Client Alert December 15, 2023

Russian Litigants Can Still Access Critical Legal Tools in U.S. Courts

  • Russian individuals and companies with legitimate global interests still need to litigate their disputes in overseas jurisdictions.
  • Despite the current state of relations between the United States and Russia, U.S. courts are still giving Russian litigants a fair hearing.
  • We outline recent examples of successes that demonstrate how Russian litigants can still access powerful U.S. legal tools.

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Publications December 14, 2023

Kobre & Kim’s International Enforcement Judgment Featured Among Commercial Dispute Resolution’s Top 2023 Cases

An English High Court judgment on state immunity and international arbitration, obtained in May 2023 by Kobre & Kim on behalf of two investors, was featured among the top global cases of 2023 in Commercial Dispute Resolution’s year in review.

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Publications December 13, 2023

Kobre & Kim’s Brazil Growth Reported in Brazilian Publication Análise

Kobre & Kim’s continuing expansion in Latin America, with the growth of its on-the-ground team in Brazil, was reported in Brazilian publication Análise.

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Client Alert November 30, 2023

Cross-Border Tools for Chinese Investors to Recover in Brazilian Insolvencies and Against Fraud

  • Brazil is seeking more investment from China, with almost half of China’s investments in South America being in Brazil.
  • However, the recent wave of insolvencies in Brazil could threaten these investments, particularly if fraud is uncovered, leaving investors to navigate the complex Brazilian insolvency landscape.
  • By undertaking a more assertive, multijurisdictional approach, combined with new insolvency tools in Brazil, investors can seek to gain the upper hand.

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Client Alert November 22, 2023

New U.S. DOJ “Safe Harbor” Provisions May Not Be So Safe for Non-U.S. Companies

  • The U.S. Department of Justice announced a new policy promising companies leniency if they report uncovered misconduct within six months of a merger or acquisition.
  • Though this may at first appear to be “good news,” it demonstrates the DOJ’s increasing aggressiveness to companies – including non-U.S. companies – that did not commit any wrongdoing.
  • We look at why companies should be wary of cooperation, and how they can approach the DOJ more prudently.

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Client Alert November 16, 2023

Immediate Global Crisis Management Essential For Targets of Large-Scale Crypto Fraud

  • Speed is critical for targets of large-scale cryptocurrency fraud or cyber-attacks.
  • The borderless and pseudonymous nature of cryptocurrencies means stolen assets can be quickly dispersed around the world.
  • Targets should deploy a speedy, global response, combined with non-traditional approaches, to increase the chances of a substantial recovery.

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Client Alert November 9, 2023

Middle Eastern Investors Have Options to Protect Their Investments in China

  • Investments from the Middle East into Mainland China are growing recently as many see increasing opportunities for returns.
  • However, there are risks that may materialize if investors become embroiled in a global dispute with Chinese companies.
  • Investors should consider ways to increase their leverage and expand their options, including by bringing disputes directly into China through Hong Kong.

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Publications November 6, 2023

Kobre & Kim Expands in Brazil as Insolvency Work Grows: Law.com International

With a boom in insolvency and restructuring work in Brazil in the aftermath of the pandemic, as well as an inflow of capital into the region to secure commodities and infrastructure projects, Kobre & Kim has expanded its Brazil-based team to reinforce the firm’s local presence, Law.com International reported.

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Client Alert November 1, 2023

Responding to U.S. DOJ Actions Against Latin American Individuals

  • The U.S. Department of Justice is continuing to extend its long arm jurisdiction into aggressively scrutinizing individuals in Latin America.
  • Many targets may become embroiled in what can be overstated allegations, threatening their assets, liberty and reputation.
  • Targets need to work with cross-border counsel knowledgeable in the DOJ’s tactics to push back as early as possible.

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Client Alert October 26, 2023

International Creditors Can Crack Delaware's Notoriously Tough Trusts

  • Debtor-friendly Delaware has strong asset protection laws that make it a destination of choice for global entities and individuals looking to hold their assets in a trust.
  • This creates a headache for international creditors – recovering assets in a Delaware trust can seem like an insurmountable challenge.
  • By adopting a creative, aggressive and multijurisdictional strategy, however, creditors can crack even Delaware’s notoriously tough trusts.

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Client Alert October 19, 2023

Mitigating Sanctions Risks For Individuals and Their Cyprus-Based Assets

  • As governments increasingly use sanctions as a geopolitical tool, ultra-high-net-worth individuals – including those with connections to Cyprus – are at risk.
  • Cypriot officials and financial institutions have already taken steps to target certain individuals, even those who are not sanctioned.
  • We explain pre-emptive steps at-risk individuals and their advisors can take to mitigate the risks and protect themselves.

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Client Alert October 12, 2023

Cross-Border Strategies to Accelerate Non-Performing Loans Recoveries in Korea

  • Korean banks are holding an increasing amount of non-performing loans, putting their financial health at risk.
  • For many with large portfolios exposed to cross-border unsecured debt and loans to high-yield borrowers, sale and write downs may not be optimal.
  • A cross-border strategy to monetize their claims could offer a superior alternative.

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Client Alert October 5, 2023

Powerful Option for Creditors Enforcing Judgments from Common Law Courts in the United Arab Emirates

  • It is commonly assumed that it is difficult and impractical to enforcement judgments in the United Arab Emirates.
  • However, this is increasingly untrue – even when no bilateral enforcement treaty exists, creditors can obtain recognition of their common law judgments.
  • A recent Kobre & Kim case shows how that can happen.

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Publications October 4, 2023

John Han Discusses Evergrande with the Wall Street Journal

Embattled Chinese real estate developer Evergrande is in dire straits after parts of its proposed turnaround plan were blocked by China's regulators. Market observers are left wondering what this could mean for other similarly troubled real estate companies in China, such as Country Garden, that are currently navigating a turbulent housing crisis in the world's second-largest economy. Kobre & Kim's John Han, who focuses on cross-border monetization of distressed assets, sat down with The Wall Street Journal to discuss what might be next for the property giant and other Chinese real estate companies.

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Client Alert September 28, 2023

Crypto Parties Can Stand Up to Regulatory Overreach

  • U.S. regulators are aggressively stretching the bounds of their jurisdiction over the cryptocurrency and digital asset space.
  • This puts exchanges, founders, investors and other parties at risk of increased uncertainty and risk of investigation and enforcement.
  • Deference may not earn targets leniency – instead, as a recent Kobre & Kim settlement shows, standing up to the regulators can pay dividends.

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