Publications January 31, 2023

Alan Guy Explores the Decline of the Billable Hour with LexisNexis

The trend away from billable hours as the way law firms charge clients may be accelerating. Kobre & Kim’s Managing Director of Underwriting and Value Optimization Alan Guy, who underwrites, negotiates and manages litigation finance and alternative fee arrangements, sat down with LexisNexis to explore the changes.

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Client Alert January 30, 2023

Korean Companies Should Prepare For Rising U.S.-Korea Parallel Antitrust Investigations

  • Korean and U.S. antitrust enforcers are working ever closer together in investigating potential anticompetitive behavior.
  • Korean companies are at risk – even conduct based entirely in Korea could be scrutinized.
  • We look at the enforcement hotspots and how Korean companies can deploy an effective multijurisdictional defensive strategy.

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Client Alert January 25, 2023

Achieving High Returns from Sovereign & States Disputes

  • A coming global economic downturn will put sovereign debt under pressure.
  • It may appear near impossible for creditors and investors to enforce this debt against sovereigns, but those who succeed can see extraordinary returns.
  • We explain how deploying creative cross-border strategies can overcome the toughest sovereign debtors and unlock the key to success.

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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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Publications January 13, 2023

Alan Guy on Lowering Costs for General Counsels in Legal Dive

For general counsels (GCs) in many organizations, a slowing economy in 2023 is putting pressure on them to spend less, particularly on their highest cost: outside counsel spending. Kobre & Kim’s Alan Guy, the Managing Director of Underwriting and Value Optimization, sat down with Legal Dive to emphasize how professionalizing fee discussions can allow clients and counsel to find win-win deals that align pricing and value.

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Client Alert January 9, 2023

Leveraging the U.S. Legal System in Brazil to Increase the Chances of Recovery from Fraud

  • Victims of large-scale and sophisticated fraud in Brazil may struggle to recover their assets by only using tools available in the domestic legal system.
  • However, a growing interest in fighting cross-border crime by U.S. authorities, together with the power of tools in the U.S., provide victims with a potentially better path to success.
  • Our cross-border team explains what strategies victims can deploy to achieve results.

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Client Alert December 22, 2022

Defensive and Counter-Offensive Strategies for High-Yield Debt Issuers and Private Borrowers

  • Tightening global credit conditions will put more corporate high-yield debt issuers and private borrowers from emerging markets at risk of default.
  • This can spiral into complex cross-border disputes with creditors, threatening the company’s survival.
  • Fortunately, there are creative and aggressive strategies available for debtors to limit their exposure and protect their bottom lines.

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Publications December 19, 2022

Benjamin Sirota Analyzes FTC Challenge of Microsoft-Activision Deal with Bloomberg Businessweek, WSJ and MLex

The U.S. Federal Trade Commission’s (FTC) attempt to block Microsoft’s acquisition of video game developer Activision Blizzard is, to some, a surprising and aggressive move with long odds. Kobre & Kim’s Benjamin Sirota, who focuses on contentious high-stakes antitrust disputes, analyzed the case when he sat down with Bloomberg Businessweek, The Wall Street Journal and MLex Market Insights.

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Client Alert December 14, 2022

Enforcing a Foreign Judgment in the UAE: New Opportunities

  • The United Arab Emirates (UAE) is becoming increasingly friendly to global judgment creditors looking to enforce their judgments.
  • Recent developments signal increased receptivity to fast-tracking recognition and enforcement through reciprocity.
  • We survey the landscape and look at how the country can form a crucial part of a worldwide enforcement campaign.

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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 November 30, 2022

Two Ways the Art World Could Get Swept into the Sanctions Orbit

  • Global sanctions targeting, among others, Russian individuals and entities are layering on top of anti-money laundering measures.
  • These will directly impact players in the art market, raising their litigation and enforcement risks.
  • We explain two particular triggers stakeholders should be aware of.

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Publications November 23, 2022

Calvin Koo Lays Out Roadmap for Recovering Stolen Digital Assets in Hong Kong for the Hong Kong Lawyer

Hong Kong is a global financial center with a common law legal system, useful judicial tools for asset tracing and recovery, as well as sophisticated law enforcement, making it a key jurisdiction for those recovering their digital assets from fraud or other property disputes. Kobre & Kim’s Hong Kong-based Calvin Koo, who focuses on tracing and recovering digital assets, laid out a roadmap for recovery in an article for the Hong Kong Lawyer.

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Client Alert November 23, 2022

Bankruptcy is Not the Only Way: Alternative Insolvency Techniques in Delaware

  • As the place of incorporation for many entities, Delaware has become a center for resolving high-stakes, cross-border insolvencies.
  • But many parties, especially from outside the U.S., default to using Chapter 11 bankruptcy, when it can be long, drawn-out, unpredictable and costly.
  • Our Insolvency and Delaware teams outline alternatives in the state that could be quicker and cheaper.

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Publications November 11, 2022

Amanda Tuminelli Speaks with Law360 on the “Very Broad” SEC v. LBRY Decision and the Future of Crypto Regulation

Kobre & Kim’s Amanda Tuminelli, who defends institutional clients in the cryptocurrency industry against government investigations and enforcement actions, spoke with Law360 on the recent U.S. Securities and Exchange Commission (SEC) victory over blockchain publisher LBRY in a New Hampshire federal court and what it could mean for the future of cryptocurrency regulation and enforcement, both in the U.S. and beyond.

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Client Alert November 9, 2022

How Chinese Ultra-High-Net-Worth Individuals Can Protect Their Global Wealth from Seizure in a High-Tension World

  • As geopolitical tensions heighten, Chinese ultra-high-net-worth individuals may become increasingly at risk of becoming the target of forfeiture by hostile foreign governments.
  • Governments around the world have shown increasing willingness to go after assets owned by those in disfavored jurisdictions.
  • By deploying a coordinated global strategy, Chinese UHNWIs can lawfully defend their legitimately earned wealth.

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