Insights | Kobre & Kim — Disputes and Investigations

Publications March 26, 2020

Jef Klazen on the Challenges and Opportunities of Global Asset Recovery in 2020

Kobre & Kim’s Jef Klazen recently sat down with Corporate Disputes and shared his insights with a roundtable on the international challenges of asset tracing and recovery.

Publications March 24, 2020

Robin Rathmell Speaks with Forbes on Digital Threats to High-Net-Worth Individuals

Kobre & Kim’s Robin Rathmell sat down with Forbes to discuss the increasing threats faced by high-net-worth individuals (HNWIs), including a rise in cyber threats during the coronavirus (COVID-19) pandemic.

Client Alert March 20, 2020

Coronavirus: Buying Time in Uncertainty

For companies facing the economic fallout of COVID-19, time has become the most precious commodity to preserving their assets and riding out the storm.
The ‘force majeure’ clause often found in contracts under New York and English law, if invoked correctly, could increase the likelihood of success in potential litigation with lenders.
Our lawyers around the world take a close look at the force majeure clause and how courts in different jurisdictions (including Brazil and Argentina) have chosen to interpret its applicability in a pandemic situation.

Publications March 13, 2020

Andrew Stafford KC and James Chapman-Booth on Using Insolvency to Recover Assets

Kobre & Kim lawyers Andrew Stafford KC and James Chapman-Booth detailed the use of insolvency as a tool in aid of judgment enforcement in an article they wrote for Commercial Dispute Resolution.

Publications March 3, 2020

David McGill Discusses DOJ’s MLAT Controversy with the National Review

Kobre & Kim’s David McGill sat down with the National Review to discuss a motion filed against the Department of Justice requesting information related to their alleged abuse of mutual legal-assistance treaty (MLAT) requests aiming to extend the statute of limitations, when prosecutors had obtained the information from other means.

Publications February 27, 2020

Kobre & Kim Files Countersuit Against Adare in Waldorf Astoria Financing Case

A team of Kobre & Kim lawyers have filed a countersuit against Adare Finance DAC in the High Court of Justice in London on February 17 on behalf of Michel Ohayon and his company Yellowstone Capital Management SA.

Publications February 26, 2020

Wall Street Journal: Kobre & Kim Files Motion Challenging DOJ Use of Foreign-Evidence Requests

The Wall Street Journal has reported on a motion filed by Kobre & Kim lawyers to force the Department of Justice to turn over information about their mutual legal-assistance treaty requests, or MLATs, after it was revealed by a former prosecutor that the DOJ may have been abusing these requests to buy themselves more time.

Publications February 24, 2020

Beau Barnes Discusses U.S. Lifting Sanctions on Chinese Shipping Tanker

Kobre & Kim’s Beau Barnes sat down with Global Trade Magazine to discuss a recent decision by the U.S. Treasury Department and Office of Foreign Assets Control (OFAC) to lift sanctions on shipping tanker COSCO Dalian on January 31.

Publications February 7, 2020

Michael Ng Quoted in Bloomberg Article Addressing Changes in Patent Enforcement Litigation Strategies

Kobre & Kim’s Michael Ng was quoted by Bloomberg Law in an article addressing changes in patent enforcement litigation strategies, in particular new views on inter partes reviews (“IPRs”) at the U.S Patent and Trademark Office.

Publications January 28, 2020

Benjamin Sirota Discusses the Farelogix-Sabre Merger with Bloomberg Law

Kobre & Kim’s Benjamin Sirota sat down with Bloomberg Law to discuss the upcoming trial on the merger between airline booking companies Farelogix and Sabre, offering his analysis of the Department of Justice’s (DOJ) case.

Publications January 27, 2020

David McGill on Spoofing, the Statute of Limitations, and “Prosecution by Hindsight”

Kobre & Kim’s David McGill sat down with Bloomberg to discuss a recent court decision that effectively extended the statute of limitations for spoofing cases, warning that it could potentially lead to prosecutorial overreach.

Publications January 21, 2020

Robin Rathmell on the Legal, Commercial and Reputational Risks for UHNWI’s with Forbes

Kobre & Kim’s Robin Rathmell sat down with Forbes to discuss the idea that for ultra high-net Worth Individuals (UHNWI’s), “with great wealth comes a legal and societal target on your back.”

Publications January 17, 2020

American Photographer Accuses Bank of Funding Terrorists Who Kidnapped Him

A team of Kobre & Kim lawyers (John D. Couriel, G. Scott Hulsey and Carrie A. Tendler), working with primary counsel Bondurant, Mixson & Elmore and Wiggan and Dana LLP, has filed an Anti-Terrorism Act lawsuit against the Qatar Islamic Bank on behalf of American photojournalist Matthew Schrier, who was kidnapped in 2012 during Syria’s civil war.

Publications January 13, 2020

William McGovern on FCPA Violations, Market Manipulation, and Differing U.S.-China Bribery Enforcement

Kobre & Kim’s William McGovern weighed in on the alleged FCPA violations by two former executives of the Chinese subsidiary of Herbalife with the Anti-Corruption Report, stressing the dangers present when navigating between two different cultural and legal regimes.

Publications January 8, 2020

Scott Hulsey on the DOJ’s Enforcement Priorities in 2020

Kobre & Kim’s Scott Hulsey recently spoke with Compliance Week on the increased enforcement activity coming from the U.S. Department of Justice during 2020 and, consequently, the increased risk for compliance officers across various industries.