cross-Border Team Offers Strategies for U.S. Law Firms Facing Discovery Of Foreign Clients' Records

Steven Kobre and John Han offer strategies for mitigating risk when handling foreign clients' records across borders.

As Cryptocurrency ICOs Surge in Popularity, David McGill and Benjamin Sauter Analyze the Role of U.S. Regulators

Benjamin 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. 

Roger Burlingame, Jason Masimore and Nathaniel Barber Author Chapter on Securities Regulation and Investigations Across EMEA

Government 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.

Benjamin Sauter and David McGill Explore Where the SEC Stands on Initial Coin Offerings

Global Asset Tracing and Recovery Team Examines Whether the EU Has Made Cross-Border Asset Preservation Easier

Members of our international judgment enforcement team explore the implications of the European Account Preservation Order on litigants.

Former U.S. Department of Justice Prosecutors Explore U.S. Regulation’s Impact on Israeli Companies

Given Israel’s increasingly outward-facing economy, Israeli companies and management personnel face increasing exposure to U.S. regulatory and prosecutorial oversight. 

Hong Kong-U.S. Team Analyzes the Rise in Cross-Territorial Government Enforcement Actions Between U.S. and China

New 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. 

John Han and Beau Barnes Identify U.S. Discovery as Key Tool in Hong Kong Cases

Under 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. 

Global Insolvency Team Offers Strategies for Overcoming Jurisdictional Roadblocks in Cross-Border Involvencies and Investigations

Multijurisdictional 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. 

Insolvency Lawyer D. Farrington Yates Dissects Industry Trends and the Shifting Landscape for Insolvency Practitioners

D. 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.

UK-Based Former U.S. DOJ Prosecutor Examines Cross-Border Privilege

U.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.

Former U.S. DOJ Prosecutor Jason Masimore Shares Tips for Navigating U.S.-European White-Collar Investigations

London-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.

Former U.S. Federal Prosecutor Vasu Muthyala Analyzes the Anti-Corruption Landscape in India

India is the world’s third-largest economy and has become increasingly welcoming for foreign investors and multinational corporations in recent years.

Israel-Based Former Federal Prosecutor Robert Henoch Discusses New IRS Reporting Requirements for U.S. Citizens Living in Israel

Robert 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.

Anti-Corruption Policies in China and Hong Kong and the Implications for Companies Doing Business There

Asia-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.

Enforcing Foreign Arbitral Awards? Evolving Risks and Opportunities to Consider

International 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.

Maximizing Asset Recovery in Insolvency Proceedings: Rebecca Hume and Randall Arthur Offer Thoughts on Strategy

In 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.

Mitigating Risk in Asia-Based Internal Investigations: William McGovern, Eric Bruce, and Beau Barnes Discuss

Former 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.

Michael Kim and Robin Baik Tackle Cross-Border Legal Issues

In 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.

Roger Burlingame and Andrew Wang Explore Deferred Prosecution Agreements

As 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.

Lawyers Jef Klazen, Marcus Green, and Matthew Kokot Discuss the Enforcement of Arbitral Agreements

International 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. 

JV Disputes Lawyers Explore What Corporate Executives Need to Know Before Entering Into a Joint Venture

As 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.

Former Federal Prosecutor Jason Masimore Explores Key Issues for Counterfraud Professionals

In 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.

Asset Recovery Efforts in Korea: What You Need to Know

Former 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. 

How to Track Fraudulent Assets in Offshore Jurisdictions

Tim 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. 

Government Enforcement Defense Lawyers Vasu Muthyala and Beau Barnes Analyze New Regulations Targeting All-Cash Real Estate Purchases

In 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. 

Kobre & Kim Trial Lawyers Explore How Proactive Strategies Can Minimize Discovery Costs

The discovery process can be lengthy and expensive, with judicial requirements to produce information often taxing the resources of both plaintiffs and defendants. 

Using Nonleading Questions On Cross-Examination: Our Trial Lawyers Explain in Law360

Conventional 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.

U.S. and Europe Trade Secret Laws to Face Big Changes, IP Lawyer Michael Ng Explains

With 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. 

Tim Prudhoe and Christopher Howitt Explore the Turks and Caicos Legal Environment in Global Legal Insights – Litigation & Dispute Resolution

In 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. 

Shaun Wu and Andrew Wang Discuss How Chinese Parties Can Prepare for Increasing Outbound Disputes

Chinese 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.

