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Client Alert February 15, 2024

Non-Traditional Sovereign Debt Defaults Recovery Strategies for International Bondholders

  • Sovereign defaults are increasing after recent years of post-pandemic spending, geopolitical risk and climate change.
  • This has created opportunities for distressed investors experienced in enforcing against sovereigns.
  • Investors can improve the value of their claims by deploying strategies targeting unconventional vulnerabilities around the world.

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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 June 29, 2023

Lessons Learned for Activist Investors: The 2023 Korea Annual General Meeting Season

  • 2023 has continued a trend of increasingly energetic shareholder activism in Korea.
  • The most recent annual general meeting season has shed light on the paths activist investors can take to increase their chances of success.
  • Our team explores the main takeaways and lessons learned from the season.

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Client Alert June 15, 2023

Opportunities for Global and Local Activist Investors are Growing in Korea

  • Recent developments in the Korean legal landscape have been in activist investors’ favor, opening new opportunities to assert their rights and interests in Korean companies.
  • Still, the intricacies of the Korean market and the dominance of chaebols mean investors should still tread carefully.
  • Creative strategies that navigate these complexities can bring investors the greatest chances of success.

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Client Alert May 25, 2023

Asia-Based Investors in U.S. Commercial Real Estate Can Mitigate Losses by Defending their Legal Rights

  • Chinese and other Asia-based investors have targeted the U.S. commercial real estate market recently, whether by direct investment or through CMBS or REITs.
  • However, the pandemic, credit tightening and regional bank failures have accelerated a market downturn, and many investors are vulnerable to losses.
  • Investors should consider proactive or counteroffensive strategies to enforce their legal rights, even against big industry players, to mitigate their losses and protect their bottom lines.

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Client Alert January 18, 2023

Opportunities for Foreign Activist Investors to Take Advantage of Korea’s Shifting Corporate Landscape

  • The Korean corporate landscape is becoming more favorable for activist campaigns.
  • Foreign activist investors have new opportunities to push for change and maximize value, even against the biggest chaebols.
  • Our team explains what these developments mean and how investors can take advantage.

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Client Alert October 12, 2022

Maximize Shareholder Value: Activist Investor Strategies in Korea

  • Recent developments in Korea have made Korean chaebols attractive to overseas activist investors.
  • However, the intricacies of Korean capital markets and legal practice, and the influence of chaebols, mean investors need to tread carefully.
  • Only by engaging in creative strategies that consider local and overseas factors can investors have the greatest chance of maximizing shareholder value.

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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.

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Client Alert July 6, 2018

5 Ways to Plan Ahead as the U.S. Moves to Curb Foreign Investment

  • In recent history, investments originating from China have accounted for nearly a quarter of CFIUS reviews, with investments from the UK, Japan, Hong Kong, Israel and South Korea also among the most reviewed. 
  • The U.S. has indicated it intends to more aggressively review and regulate foreign investment in industries that may implicate national security via the Committee on Foreign Investment in the United States (CFIUS), an interagency committee headed by the U.S. Department of Treasury.
  • While CFIUS is largely a voluntary regime, it is important for foreign investors to consider the potential implications of an investment in, or the purchase of, a U.S. company.

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