The Americanas fraud has led a wave of insolvencies in Brazil, shaking the market.
This wave of financial distress has ensnared international creditors into the slow-moving Brazilian insolvency landscape.
However, new developments in Brazil – combined with an assertive cross-border strategy – can help creditors gain the upper hand and reach a quicker resolution.
Many Chinese debt issuers are still undergoing a wave of defaults, putting offshore general unsecured creditors at risk.
One way to secure substantial recovery is to enforce keepwell agreements, promises by a PRC onshore parent company to maintain a debt issuer’s liquidity and solvency.
This can expand the range of enforcement targets, increasing creditors’ options and chances of success.
The U.S., UK and their allies are continuing to find tools to exert pressure on China.
Businesspeople in Greater China with global interests could become targets of financial sanctions if diplomatic relations between China and the U.S. deteriorate further.
We explain how financial and wealth advisors can mitigate the risks these clients face if they act early and decisively.
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.
Winning an arbitral award often marks the beginning of a long and costly global enforcement campaign for international investors, especially against a sovereign state.
To speed up a settlement, investors should take a bold stand against sovereigns, leveraging international treaty protections.
A recent landmark win against the Kingdom of Spain shows one way for investors.
The Middle East is opening up to cross-border investors, creditors and claimants, as Saudi Arabia’s adoption of rules based on the UNCITRAL Model Law on Cross-Border Insolvency demonstrates.
The openness is not limited to that country – the United Arab Emirates has also made strides that gives more tools for creditors considering a global enforcement campaign.
We explain what these developments mean for creditors.
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.
Global bond issuers looking to restructure their debt have often turned to English courts, relying on debtor-friendly rules such as the ability to cram down creditors.
Two recent English court decision, however, are improving prospects for global bondholders.
Creditors who are willing to take swift and forceful action against even the biggest players can see the greatest chances of success.
Israeli and other Middle Eastern and African nationals are increasingly at risk as U.S. and Western enforcement agencies aggressively pursue cross-border actions, in many cases based on incomplete facts.
With cooperation from countries like Israel, those targeted can risk their assets, reputation and liberty if they are not adequately prepared.
We explain what steps individuals can take to push back and get the facts straight.
More Chinese companies are entering the Korean market, running head-on into family-owned conglomerates known as chaebols.
In a dispute, the overwhelming dominance of chaebols and the intricacies of the Korea legal market make it hard for Chinese companies to find a way out.
However, by combining creative legal and PR strategies, Chinese companies can put pressure on their competitors and protect their business interests.
Recent comments by top U.S. Department of Justice (DOJ) officials seem to signal an emphasis on leniency programs for companies cooperating on corruption and bribery investigations.
However, non-U.S. companies should not let their guard down – the DOJ continues to stretch the bounds of its jurisdiction to aggressively prosecute companies beyond the U.S.
We unpack counteroffensive strategies at-risk companies should consider to stand up to DOJ overreach and drive successful outcomes.
The tumultuous power transfer in Brazil has sparked investigations into the new administration’s political opponents.
This is an example of a larger global trend where regime change may result in politically motivated investigations, threatening a politically exposed person’s liberty, reputation and assets.
Our team walks through proactive steps those at risk can take to protect themselves.
