Client Alert February 29, 2024

Political Strategies in Monetizing Sovereign Arbitration Awards

  • For international investors and companies, winning an arbitration award against a sovereign state marks just the beginning of a lengthy, globe-spanning enforcement campaign.
  • To make a greater impact on the enforcement process, award holders should not be afraid to use more creative approaches.
  • A recent Kobre & Kim victory demonstrates how this approach can put legitimate pressure on sovereign debtors and bring them to the negotiating table.

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Client Alert February 22, 2024

Leveraging Cross-Border and Offshore Tools in Brazilian Insolvencies

  • A wave of cross-border financial distress and insolvencies is rocking Brazilian companies – Brazilian airline GOL filed for Chapter 11 in the U.S. in January 2024.
  • Although international creditors have historically faced a Brazilian insolvency landscape that has created many practical impediments, things are changing.
  • A new Brazilian bankruptcy law, if combined with a multijurisdictional approach touching the U.S. and offshore, can give creditors additional leverage toward a favorable recovery.

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Publications February 20, 2024

Daniel Lee Compares Court Transparency in Korea and the United States with Korean Law Times

In Korea, court opinions are generally not made public. This contrasts with the United States, where not only judgments but also indictments, submitted evidence and court transcripts can be made public. Kobre & Kim’s Seoul-based Daniel Lee, a former U.S. federal prosecutor, explains the difference when he sat down with the Korean Law Times.

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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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Publications February 5, 2024

Robin Baik to Financial Times: Upcoming Elections Add Pressure on Korean Authorities to Reform Shareholder Rights

Could the “Korean discount” that characterizes the chronically undervalued Korean stock market come to an end as the government and activist investors push for change? Kobre & Kim’s Robin Baik, who focuses on shareholder activist campaigns and international disputes related to Korea, spoke with the Financial Times on the shifting landscape in Korea.

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Publications February 5, 2024

Kobre & Kim Case Concerning Spain’s Sovereign Immunity and Investment Treaty Arbitration Featured by The Lawyer Among Top 2024 Appeals

The Kingdom of Spain’s appeal against a landmark English High Court judgment in favor of two investors represented by Kobre & Kim is featured among the top ten appeals of 2024 by The Lawyer.

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Client Alert February 1, 2024

Cracking Delaware’s Notoriously Tough Trusts

  • 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.

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Publications January 31, 2024

Polly Wilkins and Jason Masimore on How Private Clients Can Manage Reputational Risks in Article with DRD Partnership

For high-net-worth individuals and private clients involved in contentious situations, misinformation created and spread by bad-faith opponents is a real and tangible threat. Falsehoods can easily spread online and get picked up by established media following a coordinated campaign, threatening reputational harm around the world. Kobre & Kim’s Polly Wilkins and Jason Masimore unpacked the dangers and offered strategies to manage the risks in an article written with international strategic communications consultancy, DRD Partnership.

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Client Alert January 26, 2024

Ultra-High-Net-Worth Individuals Can Mitigate Two Hazards Lurking at Free Ports

  • Free ports enable ultra-high-net-worth individuals to store, trade and transport assets, including artwork, with benefits of security, favorable tax and customs regulations and, often, privacy.
  • However, free ports cannot mitigate threats to assets when authorities make allegations of misconduct and issue freezing or seizure orders.
  • With a free port in Dubai under construction, UHNWIs and their advisors should contemplate proactive steps to protect their global portfolios.

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Client Alert January 18, 2024

New Pathways for International Creditors to Fight Fraudulent Conveyance in Dubai

  • International creditors are seeing more opportunities in the United Arab Emirates and wider Middle East as courts continue to signal openness to recognizing and enforcing overseas judgments.
  • This includes overcoming a fraudulent conveyance, as a UAE court recently decided in what may be an unprecedented judgment in favor of a judgment holder represented by Kobre & Kim.
  • The judgment demonstrates that there are a rapidly growing number of creditor tools available in the region to combat recalcitrant debtors.

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Client Alert January 11, 2024

New U.S. Bribery Law Could Put Non-U.S. Officials Under Unwarranted Scrutiny

  • A new law criminalizing the demanding or receipt of payments from U.S. individuals or entities gives the U.S. Department of Justice new tools to extend its targeting of non-U.S. individuals in corruption investigations.
  • This puts politically connected individuals at risk of becoming subject to aggressive U.S. investigations, initiated by politically motivated domestic rivals.
  • At-risk individuals should take proactive steps to protect their reputations, assets and liberty.

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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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Publications January 2, 2024

Paul Hughes Examines UAE Recovery Options for International Creditors in International

As the United Arab Emirates (UAE) emerges as a significant economic center, it has attracted international creditors seeking to recover debts as part of a worldwide enforcement campaign. Kobre & Kim’s Dubai-based Paul Hughes, who focuses on cross-border judgment and award enforcement, explores the options available for creditors to accelerate recovery and overcome common hurdles in an article for International.

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Client Alert December 15, 2023

Politically Exposed Persons Should Preemptively Manage Risks from Change in Government in Argentina

  • The new administration of Javier Milei in Argentina marks a shift away from the political establishment, with his promises to purge the “political caste.”
  • Politically exposed persons may be at risk – new authorities around the world often engage in politically motivated investigations.
  • At-risk individuals and businesses should take proactive steps to protect their assets, liberty and reputation.

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