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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.

Publications December 22, 2020

Wealth Talk: Jonathan Cogan on Opportunities and Risks from Utilizing U.S. Courts in Joint Venture Disputes

In the eighth episode of Kobre & Kim’s ten-part Wealth Talk series with Family Wealth Report on global challenges facing high-net-worth individuals (HNWIs) and their advisers, Kobre & Kim’s Jonathan Cogan, who focuses on financial, joint venture and partnership disputes, examined the power of utilizing U.S. courts in foreign business disputes.

Publications December 15, 2020

Tim Haynes, John Han and Jason Kang Dispel Myths on Enforcing Chinese Judgments and Awards Overseas in Caixin

As the recent case of Jia Yueting demonstrates, the commonly shared idea among Chinese companies that Chinese court judgments and arbitral awards cannot be enforced outside China, particularly in offshore jurisdictions, is a misconception. Kobre & Kim’s Tim Haynes, John Han and Jason Kang explain in an article for the Chinese investigative media Caixin.

Publications December 11, 2020

John Han, Su Mien Tee and Francesca Ip Analyze Implications of Recent Hong Kong Ruling on Challenging and Enforcing Awards in GAR

A recent decision by a Hong Kong court demonstrates the importance of the initial decision by both arbitral award creditors and debtors of where and when to enforce or challenge an award, Kobre & Kim’s Hong Kong-based lawyers John Han, Su Mien Tee and Francesca Ip, along with patent attorney Dr. Marc Labgold, wrote in an article for Global Arbitration Review.

Publications December 8, 2020

Wealth Talk: Nicholas Surmacz on Investigations and Extradition Risks Facing African HNWIs

In the seventh episode of Kobre & Kim’s ten-part Wealth Talk series with Family Wealth Report on the global challenges facing high-net-worth individuals (HNWIs) and their advisers, Kobre & Kim’s Nicholas Surmacz, who focuses on investigations and enforcement related to EMEA, examined the investigation and extradition risks for HNWIs from Africa with Robin Rathmell.

Client Alert December 8, 2020

India-Based Debtors Can Face Off Against Global Lenders

When a debt comes due, standing up to a global institutional lender can seem daunting for Indian debtors, especially if disputes scatter overseas.
Regardless of whether a lender feels generous or not, however, there are steps debtors can take to increase their leverage and fortify their defenses.
These include fighting for better terms, buying more time and holding lenders accountable.

Publications November 30, 2020

Wade Weems and Calvin Koo Look at the First Few Months of Hong Kong’s National Security Law in China Business Review

Five months since the promulgation of the Hong Kong national security law, legal and commercial uncertainty for U.S. businesses in the territory is still high. As most international companies continue a “wait and see” approach, Kobre & Kim’s Wade Weems and Calvin Koo examine the current and coming risks facing them in an article for the U.S. China Business Council’s China Business Review.

Publications November 30, 2020

Robin Baik and Daniel Lee Explain Securities Investigations in Korea for GIR

Writing in a chapter of Global Investigation Review’s “Securities & Related Investigations Know-How,” Kobre & Kim’s Robin Baik and Daniel Lee, both based in Seoul, took a deep dive into the landscape of securities and financial investigations in Korea.

Publications November 30, 2020

Wealth Talk: Jason Short on the Regulatory Crackdown in the Global Art World

In the sixth episode of Kobre & Kim’s ten-part Wealth Talk series with Family Wealth Report on the global challenges facing high-net-worth individuals (HNWIs) and their advisers, Kobre & Kim’s Jason Short, who focuses on asset defense for HNWIs facing asset forfeiture and money laundering charges, delved into the “new era in the art world” with Robin Rathmell.

Publications November 18, 2020

Andrew Stafford KC on How to Enforce Investor-State Arbitration Awards Against Recalcitrant Sovereign Entities

Investors who win arbitration awards against sovereign entities often find themselves facing the fresh challenge of standing up against a sovereign state. Kobre & Kim’s Andrew Stafford KC, who has deep experience enforcing against sovereign debtors, walks through how it can be done in a chapter first published in “Investor-State Arbitration 2021” by International Comparative Legal Guides.

Client Alert November 17, 2020

The Dark Side of 1782: Defending Against Aggressive U.S. Discovery Actions

Section 1782 discovery in the United States is a powerful tool to access information and gain an edge in foreign proceedings.
However, the power of this tool and the ease in which it is granted invites parties to use it in service of goals completely unrelated to ongoing proceedings, such as a negative PR campaign.
Defeating a 1782 application is not easy, but there are counterarguments and cross-border tools available to fight back and turn the tables on an unscrupulous adversary.

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