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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Publications October 27, 2021

Benjamin Sirota Examines Possible Antitrust Enforcement Against Amazon by New FTC Chair Lina Khan

With the appointment of legal scholar Lina Khan as chair of the U.S. Federal Trade Commission (FTC), the agency will likely bring antitrust action against Amazon – but how aggressive will it be? Kobre & Kim’s Benjamin Sirota, a former U.S. federal antitrust prosecutor, shared his thoughts when he sat down with Fast Company.

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Publications October 22, 2021

John Han to Reuters: Evergrande’s Eleventh-Hour Payment Only Shows They Are “Not Yet Ready for the House to Come Down”

Though China Evergrande Group, the heavily indebted Chinese real estate developer, made a US $84 million interest payment to its offshore bondholders just shy of the end of a grace period, the move has not allayed investor anxieties. Kobre & Kim’s Hong Kong-based John Han, who focuses on monetization of Greater China-based distressed debt, spoke to Reuters about what the payment means and how it falls short.

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Publications October 18, 2021

Andrew Stafford KC and James Chapman-Booth: The English Tort of Conversion is Falling Behind the Digital Age

Though much of English law has developed to adapt to the rise of digital assets, the tort of conversion has not followed, depriving claimants of a tool to recoup losses from third parties. Kobre & Kim’s Andrew Stafford KC and James Chapman-Booth explained the shortfall in an article for New Law Journal

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Client Alert October 15, 2021

Traders Should Stop Running from Risk in CFTC Investigations

  • The U.S. Commodity Futures Trading Commission (CFTC) has quietly increased scrutiny of digital currency markets, focusing on spoofing.
  • Successful traders normally do not run from risk in their trading activities, yet they often do exactly that in the face of unfamiliar regulatory risks, leading to worse outcomes.
  • Targets of regulatory enforcement should therefore consider a range of aggressive measures before responding to inquiries from enforcement authorities.

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Publications October 8, 2021

Adriana Riviere-Badell and Alexandria Swette Explore the Future of Telehealth Payment Parity in Law360

The pandemic has led U.S. federal and state governments to increase telehealth services' accessibility and economic feasibility, including through payment parity. However, the long-term durability of parity remains uncertain, and increased enforcement against telehealth fraud has fueled further uncertainty for providers and patients, Kobre & Kim's Adriana Riviere-Badell and Alexandria Swette wrote in Law360.

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Publications October 6, 2021

Benjamin Sirota on Jonathan Kanter's Nomination to Head DOJ Antitrust Division in CQ Roll Call

Jonathan Kanter, the nominee to head the U.S. Department of Justice's Antitrust Division, is set to face his Senate nomination hearing. Kobre & Kim's Benjamin Sirota, a former federal prosecutor in the division, shared his thoughts with CQ Roll Call on Mr. Kanter's potential tenure.

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Publications October 6, 2021

Andrew Stafford KC and Evelyn Sheehan Ask “Who Owns a Bribe?” in ICLG Expert Analysis Chapter

A typical instance of bribery occurs when an officer of a company bribes an official or politician. But who is the victim here – the company, whose assets were misappropriated, or the state, whose official abused his power? In English common law jurisdictions, the answer decides who receives any recovered assets, as Kobre & Kim’s Andrew Stafford KC and Evelyn Sheehan wrote in an analysis for International Comparative Legal Guides’ “Business Crime 2022.”

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Publications September 30, 2021

John Han Discusses APAC Non-Performing Loans in Global NPL Conference Virtual Panel

Moody’s estimates that non-performing loans (NPLs) across 14 APAC economies will double by 2022, including in China and India. What opportunities does this present to investors? Kobre & Kim’s John Han, who focuses on distressed debt in Asia Pacific, will discuss during a virtual panel at the 3rd Global NPL Conference at 10:30 am Berlin time / 9:30 am London time / 4:30 pm Hong Kong time, October 5, 2021.

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Publications September 29, 2021

William McGovern Talks to Foreign Policy on Meng Wanzhou Deferred Prosecution Agreement with DOJ

With the signing of a deferred prosecution agreement with the U.S. Department of Justice, Huawei CFO Meng Wanzhou was able to leave Canada, where she was held pending extradition to the United States. Kobre & Kim’s William McGovern, a former prosecutor focused on government enforcement matters with a nexus to Asia, offered his analysis of the case when he sat down with Foreign Policy.

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