Insights

• Emerging technologies are creating new reputational risks for ultra-high-net-worth individuals.
• These create new challenges for reputation lawyers, courts, and governments worldwide as they adapt existing tools and introduce new legislation to cover uncharted territories. 
• As bad actors' technological capabilities rapidly evolve and fraudulent activities become increasingly sophisticated, the right tools can aid in mitigating risks and combating harmful online narratives.

Read More

• As creditors find ways to crack Delaware’s trusts, debtors should remain mindful of the debtor-friendly features of Delaware trust law.
• Delaware allows individuals to shield assets through a domestic asset protection trust (DAPT), where the trust's settlor is also the trust’s beneficiary. Using DAPTs, a settlor can shield his or her assets from creditors while retaining the right to benefit from those assets.
• Although DAPTs are inherently robust, settlors should take every precaution to maximize their protective measures.

Read More

• As part of its continued growth in Latin America, Kobre & Kim has appointed Renata Ramalhosa as Regional Managing Director, based in São Paulo.
• Renata will expand and enhance relationships with local law firms, strategic advisors, key regional stakeholders, and clients outside of Brazil with Brazilian interests.
• Renata has held leadership roles in both the private and public sectors.

Read More

• The December 2024 Chapter 15 filing of Brazilian cement group Intercement is the latest in a series of insolvency cases involving Brazilian companies with cross-border implications.
• Navigating the multijurisdictional aspects of distressed situations could prove both demanding and rewarding for international creditors and investors.
• Since a recent bankruptcy law was enacted, several tools have become available in Brazil for international creditors looking to improve their leverage.

Read More

• The UK continues to use sanctions as an aggressive political strategy to attack adversarial governments and their perceived allies. 
• While Russian entities have borne the focus of these efforts in recent years, the potential use of secondary sanctions—targeting those with connections to sanctioned countries or individuals—could be on the horizon.
• This development may significantly impact Chinese businesses and citizens engaged in trade or holding interests in the UK.

Read More

• Disinformation is the creation and proliferation of inaccurate information with the intent of causing harm, posing a significant threat to ultra-high-net-worth individuals as it is often designed to cause serious financial and reputational damage.
• From disgruntled former business partners seeking retribution to political adversaries trying to influence governments against their targets, disinformation can cause a ripple effect of dire consequences.
• Some tools can help mitigate risks and combat harmful narratives. 

Read More

• Delaware’s strong asset protection laws have long made the U.S. state a destination of choice for individuals and entities worldwide looking to set up a trust.
• International creditors looking to recover assets may feel that pursuing a debtor in Delaware is insurmountable.
• However, it is indeed possible to crack Delaware’s notoriously tough trusts by adopting an aggressive multijurisdictional strategy.

Read More

• The creation and proliferation of inaccurate information are among the most potent threats facing ultra-high-net-worth individuals (UHNWI) navigating disputes.
• This misinformation can corrode and obscure the truth, risking a person’s reputation, lawfully held assets, and freedom to move across borders.
• When facing these types of risks, UHNWIs and their advisors should contemplate proactive steps to protect their legitimate business interests.

Read More

• 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.

Read More

• U.S. litigators will be familiar with the powers of U.S. courts to gather discovery, including through letters rogatory and Section 1782 applications.
• Less well known are powerful non-U.S. discovery tools that can provide the ever-growing need for information from multiple jurisdictions.
• One such example, the Norwich Pharmacal order, can offer litigants access to third-party information in key English common law jurisdictions around the world.

Read More

• Several features make Delaware’s trust law attractive for debtors to hold assets in the jurisdiction.
• This also means creditors often struggle when attempting to access the trusts to recover assets.
• By deploying aggressive, multijurisdictional strategies, creditors may be able to crack even Delaware’s notoriously tough trusts.

Read More

• Speed is critical for targets of large-scale cryptocurrency fraud or cyber-attacks.
• The borderless and pseudonymous nature of cryptocurrencies means stolen assets can be quickly dispersed around the world.
• Targets should deploy a speedy, global response, combined with non-traditional approaches, to increase the chances of a substantial recovery.

Read More

• Debtor-friendly Delaware has strong asset protection laws that make it a destination of choice for global entities and individuals looking to hold their assets in a trust.
• This creates a headache for international creditors – recovering assets in a Delaware trust can seem like an insurmountable challenge.
• By adopting a creative, aggressive and multijurisdictional strategy, however, creditors can crack even Delaware’s notoriously tough trusts.

Read More

• As global geopolitical tensions rise, Cypriot-held assets are increasingly under threat.
• Governments, competitors and other counterparties are increasingly launching aggressive and often unwarranted attacks against the Cyprus assets of ultra-high-net-worth individuals.
• At-risk individuals should work with a cross-border team and local counsel to take strategic steps to defend their assets.

Read More

• Ultra-high-net-worth individuals embroiled in onshore government, commercial or family disputes may find their offshore trusts a vulnerable target.
• These often-aggressive attacks set up a complex clash of onshore and offshore law, and demand an equally aggressive and comprehensive response.
• There are steps UHNWIs and their advisors can take to reduce their risk exposure and respond to attacks on their wealth.

Read More