Jef Klazen and Randall Arthur Tackle Investors’ Next Steps Following Massive Bitfinex Hack

Following 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. 

Jef Klazen Explores Fund-Recovery Options for Bitfinex Hack Victims

In 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.

Tim Prudhoe and Anna Gilbert Discuss How Creditors Can Benefits from the ‘Panama Papers’ Leak

The “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.

Shaun Wu and Vasu Muthyala Discuss the Most Pressing Issues for Multinational Companies Operating in Asia

Hong Kong-based investigations lawyers Vasu Muthyala and Shaun Wu spoke with the Asia Business Law Journal about top concerns for companies operating in Asia.

Rebecca Hume, Jeremy Hollembeak, and Anna Gilbert Explore How International Litigants Can Use Chapter 15 to Optimize Financial Recoveries in Foreign Insolvency Proceedings

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. 

Robin Rathmell Discusses How Brexit Will Impact Foreign Companies with Litigation Pending in UK Courts

In 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.

Robert Henoch and Benjamin Sauter Explore the U.S. Government’s Far-Reaching Power of Civil Asset Forfeiture and What Foreign Foundations and Fiduciaries Need to Know to Prepare

In 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.

Matthew Menchel Recognized as a Leading Trial Practitioner in Law 360

Matthew Menchel, acclaimed trial lawyer and director of Kobre & Kim’s Center for Trial Advocacy, was featured in the “Trial Pros” Law360 series.

Tim Prudhoe and Anna Gilbert Discuss the Opportunities for Creditors Following the Panama Papers Saga

In 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.

Michael Kim, Randall Arthur, and Kelly Spatola Provide 5 Steps for Victims of Email Fraud to Trace and Recover Stolen Assets

In 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.  

Michael Kim, Randall Arthur, and Kelly Spatola Provide Advice for Finance Professionals Whose Organizations Have Fallen Victim to Business Email Compromise

In 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. 

Government Defense Lawyer Vasu Muthyala Addresses the Growing Scrutiny Chinese Firms Face From U.S. Regulators

Former 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. 

IP Trial Lawyer Michael Ng Explores the Newest Federal Trade Secrets Law and Its Impact on U.S. Companies

San 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.

Vasu Muthyala Discusses the Corruption Risk for Multinational Companies in India

Asia-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. 

John Couriel and Andrew Wang Detail the New DOJ Cooperation Policy and the Importance of Investigation Planning for Latin American Companies

Government 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. 

Michael Ng and Robert Henoch Explore Litigation Funding as a Solution for Israeli Tech Companies

IP 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. 

Enforcing an Arbitral Award? Kobre & Kim Lawyers Discuss Strategies for Success

Jef 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.

Investing in India? Vasu Muthyala Explains the Risks in Regulation Asia

Former 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.” 

Kobre & Kim’s Andrew Stafford QC Discusses Litigation Trends in the UK Market

Andrew Stafford QC examined the new regulatory environment and trends in the banking and finance litigation market in London in The Lawyer magazine. 

Rebecca Hume and Randall Arthur Share Tips for Maximizing Returns in Cross-Border Insolvency and Asset Recovery Investigations

In 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.

Directors and Officers Need to Plan for FCPA Compliance, William McGovern Explains

In 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.  

With an Increase in Whistleblower Activity in the UK, Is the U.S. Still the Forum of Choice?

Former 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.

High Court Decision Leaves Little Leverage for Aggrieved LLP Members

English 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. 

Kobre & Kim Cayman Lawyers Discuss Enforcement of Judgments and Arbitral Awards

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. 

David McGill Explores the Impact of a Landmark Judgment and Pending Appeal on Joint Venture Disputes

In 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. 

The Frontlines of Cross-Border Insolvency: Lessons to Learn From 2015

In 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. 

How Will London's Specialty Court Affect U.S. Companies? Kobre & Kim Barristers Explore the Issue

English 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. 

Whip Laches: IP Managers Beware. Litigation Attorneys Michael Ng and Daniel Zaheer Explain Why

In 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. 

Kobre & Kim Lawyers Discuss Enforcement of Foreign Judgments in the Cayman Islands and Hong Kong

Kobre & Kim has contributed to the Cayman Islands and Hong Kong chapters of the 2016 edition of Getting the Deal Through: Enforcement of Foreign Judgments. 

