Showing results tagged with "Cross-Border Disputes". clear filter

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 November 1, 2023

Responding to U.S. DOJ Actions Against Latin American Individuals

  • The U.S. Department of Justice is continuing to extend its long arm jurisdiction into aggressively scrutinizing individuals in Latin America.
  • Many targets may become embroiled in what can be overstated allegations, threatening their assets, liberty and reputation.
  • Targets need to work with cross-border counsel knowledgeable in the DOJ’s tactics to push back as early as possible.

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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 March 16, 2023

How Offshore Trustees and Beneficiaries Can Mitigate Serious Risks of a Sanctions Violation

  • Governments have increased focus on third parties – including offshore trustees – as they look to enforce their sanctions regimes.
  • This increases the risk trustees could become embroiled in an accusation of violating sanctions.
  • Trustees should take proactive, globally comprehensive measures to reduce their risk and avoid a cross-border crisis.

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Client Alert March 3, 2021

The Corporate Transparency Act: Is it Actually Helpful for Private Parties?

  • The U.S. Corporate Transparency Act (CTA), part of the recently-passed National Defense Authorization Act (NDAA), has broken new ground by requiring beneficial owners of U.S. corporate entities to register with U.S. government authorities.
  • While the CTA appears to shut out private parties – such as creditors and victims of fraud – from accessing such information, there may be potential creative ways to work around this roadblock, bringing creditors one step closer to a substantial recovery of their assets.
  • Nevertheless, creative creditors and their counsel might be able to obtain this information through certain channels to cut off escape routes for debtors and fraudsters, and obtain more complete recoveries.

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