Publications December 7, 2021

Benjamin Sirota to Quartz: UK’s Blocking of Facebook-Giphy Deal Signals Global Antitrust Regulators’ Low Thresholds

The UK antitrust regulator, the Competition and Markets Authority (CMA), forced Facebook parent company Meta to unwind the acquisition of GIF database company Giphy. This decision demonstrates the willingness of global antitrust regulators to scrutinize even deals between companies based an ocean away, Benjamin Sirota, a former U.S. federal antitrust prosecutor, told Quartz.

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Publications December 6, 2021

Evelyn Sheehan to Amelia Rueda: Latin America is the Global Anticorruption Enforcement Risk Capital

Recent scandals in Costa Rica – namely operations Diamante and Cochinilla – have brought corruption to the forefront of the public in the region. Together with renewed efforts by the U.S. Department of Justice (DOJ) to combat corruption in Latin America, individuals and companies there now find themselves located in the global risk capital for anticorruption and compliance enforcement. Evelyn Sheehan, a former U.S. federal prosecutor who oversaw international corruption and bribery investigations, examined the latest developments when she sat down with renowned Costa Rican journalist Amelia Rueda for a Spanish-language radio interview.

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Publications December 3, 2021

Benjamin Sirota Speaks with Quartz on UK Antitrust Regulator Ordering Facebook to Sell Giphy

For the first time, the UK’s antitrust regulator ordered an American tech company to sell one of its major acquisitions. The Competition and Markets Authority (CMA) ruled that Meta Platforms, Facebook’s parent company, must divest Giphy, a GIF database and search engine. As Benjamin Sirota, a former U.S. federal antitrust prosecutor, told Quartz, this spells trouble for Facebook and other large tech companies.

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Publications December 2, 2021

Martin De Luca, Wade Weems and Scott Nielson on Growing U.S. Enforcement Against Central America

The passage of the United States-Northern Triangle Enhanced Engagement Act in the U.S. last year – aimed at targeted sanctions to fight corruption in El Salvador, Guatemala and Honduras –led to the U.S. State Department’s creation of the “Engel List.” The Engel List is a list of corrupt and undemocratic actors in those countries. It signals the United States’ accelerating enforcement in Central America, increasing risks for individuals in the region, as Kobre & Kim’s Martin De Luca, Wade Weems and Scott Nielson explained in an article for The Anti-Corruption Report.

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Publications November 23, 2021

Andrew Stafford KC and Oleg Shaulko in Law360: Where Do The Bounds Of Sovereign Immunity Lie?

Kobre & Kim's London-based lawyers Andrew Stafford KC and Oleg Shaulko, who focus their practices on cross-border judgment enforcement matters involving sovereign entities, dive into the the issue of sovereign immunity in their article "How Immune are State Agents from Foreign Courts?" published in Law360.

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Publications November 23, 2021

Jason Kang on Asset Recovery in China and Risks for Foreign Investors

Looming defaults of a number of Chinese private companies, including Evergrande and Suning, point to a complicated relationship with offshore creditors that may leave foreign investors without a path to recoup their investments via Chinese courts. In Anastasiia Carrier’s article “Trust Games” in The Wire China, Kobre & Kim’s Jason Kang touches on why offshore creditors face such an uphill battle and hints at possible strategies for recovery.

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Client Alert November 23, 2021

Enforcement in Dubai Just Got Easier

  • The Dubai International Financial Centre (DIFC), a gateway to enforcing judgments in the Middle East, has just seen significant barriers to enforcement removed.
  • Creditors now have a much smoother path to collect on what they are owed both in onshore Dubai and across the region.
  • Our global Claim Monetization & Dilution team unpacks how creditors can save significant time and money.

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Publications November 16, 2021

Andrew Stafford KC on Collecting Investor-State Awards in ICLG

Bilateral investment treaties (BITs) have facilitated global investment, but their value hinges on the ability to collect on a BIT award if anything goes wrong – and when the award debtor is a sovereign state, investors face unique challenges. Kobre & Kim’s Andrew Stafford KC, who has deep experience in international judgment enforcement against sovereign debtors, walk through how creditors can navigate the complexities in a chapter for International Comparative Legal Guides’ “Investor-State Arbitration 2022.”

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Publications November 12, 2021

David McGill and Benjamin Sauter in Law360: Crypto Firms Beware When Approaching U.S. Regulators

With little congressional action, U.S. financial regulators are asserting – sometimes in aggressive fashion – their authorities over the crypto industry. Kobre & Kim’s David McGill and Benjamin Sauter, both of whom regularly defend firms in the digital asset sector from government enforcement, spoke with Law360 about what the industry should expect from regulators.

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Publications November 11, 2021

Polly Wilkins on HNWI Reputation and Crisis Management for Burlingtons Group

Kobre & Kim’s Polly Wilkins, who focuses her practice on reputational issues and crisis management for ultra-high net worth individuals, shared her thoughts for the Burlingtons Group Autumn 2021 Magazine about how quickly negative news coverage can escalate, resulting in compromised international asset structures or even investigations by government authorities. 

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Publications November 9, 2021

Benjamin Sirota on DOJ’s Broad Antitrust Stance Against Penguin and Simon & Schuster Deal

The U.S. Department of Justice’s (DOJ) attempt to stop publisher Penguin Random House’s acquisition of its competitor, Simon & Schuster, advances a legal theory beyond the traditional antitrust standard. Kobre & Kim’s Benjamin Sirota, a former federal antitrust prosecutor, analyzed the lawsuit when he spoke with Bloomberg Law.

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Publications November 4, 2021

CSO Gary Singer Speaks to Reuters on Kobre & Kim’s Young Partnership

People are a law firm’s greatest asset, and the demographic makeup of a firm’s partners reveals something about their business model. Kobre & Kim Chief Strategy Officer Gary Singer sat down with Reuters to discuss what this says about Kobre & Kim.

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Publications November 2, 2021

Benjamin Sirota on the Intersection of Fraud, Antitrust and the Financial Services Industry

The U.S. Department of Justice (DOJ) has historically performed large-scale investigations into unlawful collusion in the financial services industry. In an episode of the “Our Curious Amalgam” podcast hosted by the American Bar Association, Kobre & Kim’s Benjamin Sirota explains how the DOJ’s trajectory of prosecution points to an increasing use of antitrust in financial market matters.

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Publications October 29, 2021

Benjamin Sauter on the Challenges Facing the U.S. Department of Justice’s Cryptocurrency Team

The U.S. Department of Justice (DOJ) has established a new cryptocurrency team, but it faces numerous challenges as it seeks to collaborate with the private sector. Kobre & Kim’s Benjamin Sauter, who defends clients in the cryptocurrency industry against government enforcement actions, explained when he spoke with Global Investigations Review.

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Publications October 29, 2021

Robin Rathmell to Wealth Briefing: The Pandora Papers are Part of a “Dangerous Trend”

The Pandora Papers, which were based on stolen documents provided to journalists who published the private financial affairs of hundreds of people, is part of a “dangerous trend,” Kobre & Kim’s Robin Rathmell told Wealth Briefing.

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