Kobre & Kim Analyzes the Landscape of Asset Recovery in Hong Kong

Hong Kong-based lawyers Randall Arthur and Calvin Koo co-authored a chapter in the third edition of The Asset Tracing and Recovery Review.

Daniel Zaheer Discusses Laches, Litigation, and Damage Limitations in Bloomberg BNA’s Patent, Trademark and Copyright Journal

Daniel 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. 

Are Large Judgments the Next Target for Hedge Funds? Carrie Tendler and Josh Sheptow Evaluate Trending Litigation-Sensitive Investments by Hedge Funds

Over 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. 

Michael S. Kim and Jef Klazen Co-Author Article on Defensive Techniques for Global Liquidation

Kobre & 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. 

Jonathan Cogan, Tim Prudhoe, and John Couriel Explore How Oil and Gas Investors Can Protect Their Financial Interests in a Turbulent Market

Kobre & 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.

Jef Klazen, Randall Arthur, and Gabrielle Liu Discuss Singapore’s Newest Debut to Its Dispute Resolution Forums in the Global Arbitration Review

Jef 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. 

William McGovern Discusses Latest Developments in Anti-Bribery and Anti-Corruption Laws with the Hong Kong Lawyer

Hong 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.

Randall Arthur Sheds Light on Insolvency Law Landscape in Hong Kong and China

Hong Kong-based Randall Arthur shared with the Hong Kong Lawyer his insights into the insolvency law practice in Hong Kong and China. 

How Do You Recover the U.S. Assets of a Foreign Judgment Debtor? Chapter 15 Proceedings Might Help

In this article, Kobre & Kim lawyers Carrie Tendler, Jef Klazen, and Joshua Ray discuss the use of Chapter 15 to help recover U.S. assets.

Randall Arthur Discusses the Collapse of MyCoin and the Complexities of Hunting for Assets Globally

With 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.

William McGovern Discusses Potential Legal Risks Chinese Companies Face When Doing Business in the U.S.

In 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.

Hong Kong Lawyers William F. McGovern and John Han Share Thoughts With FinanceAsia on What to Expect in 2015

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.

Robert Henoch Explains Why the Pressure Is On for Israeli Banks

In 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.

Steven Kobre Discusses Privilege in Cross-Border Investigations With the New York Law Journal

In 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.

Carrie Tendler and Tim Prudhoe Analyze the Increased Utility of Chapter 15 Bankruptcy to Foreign Liquidators

In 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.

Steven Kobre Discusses What it Means to Be Conflict-Free

In 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.

Kobre & Kim Lawyers Contribute to Getting the Deal Through: Enforcement of Foreign Judgments, 2015

Kobre & Kim has contributed to the Cayman Islands and Hong Kong chapters of the 2015 edition of Getting the Deal Through: Enforcement of Foreign Judgments.

Kobre & Kim International Judgment Enforcement and Asset Recovery Team Contributes to Getting the Deal Through: Asset Recovery, 2015

Several 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.

Kobre & Kim Analyzes Korean Government's Attempts to Find and Seize Assets Hidden Abroad

In this article, Kobre & Kim analyzes the remedies available to international creditors attempting to find and seize assets hidden outside of Korea.

Kobre & Kim Tackles Korean Company and U.S. Legal Risk in Preserving Documents

When 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.

Legal Week Features Roger Burlingame as Leading Former Federal Prosecutor in London

Recently, 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.

Kobre & Kim’s Korea Litigation Team Discusses the Effectives of U.S. Tax Enforcement on Korean Banks

In 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.

William McGovern Discusses Asia’s Increased Focus on Global Banking Investigations in The Wall Street Journal

William F. McGovern discusses how and, more importantly, where Asian regulatory investigations will affect internationally based financial institutions.

Kobre & Kim’s Offshore Tax Team Discusses FATCA’S Global Reach and Implications for Offshore Professionals

In 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.

Kobre & Kim’s Representation of Chevron in Gibraltar Profiled in The American Lawyer

The 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.

Kobre & Kim Presents: Monetizing Large Judgments and Arbitration Awards

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.

Steven Kobre Recognized as Top Investigations Lawyer

Steven 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. 

Kobre & Kim Contributes to Getting the Deal Through: Asset Recovery 2014

Several 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.

Kobre & Kim Lawyers Contribute to Getting the Deal Through: Enforcement of Foreign Judgments in the Cayman Islands 2014

James 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.

Foreign Insolvency Judgments in the BVI: Recognition and Enforcement Post-Rubin

In 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.