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Publications April 23, 2021

Benjamin Sirota Discusses U.S. Supreme Court Ruling Against the U.S. Federal Trade Commission

In a recent opinion, the U.S. Supreme Court unanimously ruled that the U.S. Federal Trade Commission (FTC) does not have the authority to directly seek monetary relief. Kobre & Kim’s Benjamin Sirota sat down with Global Competition Review to comment on one notable aspect of the court’s opinion.

Publications April 22, 2021

Former DOJ Prosecutor Michael Sherwin Discusses Move to Kobre & Kim with Law360

In a recent interview with Law360 marking his start at the firm, Kobre & Kim’s Michael Sherwin, a former top U.S. Department of Justice (DOJ) prosecutor, explained the reasons for his move to private practice from prosecution to defense, as well as the global trends this move allows him to capitalize on.

Publications April 21, 2021

Benjamin Sauter, Jonathan Cogan and Lydia Halpern on Standing Up to the CFTC’s Wash Trading Theories in Traders Magazine

The U.S. Commodity Futures Trading Commission (CFTC) has a reputation of overreach, asserting aggressive legal theories in hopes of bulldozing companies into submission. Their target now is on wash trading but, as Kobre & Kim’s Benjamin Sauter, Jonathan Cogan and Lydia Halpern write in Traders Magazine, their theories are just as dubious as before, and traders should not be afraid to push back.

Publications April 14, 2021

Evelyn Sheehan and Amanda Tuminelli Pen Article on the New U.S. Administration’s Anti-Corruption Efforts in Latin America

With the new U.S. administration expected to double down on anti-corruption enforcement efforts, and with recent legislation providing them new tools to do so, high-net-worth individuals (HNWIs) in Latin America are likely to be the focus of scrutiny. Kobre & Kim’s Evelyn Sheehan and Amanda Tuminelli examine the impending risks in an article for the Anti-Corruption Report.

Publications April 14, 2021

Bill McGovern on New SEC Chair Gary Gensler’s Potentially “Historic” Leadership

With the U.S. Senate confirming Gary Gensler as chair of the U.S. Securities and Exchange Commission (SEC), Kobre & Kim’s Bill McGovern, a former SEC branch chief, sat down with Compliance Week to explore how Gensler will lead the agency.

Publications April 8, 2021

Scott Hulsey and William McGovern Survey U.S. Corporate Fraud and Corruption Enforcement Trends in Q&A

In a Q&A for Financier Worldwide, Kobre & Kim’s Scott Hulsey and William McGovern examined the latest trends in U.S. corporate fraud and corruption enforcement.

Client Alert March 12, 2021

Don't Stand Passive Against Anti-Competitive Behavior: U.S. Court Endorses Private Sector Antitrust Tools

Companies often believe that the only remedy for anti-competitive behavior comes from government intervention.
However, as a recent U.S. appeals court decision illustrates, private parties can obtain relief themselves, even against “consummated” mergers approved by government regulators.
This creative strategy is just one of many that companies can deploy by themselves when facing competitive challenges.

Publications March 10, 2021

Benjamin Sirota and David McGill on Antitrust and Financial Services in Part 3 of Antitrust Podcast Series

Financial services institutions often focus on the actions of enforcers like the Securities and Exchange Commission and the Commodity Futures Trading Commission in assessing their exposure. And rightly so. What they may fail to consider, however, are the antitrust risks of their business dealings, particularly as government enforcement agencies and private parties increasingly employ antitrust perspectives.

Publications March 10, 2021

Michael Ng Discusses Intel’s $2.2B Patent Judgment With Chinese Media 21CBR

Last week, a federal jury in Texas returned US $2.18 billion verdict against semiconductor giant Intel for infringement of two semiconductor patents. In an interview with Chinese magazine 21st Century Business Review (21CBR), Kobre & Kim intellectual property litigator Michael Ng shared his thoughts on the case.

Publications March 10, 2021

John Han, Merrick Watson and Timothy de Swardt Unpack Their “Groundbreaking” BVI Judgment in Global Restructuring Review

In a groundbreaking judgment obtained by Kobre & Kim, the BVI Commercial Court for the first time made a committal order against a personal defendant residing outside of the British Virgin Islands for failing to appear at a hearing. With their colleague John Han, Kobre & Kim’s Merrick Watson and Timothy de Swardt, who obtained the ruling, explained the significance of the judgment in an article for Global Restructuring Review.

Client Alert March 3, 2021

The Corporate Transparency Act: Is it Actually Helpful for Private Parties?

The U.S. Corporate Transparency Act (CTA), part of the recently-passed National Defense Authorization Act (NDAA), has broken new ground by requiring beneficial owners of U.S. corporate entities to register with U.S. government authorities.
While the CTA appears to shut out private parties – such as creditors and victims of fraud – from accessing such information, there may be potential creative ways to work around this roadblock, bringing creditors one step closer to a substantial recovery of their assets.
Nevertheless, creative creditors and their counsel might be able to obtain this information through certain channels to cut off escape routes for debtors and fraudsters, and obtain more complete recoveries.

Publications March 2, 2021

Calvin Koo Pens Article in Wealth Briefing Asia on the Legal Risks for Asia-Pacific Investors Interested in Bitcoin

Bitcoin’s rise in price has coincided with its rise in attractiveness for a growing number of investors, including ultra-high-net-worth individuals (UHNWIs). However, UHNWIs and their advisers should be wary of potential legal exposure as legal regimes are evolving around the world, including in Asia-Pacific, Kobre & Kim’s Calvin Koo writes in Wealth Briefing Asia.

Publications March 2, 2021

Benjamin Sauter Speaks with Cointelegraph on U.S. State vs Federal Digital Currency Regulation

Days before New York reached a settlement with digital currency trading platform Bitfinex after a long investigation, Ripple Labs registered as a business in Wyoming, underscoring the Swiss-cheese state of U.S. digital currency regulation and Wyoming’s effort to become the country’s digital currency center. Kobre & Kim’s Benjamin Sauter analyzed the current regulatory framework when he sat down with Cointelegraph.

Publications March 2, 2021

Sean Buckley and Amanda Tuminelli on Pretrial Release Strategies for Wealthy Defendants in Law360

Ghislaine Maxwell became the latest in a string of defendants held in pretrial detention in part because of her significant financial resources. With home confinement being more comfortable and allowing easier coordination with counsel, what can wealthy defendants do to make pretrial release more likely? Kobre & Kim’s Sean Buckley and Amanda Tuminelli explain in an article for Law360.

Publications March 2, 2021

Kobre & Kim Lawyers in CoinDesk Op-Ed: The Dangers of Calling the GameStop Rally “Market Manipulation”

The rise and fall of GameStop, Dogecoin and other meme stocks have left day traders and institutional investors angrily accusing each other of market manipulation. However, as Kobre & Kim’s Benjamin Sauter, Steven Perlstein, William McGovern and David McGill explained in an op-ed for CoinDesk, both sides may come to regret this shortsighted argument.

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