Insights

• Delaware’s strong asset protection laws have long made the U.S. state a destination of choice for individuals and entities worldwide looking to set up a trust.
• International creditors looking to recover assets may feel that pursuing a debtor in Delaware is insurmountable.
• However, it is indeed possible to crack Delaware’s notoriously tough trusts by adopting an aggressive multijurisdictional strategy.

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• Commercial parties worldwide have long struggled to enforce cross-border arbitration awards and judgments in the Middle East.
• However, recent decisions of the UAE courts have signaled that the tides may be turning more in creditors’ favor. which can inform how they may approach enforcement against a sovereign debtor.
• Our team explains recent updates advancing cross-border judgment enforcement efforts in the region.

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• The People’s Republic of China (PRC) and South Korea vowed a new start in future economic cooperation,
• However, given the dominance of family-owned conglomerates known as chaebols in the Korean market and the complex intricacies of the Korean legal market, PRC companies may struggle to see a way out when they encounter a dispute.
• PRC companies can combine various creative legal and PR strategies designed to maximize pressure on their competitor and assertively protect their business interests.

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• Over the past several years, Kobre & Kim has successfully enforced cross-border judgments and arbitration awards collectively valued at more than US $40 billion.
• Many of the firm’s engagements have involved judgments and awards valued at upward of US $100 million, including several in the billions or even tens of billions of US dollars.
• Large monetary judgments or awards cannot be successfully enforced by a strategy that solely focuses on pursuing assets worldwide.

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• Recent political unrest in Latin America poses increased risks for global investors with deep financial ties to the region. Attempted coups and disputed elections have increased investor concerns over potential disruption to companies' onshore operations. 
• Rapid changes in political regimes affecting relationships with local governments or adverse actions taken against key local business partners may cause business challenges. 
• Extractive industries such as lithium mining and oil and gas face significant exposure to these geopolitical events. 

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• The creation and proliferation of inaccurate information are among the most potent threats facing ultra-high-net-worth individuals (UHNWI) navigating disputes.
• This misinformation can corrode and obscure the truth, risking a person’s reputation, lawfully held assets, and freedom to move across borders.
• When facing these types of risks, UHNWIs and their advisors should contemplate proactive steps to protect their legitimate business interests.

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• Sanctions against Russia have increasingly targeted the global shipping and maritime industry as the U.S., UK, EU, and other allied governments seek to enforce its crude oil price cap more aggressively.
• With Russian crude exports on the rise, individuals and businesses with ties to the global shipping and maritime industry – particularly Greek and Cyprus-based companies – could find themselves exposed to the widening sphere of Western sanctions.
• We explain how individuals and businesses with ties to the Cypriot shipping industry and their advisors may be able to mitigate potential risks.

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• Ultra-high-net-worth individuals (UHNWIs) operating outside the United States have recently come under increasingly aggressive scrutiny from U.S regulators, including the U.S. Department of Justice (DOJ), and international cooperation agencies such as INTERPOL.
• If an UHNWI is not adequately prepared, these accusations could potentially spiral into global asset freezes and seizures.
• Below, our team discusses pre-emptive measures these potential targets can take to mitigate associated risks.

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• Many Korean and other Asian investors have poured money into the U.S. commercial real estate market, whether investing directly in property or through commercial mortgage-backed securities (CMBS) or real estate investment trusts (REITs).
• The pandemic, the fastest interest rate hike in decades and a drawback from risk-taking by U.S. regional banks in the wake of bank failures have dealt grievous blows to the market.
• This rapidly changing environment is leaving many investors vulnerable to mortgage defaults and lower valuations on their investments.

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• Chinese companies with significant intellectual property (“IP”) assets continue to see their bottom lines threatened amid increased competition with the U.S. and other Western companies.
• Kobre & Kim's ongoing commitment to its mainland China presence (recently featured in Law360) is critical to its ability to effectively manage cross-border IP disputes initiated outside China by Chinese companies in industries such as biotechnology, artificial intelligence, and consumer goods.

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