Insights | Kobre & Kim — Disputes and Investigations

Client Alert November 22, 2023

New U.S. DOJ “Safe Harbor” Provisions May Not Be So Safe for Non-U.S. Companies

The U.S. Department of Justice announced a new policy promising companies leniency if they report uncovered misconduct within six months of a merger or acquisition.
Though this may at first appear to be “good news,” it demonstrates the DOJ’s increasing aggressiveness to companies – including non-U.S. companies – that did not commit any wrongdoing.
We look at why companies should be wary of cooperation, and how they can approach the DOJ more prudently.

Client Alert November 16, 2023

Immediate Global Crisis Management Essential For Targets of Large-Scale Crypto Fraud

Speed is critical for targets of large-scale cryptocurrency fraud or cyber-attacks.
The borderless and pseudonymous nature of cryptocurrencies means stolen assets can be quickly dispersed around the world.
Targets should deploy a speedy, global response, combined with non-traditional approaches, to increase the chances of a substantial recovery.

Client Alert November 9, 2023

Middle Eastern Investors Have Options to Protect Their Investments in China

Investments from the Middle East into Mainland China are growing recently as many see increasing opportunities for returns.
However, there are risks that may materialize if investors become embroiled in a global dispute with Chinese companies.
Investors should consider ways to increase their leverage and expand their options, including by bringing disputes directly into China through Hong Kong.

Publications November 6, 2023

Kobre & Kim Expands in Brazil as Insolvency Work Grows: Law.com International

With a boom in insolvency and restructuring work in Brazil in the aftermath of the pandemic, as well as an inflow of capital into the region to secure commodities and infrastructure projects, Kobre & Kim has expanded its Brazil-based team to reinforce the firm’s local presence, Law.com International reported.

Client Alert November 1, 2023

Responding to U.S. DOJ Actions Against Latin American Individuals

The U.S. Department of Justice is continuing to extend its long arm jurisdiction into aggressively scrutinizing individuals in Latin America.
Many targets may become embroiled in what can be overstated allegations, threatening their assets, liberty and reputation.
Targets need to work with cross-border counsel knowledgeable in the DOJ’s tactics to push back as early as possible.

Client Alert October 26, 2023

International Creditors Can Crack Delaware's Notoriously Tough Trusts

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.

Client Alert October 19, 2023

Mitigating Sanctions Risks For Individuals and Their Cyprus-Based Assets

As governments increasingly use sanctions as a geopolitical tool, ultra-high-net-worth individuals – including those with connections to Cyprus – are at risk.
Cypriot officials and financial institutions have already taken steps to target certain individuals, even those who are not sanctioned.
We explain pre-emptive steps at-risk individuals and their advisors can take to mitigate the risks and protect themselves.

Client Alert October 12, 2023

Cross-Border Strategies to Accelerate Non-Performing Loans Recoveries in Korea

Korean banks are holding an increasing amount of non-performing loans, putting their financial health at risk.
For many with large portfolios exposed to cross-border unsecured debt and loans to high-yield borrowers, sale and write downs may not be optimal.
A cross-border strategy to monetize their claims could offer a superior alternative.

Client Alert October 5, 2023

Powerful Option for Creditors Enforcing Judgments from Common Law Courts in the United Arab Emirates

It is commonly assumed that it is difficult and impractical to enforcement judgments in the United Arab Emirates.
However, this is increasingly untrue – even when no bilateral enforcement treaty exists, creditors can obtain recognition of their common law judgments.
A recent Kobre & Kim case shows how that can happen.

Publications October 4, 2023

John Han Discusses Evergrande with the Wall Street Journal

Embattled Chinese real estate developer Evergrande is in dire straits after parts of its proposed turnaround plan were blocked by China's regulators. Market observers are left wondering what this could mean for other similarly troubled real estate companies in China, such as Country Garden, that are currently navigating a turbulent housing crisis in the world's second-largest economy. Kobre & Kim's John Han, who focuses on cross-border monetization of distressed assets, sat down with The Wall Street Journal to discuss what might be next for the property giant and other Chinese real estate companies.

Client Alert September 28, 2023

Crypto Parties Can Stand Up to Regulatory Overreach

U.S. regulators are aggressively stretching the bounds of their jurisdiction over the cryptocurrency and digital asset space.
This puts exchanges, founders, investors and other parties at risk of increased uncertainty and risk of investigation and enforcement.
Deference may not earn targets leniency – instead, as a recent Kobre & Kim settlement shows, standing up to the regulators can pay dividends.

Client Alert September 21, 2023

Risk Rises for Korean Companies as U.S. Pursues More Aggressive Antitrust Enforcement

Aggressive antitrust enforcement is a priority for the U.S., both at home and abroad.
Korean companies are on the radar, particularly with alleged procurement fraud, putting them at risk of massive fines and multijurisdictional investigations.
We explain the risks and responses Korean companies should consider.

Client Alert September 14, 2023

Cross-Border Strategies for Maximizing Returns Against Sovereign Debtors

More investors are taking their disputes against sovereign states and entities to arbitration and judicial forums.
However, demanding payment of a defaulted debt, judgment or award does not always lead to the sovereign paying up.
We explore aggressive non-traditional strategies investors should deploy to ensure a sovereign debtor agrees to a settlement.

Publications September 8, 2023

John Han to The Wall Street Journal: Country Garden Creditors Could Target Overseas Assets

Although the Chinese property developer Country Garden narrowly avoided default in early September, its ongoing financial distress is causing mounting concern among its creditors, especially those holding offshore bonds. A mostly empty megaproject in Malaysia could offer them up to US $1.5 billion in recovery, Kobre & Kim’s John Han – who focuses on large-scale, cross-border monetization of distressed assets – told The Wall Street Journal.

Client Alert September 7, 2023

Defensive and Counteroffensive Strategies in Delaware for Business Disputes that Turn Personal

Cross-border disputes involving ultra-high-net-worth individuals (UHNWIs) can often turn personal.
Commercial counterparties may try to make the UHNWI individually liable, putting their personal assets at risk.
However, if there is a connection to Delaware, UHNWIs can leverage the favorable tools available in the jurisdiction to resolve disputes in their favor.