Showing results tagged with "Shareholder Disputes". clear filter

Client Alert June 6, 2024

New York Glory Health Decision Makes Enforcement of Bonds Issued by Cayman and BVI Companies Much Easier

  • The ability of bondholders to sue bond issuers to enforce their rights without going through the cumbersome process of instructing a bond trustee has long been in question.
  • However, an important ruling in New York court, obtained by Kobre & Kim on behalf of a group of international bondholders, took the first step in establishing standing.
  • This decision potentially removes key barriers to enforcement in key offshore jurisdictions such as Cayman and the British Virgin Islands (BVI), as well as Hong Kong.

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Client Alert January 4, 2024

Ultra-High-Net-Worth Individuals Should Prepare For the End of Privacy in Offshore Jurisdictions

  • The United Kingdom is pushing its overseas territories, including offshore centers such as the British Virgin Islands and Cayman Islands, to publicly identify ultimate beneficial owners of corporate structures.
  • This loss of privacy for ultra-high-net-worth individuals with legitimate needs could see their reputations and interests threatened by unwarranted scrutiny.
  • Proper preparation can help individuals and their advisors to not only limit potential damage, but also allow them to react expediently if a crisis arises.

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Client Alert December 15, 2023

Russian Litigants Can Still Access Critical Legal Tools in U.S. Courts

  • Russian individuals and companies with legitimate global interests still need to litigate their disputes in overseas jurisdictions.
  • Despite the current state of relations between the United States and Russia, U.S. courts are still giving Russian litigants a fair hearing.
  • We outline recent examples of successes that demonstrate how Russian litigants can still access powerful U.S. legal tools.

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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 August 3, 2023

The BVI Creates New Opportunities for Offshore Bondholders to Bring Unilateral Claims

  • Distressed debt investors who are beneficial owners or contingent creditors of bonds face uncertainty when bond issuers stop paying.
  • Courts in key jurisdictions are beginning to answer the question of whether creditors can wind-up issuers but are offering diverging decisions.
  • We explain how a recent ruling in the BVI opens the offshore jurisdiction to creditors considering a cross-border enforcement campaign.

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Client Alert July 6, 2023

Defending Your Offshore Trusts from Onshore Attacks

  • 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.

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Client Alert March 22, 2023

Bringing a Global Perspective to Challenge Offshore Awards Successfully

  • Judgment and award debtors often hold assets in offshore jurisdictions such as the BVI – but these places are notoriously creditor- and enforcement-friendly.
  • When cornered by a creditor, debtors often find few – if any – legal avenues to challenge the claim against them.
  • However, a recent Kobre & Kim victory in the BVI demonstrates that, through deep familiarity of and ability to connect both offshore and foreign law, debtors can defy conventional wisdom and succeed.

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Client Alert December 7, 2022

Enforcing Minority Shareholder Rights in Asia: A Comparative Guide to Just and Equitable Winding Up

  • Minority shareholders have options to stand up to majority shareholders and directors, such as unfair prejudice claims or derivative actions.
  • However, if these do not achieve the desired result, one more tool is available to exert pressure: a just and equitable winding up.
  • We lay out how this tool can be applied in five key jurisdictions for corporate structures in Asia.

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Client Alert August 31, 2022

Enforcing Minority Shareholder Rights in Asia: A Comparative Guide to Derivative Actions

  • Minority shareholders may be surprised to learn that they have effective options when a director or other fiduciary has harmed the company.
  • However, the situation may be complicated when structures cross borders, as many corporate structures in Asia do, including spreading offshore.
  • Our Claim Monetization team explores how shareholders can deploy derivative actions in five key jurisdictions across Asia Pacific, the UK and the Caribbean as part of an effective cross-border strategy.

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Client Alert July 26, 2022

Enforcing Minority Shareholder Rights in Asia: A Comparative Guide to Unfair Prejudice

  • Minority shareholders may have certain remedies available when they feel their rights have been unfairly prejudiced by the majority.
  • However, the situation may be complicated when structures cross borders – typical corporate structures in Asia may spread across offshore and other key regions.
  • Our Claim Monetization team lays out the basic parameters of the tools open to minority shareholders across five key jurisdictions.

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Client Alert June 14, 2022

Kobre & Kim Helps PRC Clients Enforce US $171M Award in BVI

  • Many parties, especially those based in Asia Pacific, soon discover that a recalcitrant debtor can frustrate enforcement of a hard-won arbitration award.
  • In cross-border enforcement campaigns, the debtor may throw up obscure legal challenges to cause delays and distraction.
  • A recent Kobre & Kim victory demonstrates how, through quick and strategic action, these distractions can be defeated and pressure can be maintained on the debtor.

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Client Alert July 23, 2021

Using Arbitration to Stop a Winding Up

  • When monetizing a claim against a debtor, the interplay between arbitration and insolvency is not only critical but also varies by jurisdiction.
  • When considering a cross-border strategy, it is essential to understand how each jurisdiction interrelates with the others.
  • Kobre & Kim’s global Claim Monetization and Dilution Team answers the critical questions on these intricacies for key jurisdictions in this comparative guide.

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Client Alert November 19, 2018

A New Door to Obtaining Business Intelligence in Offshore Cases

  • A recent decision involving document disclosure in offshore courts presents an opportunity for PRC-based companies to obtain business intelligence.
  • This decision — which was made in the English Court of Appeal and will likely influence offshore jurisdictions and Hong Kong — has shed light on how nonparties can get copies of court documents, evidence, written arguments and judgments.
  • To leverage the opportunity effectively, local expertise of offshore court processes and this new decision, in addition to on-the-ground support in PRC, will be needed.

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