Insights | Kobre & Kim — Disputes and Investigations

Publications May 11, 2020

Daniel Saval on Faraday Founder Jia Yueting’s Evasive Bankruptcy Plan

Kobre & Kim’s Daniel Saval recently spoke with The Wire China on the bankruptcy of Jia Yueting, the founder of the electric car company Faraday Future.

Client Alert May 11, 2020

Clearing Your Name: Fending Off Trade Secret Theft Judgment Claims

In the midst of the ongoing U.S.-China trade war, U.S. accusers who obtain a judgment in their dispute can use it to interfere with the day-to-day commercial activities of PRC entities.
To prevent and protect against a judgment, Chinese entities must understand both their own vulnerabilities and their legitimate rights before and after a judgment.
Pre-emptively preparing a defensive strategy that considers not only judgment defense, but also other likely scenarios – from a civil IP theft dispute to U.S. criminal proceedings under the umbrella of national security – can be quite effective.

Publications May 8, 2020

Michael Kim: Post-COVID Landscape Will Yield Increased Fraud on Global (non-U.S.) Scale

Kobre & Kim founding partner Michael Kim recently sat down with Dan Packel of the American Lawyer to discuss how he thinks any ensuing recession in the wake of COVID-19 will see a rush of fraud-related claims, as well as creditor-debtor disputes on a global scale that was unseen in the 2007-8 global financial crisis.

Publications May 8, 2020

Robin Rathmell Speaks with The New York Times on Ultra High-Net-Worth Individual Matrimonial Disputes in the time of COVID-19

Kobre & Kim’s Robin Rathmell recently spoke with Paul Sullivan, who runs the New York Times’ “Wealth Matters” column, on how court closures and operational changes resulting from the COVID-19 pandemic have affected divorce proceedings involving ultra high-net-worth individuals (UHNWIs).

Publications May 7, 2020

Michael Rosen Discusses the Economic Impact of COVID-19 with Israeli Newspaper Calcalist

Kobre & Kim’s Michael Rosen was recently quoted in the Israeli business newspaper Calcalist, discussing how amongst the devastation of COVID-19, the firm is trying to find some silver linings.

Publications April 30, 2020

Oleg Shaulko on the Potential New Wave of Litigation Funding in Ukraine

Kobre & Kim’s Oleg Shaulko penned an article in Law360 discussing a proposed Ukrainian law that opens up opportunities for third party litigation funders, in an effort to drive cross-border asset recovery efforts and ultimately fight corruption.

Client Alert April 28, 2020

An Opportunity across the Pond: U.S. Discovery Developments can Drive UK Proceedings

Compared with UK discovery, with its limited scope and high costs, U.S. discovery can be a much more powerful and widely usable tool of enforcement.
U.S. Discovery, unlike UK discovery, is not limited to documents contained within its national borders.
Furthermore, documents discovered through U.S. discovery can often be used for purposes beyond those specifically identified in the original discovery application.

Publications April 23, 2020

Scott Hulsey, William McGovern, Benjamin Sauter and Hartley West on the Risk of Regulatory Scrutiny for Companies Post-COVID-19

Kobre & Kim’s Scott Hulsey, William McGovern, Benjamin Sauter and Hartley West, who all focus on different aspects of defensive counsel against government enforcement actions and investigations, collaborated on an article for Corporate Counsel that takes an in-depth look at the regulatory risks public companies and traders face during and after the COVID-19 pandemic.

Publications April 21, 2020

Scott Hulsey: The Landscape of U.S. Corporate Fraud and Corruption in 2020

Kobre & Kim’s Scott Hulsey recently sat down with Financier Worldwide to share his thoughts on recent trends in corporate fraud and corruption in the United States.

Publications April 15, 2020

Zachary Rosenbaum Convinces Court with “Damning” Evidence in Fund Ponzi Suit

Kobre & Kim’s Zachary Rosenbaum achieved a recent win when a New Jersey state judge agreed with his argument to deny a motion by Apex Fund Services Holdings Ltd. and others to let them out of a U.S. $40 million lawsuit linked to a Ponzi scheme, Law360 reports.

Client Alert April 15, 2020

Making Patents Pay: Monetizing Dormant Assets in an Economic Downturn

Amidst an economic downturn, the active assertion of patent rights can generate massive returns for patent holders, as demonstrated by numerous recoveries in the U.S. in 2019.
The passing of the America Invents Act (AIA) in 2011 and subsequent judicial decisions have led to a downturn in patent value, but the recent precedential decision in the U.S. Patent Trial and Appeal Board (PTAB) has turned more positive, placing patent holders in a favorable position for the first time in recent memory.
With legal conditions for patent enforcement improving in the U.S., now is an important time for businesses, their investors and their advisors to identify and deploy assertable IP holdings.

Publications April 14, 2020

Ninth Circuit Reverses Dismissal of Privacy-Related Claims Against Facebook, Adopting Arguments in Amicus Brief by Kobre & Kim

Kobre & Kim’s Steven Perlstein was recently quoted by the Daily Journal, commenting on the decision by the Ninth Circuit Court of Appeals to reinstate a class claim against Facebook over the social network’s profiting off users’ personal data – an opinion with potentially far-reaching consequences in today’s data-driven economy.

Publications April 3, 2020

Calvin Koo on Hong Kong Courts’ Use of Long-Standing Legal Tools to Cutting-Edge Technologies

Kobre & Kim’s Calvin Koo has published an article in Hong Kong Lawyer, where he details Hong Kong courts’ recent application of long-standing legal concepts to new technologies like cryptocurrency and smartphones.

Publications April 2, 2020

Matthew Boucher and Nathan Park on “The Future of Chaebols”

Kobre & Kim’s Matthew Boucher and Nathan Park sat down with Global Competition Review to discuss recent enforcement trends from South Korea’s Fair Trade Commission (KFTC), the country’s competition watchdog.

Publications March 30, 2020

Martin De Luca Talks Force Majeure and New York Law with Law360

Kobre & Kim’s Martin De Luca sat down with Law360 to discuss the coming coronavirus-related litigation centered on force majeure clauses, which can excuse businesses from their contractual obligations due to “acts of God” or events outside their control.