Insights | Kobre & Kim — Disputes and Investigations

Publications June 4, 2019

Beau Barnes Speaks with Law360 on OFAC’s Recent Enforcement Action

This weekend, Kobre & Kim’s Beau Barnes talked with Law360 about OFAC’s recent decision to issue a finding of violation but not impose a monetary penalty against State Street Bank & Trust Co.

Publications June 3, 2019

Kobre & Kim Lawyers on How Businesses Can Protect Themselves from Automated Intruders

A team of Kobre & Kim lawyers – Steven Perlstein, Benjamin Sauter and Beau Barnes – discuss the increasing trend of malicious online bots, how the U.S. legal landscape is addressing it and ways that businesses can protect their information in the New York Law Journal’s special report on cybersecurity.

Publications June 3, 2019

Benjamin Sauter and David McGill on Kik’s Defend Crypto fund, and taking on the SEC

Kobre & Kim lawyers Benjamin Sauter and David McGill speak on the potential for legal action by the kin cryptocurrency company Kik against the United States Securities and Exchange Commission (SEC) in Cointelegraph.

Client Alert May 30, 2019

Don’t Overlook China in Difficult Chapter 11 Asset Recovery Efforts

In U.S. Chapter 11 cases (especially those involving unsecured creditors), non-traditional asset sources often offer the best hope of recovery.
Assets based in China can present surprising asset recovery opportunities for U.S. creditor committees.
There is a range of options at a committee's disposal to unlock value from claims against PRC entities, and experience, creativity and local support on both sides of the Pacific are essential to securing monetization.

Publications May 24, 2019

Kobre & Kim Attorneys Discuss the Impact of Global Monitorship Actions on East Asia in GIR’s Guide to Monitorships

A team of Kobre & Kim attorneys – Shaun Wu, Daniel Lee, Ryan Middlemas and Jae Joon Kwon – detail how the rising global emphasis on legal and corporate compliance is impacting East Asian countries that have historically lacked the practice of monitorships, in the first edition of Global Investigations Review’s Guide to Monitorships.

Publications May 23, 2019

Chief Strategy Officer Gary Singer on the Importance of Referral Relationships with The American Lawyer

Kobre & Kim Chief Strategy Officer Gary Singer spoke with The American Lawyer on the eve of the 2019 AmLaw 200 Report to discuss the current state of relationship building in regards to law firms’ business development efforts.

Publications May 23, 2019

Robert Henoch Examines Potential for FCPA Enforcement Actions into Israel in Haaretz

Kobre & Kim lawyer and former U.S. Department of Justice prosecutor Robert Henoch spoke with the independent Israeli newspaper Haaretz to explain the function and application of the U.S. Foreign Corrupt Practices Act (FCPA) in cases of suspected bribery.

Client Alert May 22, 2019

U.S. Increasingly Enforcing Against India

Relations between India and the U.S. have recently experienced a few blows, including the termination of the former's preferential trading status with the U.S.
For future Indian defendants, it will be of paramount importance to understand the strategies and tactics of U.S. enforcement agencies in charge of bribery, national security and fraud investigations.
When regulators come knocking, those who choose to sit idly by will find themselves at a disadvantage.

Client Alert May 15, 2019

“Cartels Beware”: U.S.-Korea Antitrust Enforcement Likely to Reach a New Scale

A recent meeting between antitrust enforcers from South Korea and the U.S. signals an increase in future collaboration between the U.S. Department of Justice (DOJ) and Korea Fair Trade Commission (KFTC) on cross-border criminal antitrust enforcement.
A greater degree of DOJ-KFTC collaboration will result in increasingly complex multinational antitrust litigation.
When these enforcers take collaborative actions, targets will require equally coordinated defense strategies - likely combining the knowledge of both Korea and U.S. antitrust specialists.

Publications May 13, 2019

Beau Barnes Discusses Potential OFAC Enforcement Strategy Shift from Companies to Executives

Kobre & Kim’s Beau Barnes brings his economic sanctions and regulatory background to evaluate recent developments in enforcement actions from the U.S. Treasury's Office of Foreign Assets Control (OFAC) and their implications for U.S. companies in Law 360.

Client Alert May 8, 2019

To Catch a Debtor: Freezing the Money

International creditors continue to face significant challenges when monetizing claims against debtors based in the People's Republic of China.
Actions such as a standalone freezing injunction can be used in English common law jurisdictions to freeze assets that are held by innocent third parties.
Injunctions and receiverships can be made without giving notice to the debtor, bestowing the "element of surprise."

Publications May 2, 2019

Benjamin Sirota on DOJ Antitrust’s Evolving Treatment of Corporate Compliance Programs with New York Law Journal

Kobre & Kim attorney and former Department of Justice (DOJ) Antitrust Division prosecutor Benjamin Sirota discusses the past, present and future of the U.S. Department of Justice Antitrust Division’s policy regarding whether to credit corporate compliance programs in charging decisions and at sentencing, and on what terms.

Publications April 26, 2019

Michael Kim Discusses Criminal Apprehension and Repatriation by the U.S. in a Highly Political Event

Firm co-founder Michael Kim was quoted in the leading South Korean newspaper Dong-A Ilbo, discussing international relations between the U.S. and Spain in relation to the apprehension and potential repatriation of individuals charged with breaking and entering in a Spain-located DPRK embassy.

Publications April 23, 2019

Kobre & Kim Attorneys Detail Strategies for Enforcing Judgments against Sovereign Entities in Mealey’s

A team of Kobre & Kim attorneys – Jef Klazen, Chris Cogburn and Lara Levinson – detail strategies of enforcing judgements against elusive foreign governments or state-owned entities in the Lexis Nexis’ monthly arbitration newsletter, Mealey's International Arbitration Report.

Publications April 12, 2019

Jason Kang with South China Morning Post: New Risks for PRC-Facing Foreign Investors

Kobre & Kim’s Hong Kong-based Jason Kang provided his insights to major Hong Kong-based newspaper South China Morning Post on the unexpected risks behind China’s new foreign investment regime, which was recently passed in early 2019.