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Client Alert August 29, 2024

Chinese Companies Should Not Shy Away from Potential Disputes Against Korean Chaebols

  • The People’s Republic of China (PRC) and South Korea vowed a new start in future economic cooperation,
  • However, given the dominance of family-owned conglomerates known as chaebols in the Korean market and the complex intricacies of the Korean legal market, PRC companies may struggle to see a way out when they encounter a dispute.
  • PRC companies can combine various creative legal and PR strategies designed to maximize pressure on their competitor and assertively protect their business interests.

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Client Alert June 14, 2024

Cross-border strategies coordinated by PRC-based global counsel can enhance Chinese companies' abilities to monetize IP claims

  • Chinese companies with significant intellectual property (“IP”) assets continue to see their bottom lines threatened amid increased competition with the U.S. and other Western companies.
  • Kobre & Kim's ongoing commitment to its mainland China presence (recently featured in Law360) is critical to its ability to effectively manage cross-border IP disputes initiated outside China by Chinese companies in industries such as biotechnology, artificial intelligence, and consumer goods.

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Client Alert May 30, 2024

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

  • In Chapter 11 bankruptcy cases where the chances of recovery seem slim, global unsecured creditors may have to get creative and look outside the U.S. to improve their prospects.
  • Assets in the People’s Republic of China (PRC) – the world’s second largest economy – offers a surprising source of asset recovery opportunities.
  • We explain how creditors can unlock value in China and maximize their recovery.

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Client Alert May 2, 2024

Preparing for Politically Motivated Criminal Enforcement Against Companies and Individuals in Asia

  • Relations between China and the U.S. will likely remain tense for the foreseeable future, as evidenced by the recent U.S. law mandating TikTok be divested or face a ban.
  • Companies and individuals with perceived Chinese associations – including in Greater China, Southeast Asia and the wider region – could be at risk of invasive and politically motivated government enforcement actions.
  • Those at risk can take several proactive steps to protect their assets, reputation and liberty.

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Client Alert April 25, 2024

New Rights for Private Equity Investors and Private Credit Lenders Enhance Speed of Takeover of PRC Project Companies

  • Recent challenging economic conditions in China are putting many PRC companies in distress.
  • This puts offshore joint venture partners and private credit lenders at risk, potentially having to attempt a difficult recovery by taking over PRC projects, companies or assets.
  • A new Chinese company law may give investors an upper hand by strengthening their information rights, which when combined with a multijurisdictional strategy allow a more effective takeover.

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Client Alert April 11, 2024

Cross-Border Tools to Aid Latin American Parties in Disputes with PRC Companies

  • Deals and partnerships between Latin American and Chinese companies are growing as economic ties between the two regions deepen.
  • However, unique risks are involved if a dispute arises with the Chinese company – the Chinese legal system could create barriers to payment, even with an award or judgment in hand.
  • Latin American companies and investors should consider cross-border strategies to increase their leverage.

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Client Alert March 4, 2024

Companies and Individuals in Greater China Can Protect Themselves from U.S. Sanctions Overreach

  • The United States and its allies continue to use sanctions to attack adversarial governments and their perceived allies, putting companies and individuals with tenuous or merely alleged ties at risk.
  • Recent sanctions have targeted Russia, but PRC companies were designated in the February 2024 round, signaling increasing risk to PRC individuals and business if China-U.S. relations deteriorate.
  • At-risk individuals and business should take proactive steps to prepare.

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Client Alert February 8, 2024

Creative Approaches for Investors and Joint Venture Partners to Leverage New PRC Company Law to Take Control of Onshore Chinese Companies

  • Unfavorable economic conditions in China are putting many offshore companies in distress.
  • In a worst-case scenario, joint venture partners and private credit lenders may have to attempt to take over onshore projects, companies and assets.
  • A new Chinese company law coming into effect on July 2024 could smoot this path to recover – including by making it easier to replace legal representatives.

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Client Alert November 30, 2023

Cross-Border Tools for Chinese Investors to Recover in Brazilian Insolvencies and Against Fraud

  • Brazil is seeking more investment from China, with almost half of China’s investments in South America being in Brazil.
  • However, the recent wave of insolvencies in Brazil could threaten these investments, particularly if fraud is uncovered, leaving investors to navigate the complex Brazilian insolvency landscape.
  • By undertaking a more assertive, multijurisdictional approach, combined with new insolvency tools in Brazil, investors can seek to gain the upper hand.

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Client Alert November 9, 2023

Middle Eastern Investors Have Options to Protect Their Investments in China

  • Investments from the Middle East into Mainland China are growing recently as many see increasing opportunities for returns.
  • However, there are risks that may materialize if investors become embroiled in a global dispute with Chinese companies.
  • Investors should consider ways to increase their leverage and expand their options, including by bringing disputes directly into China through Hong Kong.

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Client Alert July 20, 2023

Creditors Should Enforce PRC Keepwell Agreements Overseas

  • Many Chinese debt issuers are still undergoing a wave of defaults, putting offshore general unsecured creditors at risk.
  • One way to secure substantial recovery is to enforce keepwell agreements, promises by a PRC onshore parent company to maintain a debt issuer’s liquidity and solvency.
  • This can expand the range of enforcement targets, increasing creditors’ options and chances of success.

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Client Alert June 22, 2023

U.S. Sanctions Against Individuals in Greater China May Come Suddenly: How Overseas Advisors Can Protect Their Clients from Overreach

  • The U.S., UK and their allies are continuing to find tools to exert pressure on China.
  • Businesspeople in Greater China with global interests could become targets of financial sanctions if diplomatic relations between China and the U.S. deteriorate further.
  • We explain how financial and wealth advisors can mitigate the risks these clients face if they act early and decisively.

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Client Alert May 4, 2023

Chinese Companies Should Not Shy Away From Potential Disputes Against Korean Chaebol Competitors

  • More Chinese companies are entering the Korean market, running head-on into family-owned conglomerates known as chaebols.
  • In a dispute, the overwhelming dominance of chaebols and the intricacies of the Korea legal market make it hard for Chinese companies to find a way out.
  • However, by combining creative legal and PR strategies, Chinese companies can put pressure on their competitors and protect their business interests.

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Client Alert February 28, 2023

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

  • In Chapter 11 bankruptcy cases where the chances of recovery seem slim, global unsecured creditors may have to get creative and look outside the U.S. to improve their prospects.
  • Assets in the People’s Republic of China (PRC) – the world’s second largest economy – offers a surprising source of asset recovery opportunities.
  • We explain how creditors can unlock value in China and maximize their recovery.

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Client Alert November 9, 2022

How Chinese Ultra-High-Net-Worth Individuals Can Protect Their Global Wealth from Seizure in a High-Tension World

  • As geopolitical tensions heighten, Chinese ultra-high-net-worth individuals may become increasingly at risk of becoming the target of forfeiture by hostile foreign governments.
  • Governments around the world have shown increasing willingness to go after assets owned by those in disfavored jurisdictions.
  • By deploying a coordinated global strategy, Chinese UHNWIs can lawfully defend their legitimately earned wealth.

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