Client Alert July 19, 2024

Mitigating Cyprus-Tied Shipping Companies' Exposure to Western Sanctions

  • Sanctions against Russia have increasingly targeted the global shipping and maritime industry as the U.S., UK, EU, and other allied governments seek to enforce its crude oil price cap more aggressively.
  • With Russian crude exports on the rise, individuals and businesses with ties to the global shipping and maritime industry – particularly Greek and Cyprus-based companies – could find themselves exposed to the widening sphere of Western sanctions.
  • We explain how individuals and businesses with ties to the Cypriot shipping industry and their advisors may be able to mitigate potential risks.

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Publications July 18, 2024

Victor Dias Vieira Clementino and Sergio de Aguiar Discuss FriCon’s Situation with Reorg

Kobre & Kim’s Victor Dias Vieira Clementino and Sergio de Aguiar sat down with Reorg to discuss how creditors should start proactively safeguarding their interests as Frigorífico Concepción (FriCon) faces allegations of accounting fraud in connection to its relationship with Brazil’s trading partners Betampex and Nostro Beef, seeing its ratings recently downgraded by Fitch which has been attributed to the company's lack of financial transparency and weakened governance.

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Publications July 2, 2024

John Han and Geoffrey Derrick Discuss New York Glory Health Decision With INSOL World

Kobre & Kim’s John Han and Geoffrey Derrick sat down with INSOL World to discuss the decision and what it means for global bondholders moving forward.

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Client Alert June 27, 2024

How Israeli UHNWIs Can Prepare and Respond to Criminal Allegations from Western Enforcement Agencies

  • Ultra-high-net-worth individuals (UHNWIs) operating outside the United States have recently come under increasingly aggressive scrutiny from U.S regulators, including the U.S. Department of Justice (DOJ), and international cooperation agencies such as INTERPOL.
  • If an UHNWI is not adequately prepared, these accusations could potentially spiral into global asset freezes and seizures.
  • Below, our team discusses pre-emptive measures these potential targets can take to mitigate associated risks.

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Client Alert June 20, 2024

Mitigating Korean Investors’ U.S. Commercial Real Estate Losses

  • Many Korean and other Asian investors have poured money into the U.S. commercial real estate market, whether investing directly in property or through commercial mortgage-backed securities (CMBS) or real estate investment trusts (REITs).
  • The pandemic, the fastest interest rate hike in decades and a drawback from risk-taking by U.S. regional banks in the wake of bank failures have dealt grievous blows to the market.
  • This rapidly changing environment is leaving many investors vulnerable to mortgage defaults and lower valuations on their investments.

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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 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 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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Publications May 29, 2024

Matthew I. Menchel Shares Experiences in Criminal Law and Views on Bridging the Pay Gap on Podcast

From his time working as a federal prosecutor to achieving victory in complex civil litigation, Kobre & Kim’s Miami-based lawyer Matthew I. Menchel shared his experiences with white collar defense and corporate investigations attorneys Marissel Descalzo and Vanessa Johannes Singh, hosts of the Athena Rising podcast.

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Publications May 29, 2024

Kobre & Kim Reinforces Commitment to China as Other Firms Exit or Downsize: Law360

As opportunities arise in areas such as international asset recovery, government enforcement work, and joint venture shareholder disputes, the firm looks to strengthen its operations in China.

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Client Alert May 23, 2024

US Dollar Noteholders Can Fast-Track a Favorable Recovery Against Brazilian and Latin American Note Issuers

  • Many Brazilian and Latin American companies that borrow in US dollars are facing a growing mountain of debt.
  • As international creditors eye a shrinking pool of capital available for repayment, US dollar noteholders may be left at the back of the line relative to onshore creditors.
  • However, there are a number of options at USD noteholders' disposal that could improve their position and increases their chances of recovery.

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Client Alert May 16, 2024

Precedent-Setting Win in Dubai Opens Doors for Global Creditors to Fight Fraudulent Conveyance in the Middle East

  • International investors and other claimants have long struggled to enforce cross-border claims in the United Arab Emirates (UAE) and the wider Middle East.
  • Debtors frequently deploy tactics such as fraudulent conveyance to transfer their assets out of reach.
  • A recent precedent-setting decision in Dubai’s High Court, secured by Kobre & Kim and local co-counsel, shows another avenue for global creditors to battle recalcitrant debtors and increase their chances of a swift and significant recovery on their cross-border claims.

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Client Alert May 9, 2024

Cross-Border Strategies for Maximizing Returns Against Sovereign Debtors

  • More investors are taking their disputes against sovereign states and entities to arbitration and judicial forums.
  • However, demanding payment of a defaulted debt, judgment or award does not always lead to the sovereign paying up.
  • We explore aggressive non-traditional strategies investors should deploy to ensure a sovereign debtor agrees to a settlement.

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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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