Insights

• As Chinese investment in Latin America grows, so do legal risks for Latin American companies.
• Cross-border strategies such as using Hong Kong arbitration, offshore insolvency tools, and targeting decision-makers can help improve outcomes in disputes with Chinese entities.

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• The U.S. Government’s latest guidance marks a renewed focus on Foreign Corrupt Practices Act (FCPA) enforcement following a temporary pause.
• Companies operating across borders should proactively assess their exposure; strengthening compliance, identifying vulnerabilities, and managing reputational risks are key to navigating this evolving landscape.

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• Chinese investors are playing an increasingly significant role in sovereign-related investments worldwide, especially in Europe, Africa, and Latin America.
• This raises enforcement challenges linked to sovereign immunity.
• Investors and claimants facing sovereign debtors should adopt bold, non-traditional strategies beyond litigation to effectively protect their interests and navigate these complexities.

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• As economic ties between Brazil and Korea deepen, Korean companies may face challenges enforcing judgments or arbitration awards against Brazilian counterparts.
• Given the complexities of Brazil’s legal system, Korean creditors should consider a multijurisdictional strategy—leveraging offshore jurisdictions and U.S. legal mechanisms—to improve enforcement outcomes and navigate the process more effectively.

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• Delaware’s Domestic Asset Protection Trusts (DAPTs) have earned the state a reputation as a premier jurisdiction for shielding assets from creditors.
• These trusts attract individuals and entities around the world seeking strong legal protections.
• While international creditors may view asset recovery efforts in Delaware as daunting, it is possible to overcome these protections with a strategic, multijurisdictional approach.

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• Chinese companies and individuals with ties to the U.S. face increasing regulatory and enforcement risks.
• The U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC) are expected to intensify their investigations and enforcement efforts
• Those potentially affected should act early and decisively to mitigate exposure, navigate emerging challenges, and safeguard commercial opportunities.

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• As private debt continues to grow rapidly as a global asset class, investors and asset managers must remain vigilant to the increasing risks that accompany this expansion.
• With deal complexity on the rise, these risks are particularly acute in cross-border, high-value credit arrangements.
• A coordinated multi-jurisdictional strategy enables creditors to secure more substantial leverage in pursuit of favorable recoveries in response to defaults. 

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• The changing business environment has exacerbated financial challenges, eroding asset values, and driven a spike in defaults. Large distressed debt positions cannot always be monetized through consensual restructurings.
• Over the past 24 months, Kobre & Kim has enforced distressed debt, including offshore US dollar bonds, valued at more than US $2 billion in jurisdictions that span Asia, the Middle East, Offshore, North America, and Latin America.
• To successfully monetize credit, it is essential to deploy strategies that leverage a combination of cross-border asset recovery in onshore and offshore jurisdictions, as well as creative out-of-court approaches to facilitate the voluntary resolution of claims.

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• A new Memorandum of Understanding (MoU) between the Dubai Courts and the Abu Dhabi Global Market (ADGM) Courts marks a significant step forward for creditors seeking to enforce claims in the UAE.
• By establishing mutual recognition of judgments and awards, the MoU brings greater clarity to a legal landscape long seen as complex and uncertain.
• In light of this progress, creditors operating in the UAE should consider proactive strategies to enhance their recovery prospects across both offshore and onshore systems.

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• Kobre & Kim has effectively supported judgment debtors navigating the financial, legal, and strategic challenges associated with adverse judgments, arbitration awards, and defaulted bonds and loans.
• By mitigating enforcement risks while minimizing the need for significant financial outlays, the firm reduced the value of claims by more than US $10 billion.
• Withstanding a proactive creditor requires a coordinated, multi-jurisdictional approach leveraging an aggressive set of cross-border tools, as our team described below.

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• The U.S. government's rapidly shifting tariff policies are further straining an already challenged sector, disrupting shipping volumes and adding instability to global supply chains.
• Individuals and businesses tied to international shipping, particularly those based in Greece and Cyprus, may face heightened exposure to these measures
• Stakeholders and their trusted advisors should consider taking proactive, precautionary measures to mitigate potential disruptions and protect their business interests.

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• Kobre & Kim won a second ruling by a New York court granting a motion for summary judgment. 
• This reaffirms bondholders’ standing to directly enforce a global note issued by Chinese property developer Glory Health without going through the bond trustee.
• The ruling removes another barrier to executing aggressive, multijurisdictional monetization strategies in defaulted bond enforcement campaigns.

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• Global public debt has surpassed US $300 trillion, providing creditors and investors in sovereign debt with new opportunities.
• Pursuing sovereign assets can be complex, time-consuming, and highly public, often involving legal battles across jurisdictions and public scrutiny.
• Adopting cross-border strategies that move beyond the traditional litigation playbook that sovereigns expect can improve recovery outcomes and shorten enforcement timelines.

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• Emerging commercial opportunities in South Korea are opening doors for investors worldwide.
• Foreign investors and trade partners continue to face significant challenges when navigating disputes with chaebols, given their dominant position and the complexities of the Korean legal landscape.
• Utilizing antitrust authorities may be one component in building an aggressive and effective strategy.

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• The U.S. Securities and Exchange Commission (SEC) has recently shifted its approach to regulating the digital asset industry.
• This change has resulted in the dismissal or suspension of several high-profile cases against major cryptocurrency businesses.
• However, this regulatory retreat does not preclude private plaintiffs from pursuing legal action.

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