Insights

Non-fungible tokens (NFTs) are the latest digital technology trend, but they may not be beyond regulatory oversight. Kobre & Kim’s Benjamin Sauter, Melisa Ortes Gonzalez and Lara Levinson unpack the potential traps in an article for Forkast News.

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With the end of the London Interbank Offered Rate (LIBOR) looming, contractual counterparties should prepare for disputes regarding “fallback” interest rates.  

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Tesla founder Elon Musk’s tweets have the power to send bitcoin prices crashing and Dogecoin prices soaring. But with Tesla sitting on a pile of bitcoin, some are asking whether Musk’s tweets amount to illegal manipulation.

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In an interview with The American Lawyer, Kobre & Kim co-founder Michael Kim and Chief Strategy Officer Gary Singer discuss the impact that strategic leadership from talent outside of the legal services industry can have on a law firm’s growth trajectory.

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In a recent opinion, the U.S. Supreme Court unanimously ruled that the U.S. Federal Trade Commission (FTC) does not have the authority to directly seek monetary relief. Kobre & Kim’s Benjamin Sirota sat down with Global Competition Review to comment on one notable aspect of the court’s opinion.

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In a recent interview with Law360 marking his start at the firm, Kobre & Kim’s Michael Sherwin, a former top U.S. Department of Justice (DOJ) prosecutor, explained the reasons for his move to private practice from prosecution to defense, as well as the global trends this move allows him to capitalize on.

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The U.S. Commodity Futures Trading Commission (CFTC) has a reputation of overreach, asserting aggressive legal theories in hopes of bulldozing companies into submission. Their target now is on wash trading but, as Kobre & Kim’s Benjamin Sauter, Jonathan Cogan and Lydia Halpern write in Traders Magazine, their theories are just as dubious as before, and traders should not be afraid to push back.

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With the new U.S. administration expected to double down on anti-corruption enforcement efforts, and with recent legislation providing them new tools to do so, high-net-worth individuals (HNWIs) in Latin America are likely to be the focus of scrutiny. Kobre & Kim’s Evelyn Sheehan and Amanda Tuminelli examine the impending risks in an article for the Anti-Corruption Report.

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With the U.S. Senate confirming Gary Gensler as chair of the U.S. Securities and Exchange Commission (SEC), Kobre & Kim’s Bill McGovern, a former SEC branch chief, sat down with Compliance Week to explore how Gensler will lead the agency.

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In a Q&A for Financier Worldwide, Kobre & Kim’s Scott Hulsey and William McGovern examined the latest trends in U.S. corporate fraud and corruption enforcement.

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Financial services institutions often focus on the actions of enforcers like the Securities and Exchange Commission and the Commodity Futures Trading Commission in assessing their exposure.  And rightly so.  What they may fail to consider, however, are the antitrust risks of their business dealings, particularly as government enforcement agencies and private parties increasingly employ antitrust perspectives. 

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Last week, a federal jury in Texas returned US $2.18 billion verdict against semiconductor giant Intel for infringement of two semiconductor patents. In an interview with Chinese magazine 21st Century Business Review (21CBR), Kobre & Kim intellectual property litigator Michael Ng shared his thoughts on the case.

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In a groundbreaking judgment obtained by Kobre & Kim, the BVI Commercial Court for the first time made a committal order against a personal defendant residing outside of the British Virgin Islands for failing to appear at a hearing. With their colleague John Han, Kobre & Kim’s Merrick Watson and Timothy de Swardt, who obtained the ruling, explained the significance of the judgment in an article for Global Restructuring Review.

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Bitcoin’s rise in price has coincided with its rise in attractiveness for a growing number of investors, including ultra-high-net-worth individuals (UHNWIs). However, UHNWIs and their advisers should be wary of potential legal exposure as legal regimes are evolving around the world, including in Asia-Pacific, Kobre & Kim’s Calvin Koo writes in Wealth Briefing Asia.

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Days before New York reached a settlement with digital currency trading platform Bitfinex after a long investigation, Ripple Labs registered as a business in Wyoming, underscoring the Swiss-cheese state of U.S. digital currency regulation and Wyoming’s effort to become the country’s digital currency center. Kobre & Kim’s Benjamin Sauter analyzed the current regulatory framework when he sat down with Cointelegraph.

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