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Publications March 29, 2022

Jason Short on Scope and Risks of New Whistleblower Program Aiding Sanctions Against Russia

The U.S. Department of Treasury launched a new whistleblower program for information leading to the seizure of stolen assets linked to foreign government corruption, just in time to join global sanctions efforts against Russian oligarchs. Kobre & Kim’s Jason Short, who represents high-net-worth individuals in asset forfeiture proceedings and sanctions enforcement, spoke to USA Today on the program’s scope – as well as its risks and limitations.

Client Alert March 28, 2022

Maximizing Recovery Against a Sanctioned Sovereign

Prices of Russian and other sovereign debt are falling as their economies buckle, presenting both opportunities and challenges for investors.
Enforcing the debt against sovereign entities is already difficult, more so when sanctions are involved.
As our Claim Monetization & Dilution team explains, non-traditional strategies may go further in putting maximum pressure on sovereigns and maximizing returns.

Publications March 8, 2022

Evelyn Sheehan Contrasts U.S. Sanctions and Asset Seizures Against Russian Oligarchs on NPR’s Planet Money

The Russian invasion of Ukraine has led the United States and its allies to sanction Russian oligarchs and seize their yachts, condos and other assets. Kobre & Kim’s Evelyn Sheehan, a former U.S. federal prosecutor who led asset forfeiture efforts from South Florida, sat down with NPR’s “Planet Money” to explain the difference between sanctions and asset seizures, and to offer a word of caution against ensnaring innocent third parties.

Publications March 4, 2022

David McGill on Growing Uncertainty for Crypto Industry Amid U.S. “Regulatory Scrum”

Even as the cryptocurrency and digital asset industry continues to grow, a vast regulatory gulf persists even in the U.S., and the uncertainty this creates is only set to intensify. Kobre & Kim’s David McGill, who represents clients in the finance and crypto industries against government enforcement, explains when he spoke with Orbit TRC.

Publications February 28, 2022

Miranda Ching, Robin Rathmell, Edward Smith, Polly Wilkins in WealthBriefing: UK Supreme Court Confirms HNWI Privacy Rights

A recent landmark UK Supreme Court ruling confirms a reasonable expectation of privacy for individuals who are under criminal investigation but have not been charged. Kobre & Kim’s Miranda Ching, Robin Rathmell, Edward Smith and Polly Wilkins – part of the International Private Client team in London – write in WealthBriefing what the implications of this ruling are for high-net-worth individuals (HNWIs) sensitive to press intrusion.

Publications February 11, 2022

Michael Kim, Daniel Lee and Nathan Park: Legal Status of NFTs in Korea is Unclear

With the country’s strength in technology and pop culture, South Korea is seeing a rise in popularity of non-fungible tokens (NFTs). From tech and financial companies to K-pop agencies and Korean drama and video game producers, more industries are laying the groundwork for an NFT boom. However, as Michael Kim, Daniel Lee and Nathan Park explained in an article for Asia Business Law Review, the legal status of NFTs in Korea remains ambiguous.

Publications February 9, 2022

Martin De Luca Interviewed on U.S. Criminal Justice Process by Brazilian TV Show Domingo Espetacular

In a Portuguese TV interview with Brazilian news program Domingo Espetacular, Kobre & Kim’s Martin De Luca – the only former U.S. prosecutor in Brazil – introduced the U.S. criminal investigation and prosecution process to the show, which airs Sunday evenings.

Publications February 3, 2022

Wade Weems to the Anti-Corruption Report: Expect More Compliance Monitors Under Biden Administration

In her eponymous Monaco Memo, U.S. Deputy Attorney General Lisa Monaco announced a number of changes to DOJ policies, including how the Biden administration will weigh the costs and benefits of imposing a corporate monitor. Speaking with the Anti-Corruption Report, Kobre & Kim’s Wade Weems outlined expectations for an increase in the use of monitorships.

Publications January 27, 2022

Benjamin Sirota Previews U.S. Antitrust Regulatory Scrutiny of Microsoft-Activision Deal

Microsoft has escaped scrutiny from U.S. legislators and antitrust regulators in recent years, even as pressure builds for other Big Tech companies, but the firm’s bid to acquire video game giant Activision Blizzard may put it back on the radar. Kobre & Kim’s Benjamin Sirota, a former U.S. federal antitrust prosecutor, previews what regulators might look for when he spoke with Quartz.

Publications January 27, 2022

David McGill to Reuters: SEC’s Proposed Private Fund Disclosure Rules Invite More Government Investigations

The U.S. Securities and Exchange Commission (SEC) is ramping up scrutiny of private funds as it proposes new rules increasing disclosures to the agency. Kobre & Kim’s David McGill, who regularly represents hedge funds and traders against government enforcement actions, looked at the potential consequences of the rule change when he spoke with Reuters.

Publications January 26, 2022

Scott Hulsey on Effects of U.S. DOJ “Monaco Memo” on Corporate Investigations in The Anti-Corruption Report

Recent U.S. Department of Justice (DOJ) policy changes announced by Deputy Attorney General Lisa Monaco in the “Monaco Memo” indicate a redoubled focus on investigating and prosecuting individuals for white-collar crime and corporate corruption. But corporations should not expect a free pass, former U.S. federal prosecutor Scott Hulsey told the Anti-Corruption Report.

Publications January 26, 2022

Michael Kim on CM Murray Podcast: How Founders Can Institute Long-Term Commercial Success for Their Law Firms

From the firm’s goals and unique business model to the firm’s strategy and his end game, Kobre & Kim co-founder Michael Kim shared his experiences in founding and building a law firm from scratch when he sat down with CM Murray Managing Partner Clare Murray on their podcast series, Law Firm Founder Conversations.

Client Alert January 26, 2022

Looking to Enforce a PRC “Keepwell Agreement”? Look Outside the PRC

Mainland China is undergoing a wave of credit defaults, and creditors should use every tool available to maximize recovery.
Keepwell agreements, a promise by a PRC onshore parent company to maintain an offshore debt issuer’s solvency, is one option for overseas enforcement.
Creditors can use them to launch a multijurisdictional recovery campaign to drive up pressure on the debtor and reach a near-term settlement.

Client Alert January 24, 2022

U.S., Korea Antitrust Enforcers on Watch for Bid-Rigging in USFK Defense Contracts

South Korea and U.S. antitrust regulators are increasing collaboration in cross-border matters, with the Biden administration gearing up enforcement.
Potential targets include South Korean companies that conduct business with the U.S. Forces Korea (USFK).
Our team explains why an aggressive, multi-jurisdictional defense is necessary to mitigate the risks

Publications January 12, 2022

Benjamin Sauter and David McGill: Crypto Traders Should Challenge the CFTC’s Enforcement Authority

Even as the U.S. Commodity Futures Trading Commission (CFTC) has relentlessly (and successfully) pursued enforcement actions in cryptocurrency markets, its jurisdictional authority is actually on shaky grounds. Kobre & Kim’s Benjamin Sauter and David McGill explain in an article for Forkast News.

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