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Client Alert November 22, 2023

New U.S. DOJ “Safe Harbor” Provisions May Not Be So Safe for Non-U.S. Companies

  • The U.S. Department of Justice announced a new policy promising companies leniency if they report uncovered misconduct within six months of a merger or acquisition.
  • Though this may at first appear to be “good news,” it demonstrates the DOJ’s increasing aggressiveness to companies – including non-U.S. companies – that did not commit any wrongdoing.
  • We look at why companies should be wary of cooperation, and how they can approach the DOJ more prudently.

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Client Alert October 12, 2023

Cross-Border Strategies to Accelerate Non-Performing Loans Recoveries in Korea

  • Korean banks are holding an increasing amount of non-performing loans, putting their financial health at risk.
  • For many with large portfolios exposed to cross-border unsecured debt and loans to high-yield borrowers, sale and write downs may not be optimal.
  • A cross-border strategy to monetize their claims could offer a superior alternative.

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Client Alert October 5, 2023

Powerful Option for Creditors Enforcing Judgments from Common Law Courts in the United Arab Emirates

  • It is commonly assumed that it is difficult and impractical to enforcement judgments in the United Arab Emirates.
  • However, this is increasingly untrue – even when no bilateral enforcement treaty exists, creditors can obtain recognition of their common law judgments.
  • A recent Kobre & Kim case shows how that can happen.

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Client Alert August 17, 2023

Global Companies Can Gain Advantage From Aggressive U.S. Antitrust Enforcement

  • U.S. government antitrust agencies – including the U.S. Department of Justice Antitrust Division and Federal Trade Commission – have become increasingly aggressive in their enforcement.
  • While this puts more multinational companies with U.S. links at risk, it could also present an opportunity.
  • Our team explains how the changing antitrust enforcement environment can provide tools for companies to keep their competitors in check.

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Client Alert July 12, 2023

What Multinational Companies Should Know About Unprecedented Extraterritorial Activities by the South Korean Police

  • The South Korean Police are expanding their extraterritorial activities, with many multinational companies now in their sightline.
  • Many companies are unfamiliar with handling Korean inquiries and investigations, but their next steps can be crucial to risks to their business.
  • Our cross-border team explores strategies to help companies mitigate their risks and stand up to prosecutorial overreach.

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Client Alert April 26, 2023

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

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

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Client Alert November 2, 2022

Non-U.S. Companies Beware: New U.S. DOJ Guidelines May Apply

  • The U.S. Department of Justice has released new guidelines that signal their aggressive prosecution of individuals and companies outside the U.S.
  • At-risk non-U.S. companies must understand the potential implications of the DOJ’s new position.
  • Our global Government Enforcement Defense team explains why internationally based former U.S. government lawyers are best positioned to address the issues.

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Client Alert August 9, 2018

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

  • A new Multilateral Framework on Procedures in Competition Law Investigation and Enforcement (MFP) is being finalized.
  • Although the new MFP will not be binding on all enforcement regimes, the MFP’s compliance mechanisms should incentivize agencies to comply with the common commitments.
  • This announcement raises five key questions about the future of global antitrust enforcement.

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