January 22, 2019
Publication: 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. Tyers-Smith and Cogan, who have extensive knowledge in international judgment enforcement and financial products and services litigation, compare both offshore asset protection trusts (OAPTs) and U.S. domestic asset protection trusts (DAPTs) based on their vulnerability to creditors that seek monetization of arbitral awards and judgments from trust assets.
“Whilst settlors and trustees decide whether the time has come to repatriate assets held in a traditional OAPT to a U.S. DAPT, it is important for award and judgment creditors to appreciate the landscape in which they are able to challenge both types of trusts in order to monetize their judgments,” Tyers-Smith and Cogan write.