Insights | Kobre & Kim — Disputes and Investigations

Client Alert April 18, 2024

Countering Bad-Faith Opponents' Efforts to Publicly Discredit High-Net-Worth Individuals

Bad-faith opponents often use elaborate mechanisms to publicly discredit high-net-worth individuals.
Misinformation can spread across borders rapidly, resulting in reputational harm across borders and languages.
HNWIs in contentious situations should take a robust and active approach with a carefully calibrated mix of legal and communications interventions.

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.

Client Alert September 28, 2023

Crypto Parties Can Stand Up to Regulatory Overreach

U.S. regulators are aggressively stretching the bounds of their jurisdiction over the cryptocurrency and digital asset space.
This puts exchanges, founders, investors and other parties at risk of increased uncertainty and risk of investigation and enforcement.
Deference may not earn targets leniency – instead, as a recent Kobre & Kim settlement shows, standing up to the regulators can pay dividends.

Client Alert September 21, 2023

Risk Rises for Korean Companies as U.S. Pursues More Aggressive Antitrust Enforcement

Aggressive antitrust enforcement is a priority for the U.S., both at home and abroad.
Korean companies are on the radar, particularly with alleged procurement fraud, putting them at risk of massive fines and multijurisdictional investigations.
We explain the risks and responses Korean companies should consider.

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.

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.

Client Alert May 10, 2023

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

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

Client Alert April 26, 2023

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

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

Client Alert February 22, 2023

Lessons from LBRY: Standing Up to Regulatory Oversight

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

Client Alert February 8, 2023

Stopping the “Snowball Effect” of a Reputation Under Attack

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

Client Alert January 30, 2023

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

Korean and U.S. antitrust enforcers are working ever closer together in investigating potential anticompetitive behavior.
Korean companies are at risk – even conduct based entirely in Korea could be scrutinized.
We look at the enforcement hotspots and how Korean companies can deploy an effective multijurisdictional defensive strategy.

Client Alert 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.

Client Alert May 26, 2021

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

South Korea is an attractive destination for investors in private equity and venture capital, but the country’s changing disclosure rules could risk a drawn-out government investigation.
Recent changes, designed to relax disclosure for most investors, adds complexity that could be used by the government against international investors to protect domestic companies.
International parties investing in a Korean company can and should anticipate this risk in a way that maintains both independence and confidentiality.

Client Alert March 12, 2021

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

Companies often believe that the only remedy for anti-competitive behavior comes from government intervention.
However, as a recent U.S. appeals court decision illustrates, private parties can obtain relief themselves, even against “consummated” mergers approved by government regulators.
This creative strategy is just one of many that companies can deploy by themselves when facing competitive challenges.

Client Alert December 20, 2018

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

The U.S. government has made its intentions clear that it will investigate and prosecute PRC-based companies and individuals that it believes employ illegal tactics to compete with U.S. companies in key sectors.
Future U.S. actions could come from any number of directions.
Whatever action comes next, a cross-border perspective and willingness to represent PRC-side clients against the U.S. government will be essential to an effective response.