What Multinational Companies Should Know About Unprecedented Extraterritorial Activities by the South Korean Police

  • The South Korean Police are expanding their extraterritorial activities, with many multinational companies now in their sightline.
  • Many companies are unfamiliar with handling Korean inquiries and investigations, but their next steps can be crucial to risks to their business.
  • Our cross-border team explores strategies to help companies mitigate their risks and stand up to prosecutorial overreach.

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Defending Your Offshore Trusts from Onshore Attacks

  • Ultra-high-net-worth individuals embroiled in onshore government, commercial or family disputes may find their offshore trusts a vulnerable target.
  • These often-aggressive attacks set up a complex clash of onshore and offshore law, and demand an equally aggressive and comprehensive response.
  • There are steps UHNWIs and their advisors can take to reduce their risk exposure and respond to attacks on their wealth.

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Lessons Learned for Activist Investors: The 2023 Korea Annual General Meeting Season

  • 2023 has continued a trend of increasingly energetic shareholder activism in Korea.
  • The most recent annual general meeting season has shed light on the paths activist investors can take to increase their chances of success.
  • Our team explores the main takeaways and lessons learned from the season.

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U.S. Sanctions Against Individuals in Greater China May Come Suddenly: How Overseas Advisors Can Protect Their Clients from Overreach

  • The U.S., UK and their allies are continuing to find tools to exert pressure on China.
  • Businesspeople in Greater China with global interests could become targets of financial sanctions if diplomatic relations between China and the U.S. deteriorate further.
  • We explain how financial and wealth advisors can mitigate the risks these clients face if they act early and decisively.

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Opportunities for Global and Local Activist Investors are Growing in Korea

  • Recent developments in the Korean legal landscape have been in activist investors’ favor, opening new opportunities to assert their rights and interests in Korean companies.
  • Still, the intricacies of the Korean market and the dominance of chaebols mean investors should still tread carefully.
  • Creative strategies that navigate these complexities can bring investors the greatest chances of success.

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What a Landmark Ruling Against Spain Means for Investors in Disputes with Sovereigns

  • Winning an arbitral award often marks the beginning of a long and costly global enforcement campaign for international investors, especially against a sovereign state.
  • To speed up a settlement, investors should take a bold stand against sovereigns, leveraging international treaty protections.
  • A recent landmark win against the Kingdom of Spain shows one way for investors.

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More Routes to Recovery for Global Creditors in the Middle East

  • The Middle East is opening up to cross-border investors, creditors and claimants, as Saudi Arabia’s adoption of rules based on the UNCITRAL Model Law on Cross-Border Insolvency demonstrates.
  • The openness is not limited to that country – the United Arab Emirates has also made strides that gives more tools for creditors considering a global enforcement campaign.
  • We explain what these developments mean for creditors.

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Publications June 5, 2023

Adriana Riviere-Badell on Lawmakers’ Request for U.S. to Intervene in ICSID Treaty Claim in Global Arbitration Review

Over 30 U.S. lawmakers wrote to the Biden administration in May urging them to intervene on behalf of Honduras after allegations that ICSID has breached “law and procedure” in its administration of US $11 billion treaty claim have caused the government of Honduras to threaten withdrawal from ICSID’s jurisdiction. Kobre & Kim’s Adriana Riviere-Badell, who focuses on enforcement of international judgments and arbitral awards with a nexus to Latin America, gave her insight to Global Arbitration Review.

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Publications June 2, 2023

Evelyn Sheehan and Lara Levinson Explore Navigating Legal Risks in Luxury Asset Transactions in Private Client Global Elite’s “The Month”

The luxury market is characterized by high stakes and confidentiality, but recent developments in the market have led to greater government scrutiny and enforcement actions, which increases risk for market participants. Kobre & Kim’s Evelyn Sheehan and Lara Levinson explore these risks in an article for Private Client Global Elite’s “The Month.”

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Publications May 30, 2023

Adriana Riviere-Badell on Push to Eliminate ISDS Provisions from U.S. Trade Agreements in Law360

With over 30 U.S. lawmakers in May urging the Biden administration to intervene in an investor-state arbitration involving Honduras and calling for the elimination of investor-state dispute settlement (ISDS) provisions in existing trade agreements involving the hemisphere, should international investors be concerned? Kobre & Kim’s Adriana Riviere-Badell, who focuses on enforcement of international judgments and arbitral awards with a nexus to Latin America, sat down with Law360 to discuss.

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Asia-Based Investors in U.S. Commercial Real Estate Can Mitigate Losses by Defending their Legal Rights

  • Chinese and other Asia-based investors have targeted the U.S. commercial real estate market recently, whether by direct investment or through CMBS or REITs.
  • However, the pandemic, credit tightening and regional bank failures have accelerated a market downturn, and many investors are vulnerable to losses.
  • Investors should consider proactive or counteroffensive strategies to enforce their legal rights, even against big industry players, to mitigate their losses and protect their bottom lines.

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Pathways for Global Bondholders to Effectively Oppose Unjust UK Restructuring Plans

  • Global bond issuers looking to restructure their debt have often turned to English courts, relying on debtor-friendly rules such as the ability to cram down creditors.
  • Two recent English court decision, however, are improving prospects for global bondholders.
  • Creditors who are willing to take swift and forceful action against even the biggest players can see the greatest chances of success.

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How Israeli, Middle Eastern and African Individuals Should Respond to Criminal Allegations from Foreign Governments

  • Israeli and other Middle Eastern and African nationals are increasingly at risk as U.S. and Western enforcement agencies aggressively pursue cross-border actions, in many cases based on incomplete facts.
  • With cooperation from countries like Israel, those targeted can risk their assets, reputation and liberty if they are not adequately prepared.
  • We explain what steps individuals can take to push back and get the facts straight.

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Chinese Companies Should Not Shy Away From Potential Disputes Against Korean Chaebol Competitors

  • More Chinese companies are entering the Korean market, running head-on into family-owned conglomerates known as chaebols.
  • In a dispute, the overwhelming dominance of chaebols and the intricacies of the Korea legal market make it hard for Chinese companies to find a way out.
  • However, by combining creative legal and PR strategies, Chinese companies can put pressure on their competitors and protect their business interests.

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Publications April 26, 2023

Andrew Stafford KC, Calvin Koo, Timothy de Swardt Examine Crypto Recovery in the UK, BVI, Hong Kong and U.S.

The proliferation of blockchain technology and cryptocurrency has seemed like the emergence of a new Wild West – but has the sheriff finally ridden into town? Kobre & Kim’s Andrew Stafford KC, Calvin Koo and Timothy de Swardt look at how the United Kingdom, the British Virgin Islands, Hong Kong and the U.S. – all sophisticated and important global financial centers with mature and highly competitive legal markets – have responded to the disruptive effects of blockchain and cryptocurrency in a chapter of Commercial Dispute Resolution’s “Fraud, Asset Tracing & Recovery 2023.”

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