Insights

Zhang Jindong, billionaire founder of Chinese retailer Suning.com, is struggling to delay repayment of a US $600 million bond, even after a US $1.4 billion rescue plan led by the Jiangsu provincial government. Kobre & Kim’s Jason Kang, who focuses on claim monetization efforts in China, told the South China Morning Post what international investors will be keeping an eye on.

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The pandemic has accelerated the use of telehealth and digital health care services, attracting increased regulatory scrutiny and enforcement activity. However, the sector faces an uncertain, complex and still developing patchwork of laws and regulations in the U.S. and around the world. Kobre & Kim’s Adriana Riviere-Badell and Alexandria Swette, both of whom have deep experience in health fraud, survey the legal landscape in an article for Law360.

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As Chinese real estate giant China Evergrande Group’s credit situation continues to deteriorate, Kobre & Kim’s John Han and Su Mien Tee, Hong Kong-based lawyers who focus on claim monetization in distressed industries, spoke with Reorg about Evergrande’s “ominous and rapidly unfolding” outlook.

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The Anti-Foreign Sanctions Law (AFSL), recently passed by the Chinese National People’s Congress Standing Committee, indicates a hardening of the Chinese government’s position against foreign sanctions and enforcement. While imposing the AFSL threatens these foreign companies’ ability to operate in China and worries foreign investors and trading partners, fears may be assuaged by bilateral investment treaties (BITs) that could limit the scope of the law. Kobre & Kim’s Wade Weems and Chang Liu delve into this emerging dynamic in an article for Law.com International.

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The U.S. Federal Trade Commission’s (FTC) second attempt at alleging Facebook of antitrust violations is already affecting the legal landscape. Kobre & Kim’s Benjamin Sirota, who focuses on government enforcement defense and is a former federal antitrust prosecutor, analyzed the new case when he spoke with Bloomberg Law.

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Chinese property developer Tahoe Group has been embroiled in financial crisis, facing a large-scale bond redemption and cross-default at over US $800 million for its dollar-denominated bonds alone. "No-action" clauses tie bondholders, but an exception at bond maturity gives many investors a chance to recoup a return. Kobre & Kim's John Han and Henry Cheung outline creative strategies beyond restructuring that can maximize returns in a blog post for Reorg. 

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The shutdown of a darknet blockchain analytics tool, Antinalysis, marks the ongoing showdown between malicious actors looking to launder their illicit digital assets, and the exchanges and law enforcement looking to stop them. Kobre & Kim’s Benjamin Sauter shared his thoughts on the future of these analytics tools when he sat down with Forkast News.

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In a chapter for Global Arbitration Review’s “The Arbitration Review of the Americas 2022,” Kobre & Kim’s Jef Klazen, Marcus Green and Chris Cogburn take a deep dive in the steps and nuances for parties looking to enforce an arbitration award in the United States.

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Kobre & Kim’s Polly Wilkins, who co-chairs the Women’s White Collar Defense Association’s (WWCDA) Young Professional’s Committee in London, was recently highlighted in the association’s quarterly newsletter as one of their rising stars.

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In 2020 alone, Chinese companies have signed 5,611 new contracts worth over US $141 billion as part of China’s Belt and Road Initiative. But with the relative recency of Chinese companies’ overseas investments comes increased legal risk exposure, particularly from the multilateral development banks (MDBs) that underpin many of these projects. Kobre & Kim’s Jason Kang and Jian Wu untangle the complexities in an article for Chinese news website Guancha News (观察者网).

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Kobre & Kim was one of the few midsize Am Law 200 firms to have had double-digit revenue growth in 2020. Founding partner Michael Kim shared the key to this success when he sat down with The American Lawyer.

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“Mr. Spackman is running out of places to hide,” Kobre & Kim’s John Han told New York Law Journal after a New York state appeals court ruled businessman Charles Spackman was rightfully held in civil contempt for not complying with a subpoena, part of a long-running global enforcement campaign on behalf of Korean investor Sang Cheol Woo to collect over US $10 million owed by Mr. Spackman.

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Non-fungible tokens (NFTs) have taken the art world by storm, but the unique nature of these digital assets present new legal risks for artists, galleries, auction houses and high-net-worth investors. Kobre & Kim’s Polly Wilkins and Lara Levinson outline how NFT stakeholders can protect themselves, their assets and their reputations in an article for Arts & Collections, a magazine associated with fine arts company Sotheby’s.

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As loan moratoria around the world, including the one set by the Reserve Bank of India, are set to expire in the wake of the COVID-19 pandemic, Indian debtors are likely to hear from their global creditors. But as Kobre & Kim’s Vasu Muthyala, Nick Cherryman, Kiran Unni and Jef Klazen explain in an article for Legal Era, debtors still have numerous tools to deploy if they face the wrong end of a financial giant’s global enforcement campaign.

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The U.S. Department of Justice’s (DOJ) focus on pursuing criminal antitrust prosecutions against employers agreeing not to recruit from one another is expected to intensify. Kobre & Kim’s Benjamin Sirota, a former DOJ Antitrust Division prosecutor, shared what to expect from prosecutors when he recently spoke with Law360.

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