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Publications January 29, 2021

Andrew Lourie on Market Manipulation and the Legal Risks Facing Gamestop Traders

Reddit users’ efforts to squeeze short sellers by driving up the stock price of Gamestop has drawn the attention of regulators. Kobre & Kim’s Andrew Lourie, a former U.S. Department of Justice lawyer focused on market manipulation, analyzed what legal action may follow when he sat down with Yahoo Finance.

Publications January 28, 2021

Steven Kobre Joins Managing Partner Roundtable on Addressing COVID-19 Challenges

Kobre & Kim co-founder Steven Kobre joined the New York State Bar Association’s Managing Partner Roundtable on January 21, 2021 to discuss how law firm managing partners are combatting the multifaceted challenges posed by COVID-19. Mr. Kobre joined fellow managing partners from McGuireWoods, Steptoe & Johnson, Boies Schiller Flexner, Patterson Belknap Webb & Tyler, Ropes & Gray, Robinson & Cole and Hogan Lovells.

Client Alert January 28, 2021

Keeping Offshore Assets Offshore

Prevailing case law in BVI and Cayman has historically not allowed injunctions to be granted by the offshore courts unless there is an existing claim against the defendant within the jurisdiction of the Court granting the injunction.
Fortunately, that position has changed in the Cayman Islands and now in BVI, with claimants, including those from onshore jurisdictions such as Hong Kong and the People’s Republic of China, able to obtain “free-standing” injunctive relief in both offshore jurisdictions.
With the advent of the new law in BVI, and the continuing willingness of the Cayman Islands’ Courts to make protective orders, victims of fraud are now in a better position than they have ever been to guard against a defendant’s dissipation of its offshore assets whilst they are waiting for a judgment.

Publications January 26, 2021

Wealth Talk: Farrington Yates on Using U.S. Insolvency for Cross-Border Information Gathering

It may be surprising to learn that there can be a broad overlap between U.S. bankruptcy law and litigation involving high-net-worth individuals (HNWIs), but as Kobre & Kim’s Farrington Yates explained in the tenth episode of Kobre & Kim’s series with Family Wealth Report on global challenges facing HNWIs, the available tools can be powerful.

Publications January 25, 2021

Benjamin Sirota, Daniel Zaheer and Michael Ng on the Intersection of Antitrust and Intellectual Property

Though often perceived as opposing forces, antitrust and intellectual property (IP) law are now converging in courtrooms around the world. How can in-house and general counsel navigate cases where one must balance free competition with limited monopolies? Kobre & Kim lawyers Benjamin Sirota, Daniel Zaheer and Michael Ng, discussed the intersection of IP and antitrust with Richard Levick in the first episode of the In House Warrior podcast’s three part “Antitrust” series.

Publications January 22, 2021

Polly Wilkins Analyzes How U.S. May Extend AML Regulations into Antiquities Market in The Wall Street Journal

The U.S. Treasury Department is set to extend anti-money laundering (AML) regulations to the antiquities market. Kobre & Kim’s Polly Wilkins, who focuses on representing ultra-high-net-worth individuals in international disputes, analyzed what may happen when she sat down with The Wall Street Journal.

Publications January 14, 2021

Evelyn Sheehan Points to a Possible Boost of U.S. Sanctions Enforcement in 2021 with Global Trade Review

As companies try to predict U.S. sanctions trends in 2021 by looking at enforcement activity last year, they may be tempted to see a downward trend. However, Kobre & Kim’s Evelyn Sheehan cautions against this conclusion when she sat down with Global Trade Review.

Publications January 11, 2021

Nicholas Surmacz Evaluates New U.S. Powers to Subpoena Foreign Banks in GIR

The recent National Defense Authorization Act significantly expands the scope of foreign bank records U.S. authorities can subpoena, allowing them to track money outside the U.S., Kobre & Kim’s Nicholas Surmacz told Global Investigations Review.

Publications January 8, 2021

Wealth Talk: Carrie Tendler on Looking at Litigation Risks as a Necessary Part of Asset Structure Evaluation

For high-net-worth individuals (HNWIs), evaluating asset structures from a transactional perspective is not enough. As Kobre & Kim’s Carrie Tendler explained in the ninth episode of Kobre & Kim’s ten-part Wealth Talk series with Family Wealth Report on global challenges facing HNWIs, looking at litigation risks should be a key part of the assessment as well.

Publications January 7, 2021

Wade Weems Analyzes the Uyghur Forced Labor Prevention Act for the Anti-Corruption Report

The expected adoption of the Uyghur Forced Labor Prevention Act by the U.S. adds yet another tool in its increasingly confrontational posture against China, adding pressure to both Chinese and U.S. companies, Kobre & Kim’s Wade Weems and William Weightman wrote in the Anti-Corruption Report.

Publications January 7, 2021

Nicholas Surmacz Unpacks the New Kleptocracy Asset Recovery Rewards Act in Law360

As a new Attorney General is set to take the helm under the Biden administration, newly enacted laws provide the U.S. Department of Justice with new tools to fight foreign corruption. Kobre & Kim’s Nicholas Surmacz sat down with Law360 to analyze one of those tools.

Publications January 7, 2021

Evelyn Sheehan Explains Recent OFAC Enforcement Actions in Global Trade Review

A French bank’s settlement with the U.S. Office of Foreign Assets Control (OFAC) over sanctions breaches is “a good example of ‘bread and butter’ sanctions enforcement by OFAC,” Kobre & Kim’s Evelyn Sheehan told Global Trade Review in her analysis of the case.

Publications January 6, 2021

Sean Buckley Analyzes Sanctions Risks for U.S. Data Firm Linked to QAnon and Hamas Websites

After revelations that QAnon and 8chan conspiracy websites were hosted by a Hamas-linked firm that relies on a data center in the U.S., Kobre & Kim’s Sean Buckley spoke with investigative reporter Brian Krebs’ blog, KrebsOnSecurity, to analyze the potential legal ramifications for U.S.-based companies tied to designated terrorist organizations.

Publications January 4, 2021

David McGill on the CFTC’s Policy Agenda in 2021

With the U.S. Commodity Futures Trading Commission (CFTC) expected to come under Democratic leadership in 2021, Kobre & Kim’s David McGill told Law360 what he expects the regulator’s policy agenda to look like in the new year.

Publications January 4, 2021

Wade Weems Discusses Enduring U.S.-China Conflict Over TikTok in the South China Morning Post

Tech will remain one of the critical battlegrounds between the U.S. and China in 2021, even as a new administration is set to take office in the U.S. Kobre & Kim’s Shanghai-based Wade Weems spoke with the South China Morning Post on one of clashes that will continue into this year.

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