Insights

• A recent Texas decision denying enforcement of a Dubai judgment shows that success in a civil law court does not guarantee recognition in all common law jurisdictions.
• To avoid a hollow victory, creditors must plan ahead and take additional steps to ensure they can demonstrate due process, valid service, and procedural fairness.

Read More

• The U.S. is ramping up cross-border enforcement with two new fraud task forces targeting non-U.S. entities, particularly those linked to China.
• These companies should proactively manage disinformation, coordinate legal and communications strategies, and review asset structures with experienced counsel to mitigate escalating risks.

Read More

• Cyprus is emerging as a hub for wealth structuring and investment, offering legal flexibility, EU market access, and favorable tax treatment.
• Success, however, requires proactive structuring, coordination across legal regimes, and integrated tax advisory to ensure defensible and resilient asset protection.

Read More

The American Lawyer’s selection of Kobre & Kim as one of its Specialty Litigation Department of the Year finalists reflects several high-stakes victories.

Read More

• In light of the sanctions imposed on Minister Alexandre de Moraes, the Brazilian Supreme Federal Court (STF) recently issued a decision reaffirming that foreign laws and acts do not have automatic effect in Brazil—essentially establishing what is known in international law as a “blocking statute.”
• For companies with operations in both Brazil and the U.S., this creates a clear dilemma: complying with U.S. sanctions may violate Brazilian rules; ignoring them may result in penalties in the U.S.
• To mitigate these risks, it is essential to assess potential exposures, coordinate international strategies, and proactively manage reputational and legal risks.

Read More

• International creditors are facing a shrinking pool of available capital for repayment on their claims in Brazil and Latin America.
• As companies struggle to navigate ever-increasing amounts of debt, there are strategies US dollar noteholders can take to improve their position and fast-track a swift recovery. 

Read More

• Creditors pursuing claims against sovereign states may find new opportunities.
• A recent U.S. court decision opens the door to recoveries once thought out of reach, reinforcing the value of well-planned, globally coordinated strategies to maximize returns and speed up enforcement.

Read More

• The U.S. Department of Justice (DOJ)’s new Data Security Program imposes strict limits on U.S.-based companies transferring sensitive personal or government-related data to entities linked to “countries of concern”.
• With steep penalties and reputational fallout at stake, China-linked businesses should proactively map data flows, prepare for enforcement risks, and manage public perception early.

Read More

• Family offices are increasingly turning to the United Arab Emirates (UAE) for sophisticated wealth structuring, taking advantage of the Dubai International Financial Centre (DIFC) and the Abu Dhabi Global Market (ADGM).
• Central to this shift is the attractiveness of UAE foundations, standalone legal entities, similar in function to common law trusts.
• When properly structured, they support cross-border resilience and align with broader wealth planning strategies.

Read More

• As Chinese investment in Latin America grows, so do legal risks for Latin American companies.
• Cross-border strategies such as using Hong Kong arbitration, offshore insolvency tools, and targeting decision-makers can help improve outcomes in disputes with Chinese entities.

Read More

• The U.S. Government’s latest guidance marks a renewed focus on Foreign Corrupt Practices Act (FCPA) enforcement following a temporary pause.
• Companies operating across borders should proactively assess their exposure; strengthening compliance, identifying vulnerabilities, and managing reputational risks are key to navigating this evolving landscape.

Read More

• Chinese investors are playing an increasingly significant role in sovereign-related investments worldwide, especially in Europe, Africa, and Latin America.
• This raises enforcement challenges linked to sovereign immunity.
• Investors and claimants facing sovereign debtors should adopt bold, non-traditional strategies beyond litigation to effectively protect their interests and navigate these complexities.

Read More

• As economic ties between Brazil and Korea deepen, Korean companies may face challenges enforcing judgments or arbitration awards against Brazilian counterparts.
• Given the complexities of Brazil’s legal system, Korean creditors should consider a multijurisdictional strategy—leveraging offshore jurisdictions and U.S. legal mechanisms—to improve enforcement outcomes and navigate the process more effectively.

Read More

• Delaware’s Domestic Asset Protection Trusts (DAPTs) have earned the state a reputation as a premier jurisdiction for shielding assets from creditors.
• These trusts attract individuals and entities around the world seeking strong legal protections.
• While international creditors may view asset recovery efforts in Delaware as daunting, it is possible to overcome these protections with a strategic, multijurisdictional approach.

Read More

• Chinese companies and individuals with ties to the U.S. face increasing regulatory and enforcement risks.
• The U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC) are expected to intensify their investigations and enforcement efforts
• Those potentially affected should act early and decisively to mitigate exposure, navigate emerging challenges, and safeguard commercial opportunities.

Read More