Insights | Kobre & Kim — Disputes and Investigations

PRC Continues to Open Up in Recognizing Foreign Claims

A Chinese court recently recognized a commercial judgment issued by the English High Court in a landmark judgment.
China has also made it easier for Hong Kong arbitrations to be recognized and enforced in China, as well as opening the door to interim measures.
Our Claim Monetization team analyzes what these developments mean to foreign judgment and award creditors looking for opportunities in a historically tricky jurisdiction.

Publications July 22, 2022

Jason Kang, Jian Wu and Chang Liu Share Creative Monetization Strategies of Chinese Issuer USD Bonds with JunHe

Many major Chinese enterprises have been issuing bonds in US dollars in the offshore bond market. While debtors are often able to discriminate against foreign bond holders, rising investor activism has increased the need for creative monetization strategies to generate value even from the most recalcitrant debtors. In a Chinese article, Kobre & Kim’s Shanghai-based Jason Kang, Jian Wu and Chang Liu write in collaboration with Chinese law firm JunHe about how these strategies have led to success on the ground.

Publications July 21, 2022

Jason Kang Speaks with South China Morning Post on US $255 Million Chinese Debt Enforcement Win

In a victory for creditors represented by Kobre & Kim, the Hong Kong High Court found Steven Zhang, president of Inter Milan and son of the founder of Chinese e-commerce retailer Suning, liable for US $255 million in a landmark verdict. Kobre & Kim’s Jason Kang, who argued the case with Francesca Ip, commented to South China Morning Post (SCMP) about the judgment.

Publications July 20, 2022

Daniel Saval in Law360: Crypto Funds Recovery May Be Difficult

In the recent wave of cryptocurrency platform Chapter 11 bankruptcies, the question facing litigators, the platforms and their customers is who owns cryptocurrency held by bankrupt trading and investing platforms? Kobre & Kim’s Daniel Saval offered his insights to Law360.

Publications July 20, 2022

Daniel Saval Unpacks Crypto Bankruptcy with CNBC.com

It is not clear yet what will happen in response to the several cryptocurrency firms that have filed for bankruptcy this month, an event that is unprecedented in the U.S. Kobre & Kim’s Daniel Saval sat down with CNBC.com to explain what may happen to users of these firms.

Publications July 20, 2022

Daniel Saval on Crypto Property Rights with Fortune

The sudden bankruptcies of Celsius and Voyager, two large cryptocurrency platforms, left customers scrambling after the platforms claimed that the crypto deposits they held were corporate assets the firms can use to pay off larger creditors rather than belonging to the customers. Kobre & Kim’s Daniel Saval explained to Fortune why it may be difficult for customers to establish a property right to their assets.

Publications July 19, 2022

Alan Guy on Alternate Fee Arrangements with Legal Dive

Although alternative fee arrangements are growing in popularity and sophistication, they still face institutional obstacles to wider adoption. Matching the fee to the work is seen as difficult, so many departments stick to the familiar billable hour. Kobre & Kim’s Alan Guy sat down with Legal Dive to explain why.

Publications July 8, 2022

Daniel Saval on Crypto Funds Recovery with MarketWatch

Several crypto companies have been reported to be in distress over the past few weeks, including Celsius, Babel Finance and CoinFlex, with digital asset broker Voyager filing for bankruptcy this week. Kobre & Kim’s Daniel Saval, who focuses on the intersection of digital currency and insolvency, sat down with MarketWatch to explain what this means for customers.

Publications July 7, 2022

Daniel Saval on Crypto Bankruptcies

In a U.S. Securities and Exchange Commission (SEC) filing a few months ago, Coinbase warned that customers could lose their crypto assets if the exchange went bankrupt. Voyager’s bankruptcy filing this week will test the question raised by Coinbase’s warning: what will happen to customers’ crypto if the company holding it goes under? Kobre & Kim’s Daniel Saval provides his insight in a Protocol FinTech newsletter.

Publications June 30, 2022

Gabriela Ruiz, Martin De Luca and Scott Nielson on Deploying U.S. Discovery in Brazil

For litigants and parties in Brazil, the broad scope of U.S. discovery may come as a surprise. Even though the U.S. Supreme Court recently foreclosed Section 1782 discovery when the sole foreign proceeding involved is a private international arbitration, there are still ways Brazilian litigants can leverage U.S. discovery opportunities, as Kobre & Kim’s Gabriela Ruiz, Martin De Luca and Scott Nielson explain in an article for Law360.

Kobre & Kim Helps PRC Clients Enforce US $171M Award in BVI

Many parties, especially those based in Asia Pacific, soon discover that a recalcitrant debtor can frustrate enforcement of a hard-won arbitration award.
In cross-border enforcement campaigns, the debtor may throw up obscure legal challenges to cause delays and distraction.
A recent Kobre & Kim victory demonstrates how, through quick and strategic action, these distractions can be defeated and pressure can be maintained on the debtor.

Publications June 8, 2022

Alexandria Swette and Lara Levinson Explore Headwinds in the U.S. Art Market in Citywealth Magazine

Undeterred by the pandemic, the U.S. art market is still going strong, but market participants should not let their guard down. Art fraud continues to be an issue, and fresh headwinds caused by increased regulatory scrutiny – both in the U.S. and abroad – and by the rise of digital art and non-fungible tokens (NFTs) means continued vigilance is advised, Kobre & Kim’s Alexandria Swette and Lara Levinson explained when they sat down with Citywealth.

Publications May 18, 2022

Jason Kang, Chang Liu, Kairu Huang in Caijing: Chinese Companies Should Take Note of the Poison Pill

The implementation of a poison pill by Twitter’s board of directors in response to Elon Musk’s acquisition may have increased the final offer accepted by the board by up to US $1 billion, demonstrating the effectiveness of this measure at empowering the board. As Kobre & Kim’s Greater China-based lawyers Jason Kang and Chang Liu – together with analyst Kairu Huang – wrote in Caijing, Chinese companies can gain much from poison pills in corporate disputes.

The Differences Between UK and EU Russian Sanctions

The United Kingdom and the European Union are two critical jurisdictions that have implemented influential sanctions regimes against Russian entities.
Given the UK’s departure from the EU, key differences exist that outside stakeholders must be attuned to.
Learn the subtle yet consequential details in this reference guide, put together by Kobre & Kim’s International Private Client team.

Publications May 4, 2022

Evelyn Sheehan and Carolina Leung Unpack Shifts in the U.S. DOJ’s Prosecutorial Reach of Foreign Defendants in The Anti-Corruption Report

Recent U.S. federal court decisions have reeled back the extraterritorial jurisdiction of the U.S. Department of Justice (DOJ), expanding due process rights and defenses for foreign defendants. Kobre & Kim’s Evelyn Sheehan and Carolina Leung unpack what this means in an article for The Anti-Corruption Report.