Recent comments by top U.S. Department of Justice (DOJ) officials seem to signal an emphasis on leniency programs for companies cooperating on corruption and bribery investigations.
However, non-U.S. companies should not let their guard down – the DOJ continues to stretch the bounds of its jurisdiction to aggressively prosecute companies beyond the U.S.
We unpack counteroffensive strategies at-risk companies should consider to stand up to DOJ overreach and drive successful outcomes.
The tumultuous power transfer in Brazil has sparked investigations into the new administration’s political opponents.
This is an example of a larger global trend where regime change may result in politically motivated investigations, threatening a politically exposed person’s liberty, reputation and assets.
Our team walks through proactive steps those at risk can take to protect themselves.
The U.S. Department of Justice’s (DOJ) new pilot program incentivizing companies under investigation to claw back compensation from culpable employees and supervisors attempts to shift the burden of corporate wrongdoing from shareholders to those directly responsible. However, as Kobre & Kim’s Evelyn Sheehan – who focuses on asset forfeiture and other government enforcement actions – told Anti-Corruption Report, the program offloads the government’s burden onto companies and adds to the challenges they face.
Cryptocurrency scams are on the rise. As more victims are losing money, they are finding that – even though transactions are preserved on a public ledger – the cross-border nature of the asset and the underdeveloped global regulatory landscape make recovery often very difficult, and scammers will continue to take advantage. Kobre & Kim’s Calvin Koo, who focuses on global tracing and recovery of digital assets, spoke to DL News about these trends.
The Cayman Islands is a key offshore jurisdiction for judgment creditors in cross-border enforcement campaigns. Kobre & Kim’s Cayman-based Jalil Asif KC, Peter Tyers-Smith and Ilona Groark detailed the main insights in the jurisdiction for creditors in a chapter of International Comparative Legal Guide’s “Enforcement of Foreign Judgments 2023.”
As a key economic center in the region, the United Arab Emirates (UAE) is increasingly the place where many international creditors go as they pursue their debtor’s assets.
However, some recalcitrant debtors may try to transfer their assets away to avoid payment in a fraudulent transfer.
Our team explores what strategies are available in the UAE to restore a creditor’s interests.
Judgment and award debtors often hold assets in offshore jurisdictions such as the BVI – but these places are notoriously creditor- and enforcement-friendly.
When cornered by a creditor, debtors often find few – if any – legal avenues to challenge the claim against them.
However, a recent Kobre & Kim victory in the BVI demonstrates that, through deep familiarity of and ability to connect both offshore and foreign law, debtors can defy conventional wisdom and succeed.
Debtor-friendly Delaware has strong asset protection laws that make it a destination of choice for global entities and individuals looking to hold their assets in a trust.
This creates a headache for international creditors – recovering assets in a Delaware trust can seem like an insurmountable challenge.
By adopting a creative, aggressive and multijurisdictional strategy, however, creditors can crack even Delaware’s notoriously tough trusts.
In Chapter 11 bankruptcy cases where the chances of recovery seem slim, global unsecured creditors may have to get creative and look outside the U.S. to improve their prospects.
Assets in the People’s Republic of China (PRC) – the world’s second largest economy – offers a surprising source of asset recovery opportunities.
We explain how creditors can unlock value in China and maximize their recovery.
Coming amid uncertainty for renewable investors and a global legal debate in the wake of the Court of Justice of the European Union’s (CJEU) Achmea and Komstroy decisions, the UK High Court rejected the European Commission’s attempt to intervene in two renewable energy investors’ US $101 million arbitral award enforcement case against Spain in a win for the investors. The Financial Times and Law360 quoted Kobre & Kim’s Nick Cherryman, who represents the lead award in this dispute, on the development.
Reputation is both a highly valuable and sensitive asset for ultra-high net worth individuals (UHNWIs), and is constantly at risk.
A strategically placed narrative aimed at undermining an individual’s commercial or political objectives can “snowball” to impact many aspects of their personal and professional lives.
We explain how defensive and proactive strategies can be deployed to defend an UHNWI’s reputation, demonstrate their source of wealth and protect their freedom of movement around the world.
The trend away from billable hours as the way law firms charge clients may be accelerating. Kobre & Kim’s Managing Director of Underwriting and Value Optimization Alan Guy, who underwrites, negotiates and manages litigation finance and alternative fee arrangements, sat down with LexisNexis to explore the changes.
