Insights | Kobre & Kim — Disputes and Investigations

Client Alert May 22, 2019

U.S. Increasingly Enforcing Against India

Relations between India and the U.S. have recently experienced a few blows, including the termination of the former's preferential trading status with the U.S.
For future Indian defendants, it will be of paramount importance to understand the strategies and tactics of U.S. enforcement agencies in charge of bribery, national security and fraud investigations.
When regulators come knocking, those who choose to sit idly by will find themselves at a disadvantage.

Client Alert May 15, 2019

“Cartels Beware”: U.S.-Korea Antitrust Enforcement Likely to Reach a New Scale

A recent meeting between antitrust enforcers from South Korea and the U.S. signals an increase in future collaboration between the U.S. Department of Justice (DOJ) and Korea Fair Trade Commission (KFTC) on cross-border criminal antitrust enforcement.
A greater degree of DOJ-KFTC collaboration will result in increasingly complex multinational antitrust litigation.
When these enforcers take collaborative actions, targets will require equally coordinated defense strategies - likely combining the knowledge of both Korea and U.S. antitrust specialists.

Client Alert May 8, 2019

To Catch a Debtor: Freezing the Money

International creditors continue to face significant challenges when monetizing claims against debtors based in the People's Republic of China.
Actions such as a standalone freezing injunction can be used in English common law jurisdictions to freeze assets that are held by innocent third parties.
Injunctions and receiverships can be made without giving notice to the debtor, bestowing the "element of surprise."

Client Alert April 3, 2019

To Catch a Debtor: Finding the Money

For international creditors, monetizing claims against debtors located in the People’s Republic of China has proven difficult.
The first challenge is finding where the assets are, specifically via offshore discovery.
Time is of the essence, and “freezing” the money is next.

Client Alert March 27, 2019

Successfully Fighting a Spoofing or Market Manipulation Subpoena from the DOJ or the CFTC

The U.S. government has set its sights on market manipulation and “spoofing” among both traditional and digital currency traders.
For the trading firms and other market participants who could be in the government’s crosshairs, now is the time to plan how you will respond to a subpoena.
Traders and trading firms that find themselves on the receiving end of a subpoena related to spoofing or market manipulation should not immediately assume that cooperation is the best or only way to respond.

Client Alert March 21, 2019

Recovering Stolen Funds from Business Email Fraudsters

One of the most common forms of fraud affecting businesses worldwide is Business Email Compromise (BEC).
Often based in Asia, BEC fraudsters are known to use a network of underground moneychangers to move stolen funds rapidly beyond the reach of victims.
When affected, victims need to match the speed of the criminals, acting across multiple jurisdictions and with the full set of legal tools necessary to trace, freeze and recover assets effectively.

Client Alert March 4, 2019

Clashing With Titans: Effective Judgment Enforcement Against Sovereign Entities

There are many reasons why sovereign debtors can be challenging targets.
The right combination of high-pressure tactics, coupled with aggressive, creative, multijurisdictional strategies, can force sovereign debtors to take a seat at the bargaining table.
Here are specific examples of effective techniques from recent successful matters where legitimate claims were recovered against sovereign entities.

Client Alert January 30, 2019

A New Opportunity to Avoid Cyberattacks From the U.S.

Rising cyber security breaches place global companies at risk.
The New York State Department of Financial Services (NYDFS) recently imposed new regulations requiring companies to certify compliance with their cybersecurity programs by February 15 of every year.
To prevent a breach, noncompliance or litigation, Chinese companies with U.S.-incorporated subsidies ought to ensure their programs comply with these new regulations.

Client Alert December 20, 2018

U.S. Enforcement Against the PRC: Preparing for the Next Wave

The U.S. government has made its intentions clear that it will investigate and prosecute PRC-based companies and individuals that it believes employ illegal tactics to compete with U.S. companies in key sectors.
Future U.S. actions could come from any number of directions.
Whatever action comes next, a cross-border perspective and willingness to represent PRC-side clients against the U.S. government will be essential to an effective response.

Client Alert December 5, 2018

Empowering Israeli Innovators to Take on Industry Giants

Innovative Israeli technology companies are inherently disadvantaged when facing litigation against larger parties with deeper pockets.
Litigation funding can bridge the resource gap between smaller technology companies and the multi-national companies (MNCs) who may disregard their rights.
Litigation funding benefits smaller Israeli companies seeking to protect their rights. It also provides start-ups and growth-stage technology companies with the necessary resources to develop a strong case without being impeded by high costs.

Client Alert November 19, 2018

A New Door to Obtaining Business Intelligence in Offshore Cases

A recent decision involving document disclosure in offshore courts presents an opportunity for PRC-based companies to obtain business intelligence.
This decision — which was made in the English Court of Appeal and will likely influence offshore jurisdictions and Hong Kong — has shed light on how nonparties can get copies of court documents, evidence, written arguments and judgments.
To leverage the opportunity effectively, local expertise of offshore court processes and this new decision, in addition to on-the-ground support in PRC, will be needed.

Client Alert November 12, 2018

Navigating Global Matrimonial Disputes: Four Steps to High-Value Asset Recovery

While a divorce for the ultra-wealthy might be local, monetizing the resulting judgment requires sophisticated cross-border expertise.
A timely, proactive and creative asset recovery strategy leads to more money faster.
Obtaining a court judgment against the recalcitrant debtor is just the start of a global game of chess in which experience, creativity and global reach are essential.

Client Alert September 25, 2018

The New Art Fraud: Galleries and Dealers Are the Next Global Hacking Targets

The art world is an attractive target because of its fast-paced, high-value transactions with minimal documentation.
Once the money has been wired to the criminal’s account, they move to transfer the funds to erase their trace and disappear undetected.
Victims of such a hack must wield all of the legal and investigative tools at their disposal to maximize the odds of recovery.

Client Alert August 27, 2018

Corruption Probes in LatAm Aren’t Just Local Issues

Bribery-related headlines have been swirling in Latin America in recent years, most recently in Argentina.
Cross-border cooperation among law enforcement authorities appears to be at an all-time high, with local Latin American authorities and U.S. regulators joining their enforcement efforts on large-scale corruption probes such as Operation Car Wash, which has amounted to billions (USD) in monetary penalties paid by those implicated.
Here are five ways to mitigate risks relating to the Foreign Corrupt Practices Act (FCPA) investigations in Latin America.

Client Alert August 20, 2018

Beware the Reach of U.S. Sanctions

The web of U.S. sanctions across the globe is dynamic and complex, and it can affect companies doing business in any corner of the world, even those with limited ties to the U.S.
Inadvertent sanctions violations can be considered “egregious” by OFAC and subject violators to significant fines.
Secondary sanctions are an often unwitting risk.