Insights | Kobre & Kim — Disputes and Investigations

Client Alert April 3, 2019

To Catch a Debtor: Finding the Money

For international creditors, monetizing claims against debtors located in the People’s Republic of China has proven difficult.
The first challenge is finding where the assets are, specifically via offshore discovery.
Time is of the essence, and “freezing” the money is next.

Client Alert March 27, 2019

Successfully Fighting a Spoofing or Market Manipulation Subpoena from the DOJ or the CFTC

The U.S. government has set its sights on market manipulation and “spoofing” among both traditional and digital currency traders.
For the trading firms and other market participants who could be in the government’s crosshairs, now is the time to plan how you will respond to a subpoena.
Traders and trading firms that find themselves on the receiving end of a subpoena related to spoofing or market manipulation should not immediately assume that cooperation is the best or only way to respond.

Client Alert March 21, 2019

Recovering Stolen Funds from Business Email Fraudsters

One of the most common forms of fraud affecting businesses worldwide is Business Email Compromise (BEC).
Often based in Asia, BEC fraudsters are known to use a network of underground moneychangers to move stolen funds rapidly beyond the reach of victims.
When affected, victims need to match the speed of the criminals, acting across multiple jurisdictions and with the full set of legal tools necessary to trace, freeze and recover assets effectively.

Publications March 14, 2019

Podcast: Jake Chervinsky Explores the Future of Digital Currency on Tales from the Crypt

On March 12th, Kobre & Kim attorney Jake Chervinsky joined cryptocurrency influencer Marty Bent on his Bitcoin podcast, Tales from the Crypt, for a conversation on the intersection between digital currency and the law.

Publications March 4, 2019

Benjamin Sauter and Jake Chervinsky Discuss the Rise of “Stablecoins” with CoinDesk

Kobre & Kim attorneys Benjamin Sauter and Jake Chervinsky draw upon their experience in digital currency regulatory issues to discuss the rise of “stablecoins” with leading digital currency news site Coin Desk.

Client Alert March 4, 2019

Clashing With Titans: Effective Judgment Enforcement Against Sovereign Entities

There are many reasons why sovereign debtors can be challenging targets.
The right combination of high-pressure tactics, coupled with aggressive, creative, multijurisdictional strategies, can force sovereign debtors to take a seat at the bargaining table.
Here are specific examples of effective techniques from recent successful matters where legitimate claims were recovered against sovereign entities.

Publications March 1, 2019

Kobre & Kim on the Importance of Rule 4(m) for International Defendants in Westlaw

A team of Kobre & Kim attorneys – Steven Perlstein, Melanie L. Oxhorn and Brad H. Samuels – analyze the recent decision in In re Veon Ltd. Securities Litigation, including its impact on cross-border litigation involving international defendants.

Publications March 1, 2019

Kobre & Kim places in AmLaw’s “Litigators of the Week” after victory in DRW case

A team of Kobre & Kim attorneys – Jonathan Cogan, Andrew Lourie and Matthew Menchel – were recognized in The American Lawyer’s “Litigators of the Week" for their trial victory on behalf of DRW Investments, a Chicago-based proprietary trading firm, in a market manipulation case against the U.S. Commodity Futures Trading Commission (CFTC).

Publications February 27, 2019

Nathaniel Barber unpacks the FCA’s first-ever competition decision with CDR

Kobre & Kim attorney Nathaniel Barber spoke with Commercial Dispute Resolution on the “landmark” first competition decision for the UK’s Financial Conduct Authority (FCA).

Publications February 19, 2019

Beau Barnes Evaluates the ‘Fine Art of Evading Sanctions’ in The Media Line

Kobre & Kim attorney Beau Barnes evaluates the use of Iran’s art market to export art and find profit without facing U.S. sanctions and financial penalties in a discussion with the independent Middle East-focused news agency The Media Line.

Publications February 13, 2019

Kobre & Kim Discusses Asset Recovery in HNWI Divorce Cases with Citywealth Magazine

London-based Kobre & Kim attorneys with experiential expertise in criminal and civil asset forfeiture, Jason Masimore and Leonora Sagan, spoke with Citywealth Magazine on the various stages and methods of asset recovery in divorce settlements involving high-net-worth individuals, or HNWI’s.

Publications February 7, 2019

Beau Barnes Evaluates the ‘New Iranian Sanctions-busting Cryptocurrency’ in The Media Line

Kobre & Kim attorney Beau Barnes evaluates the recent launch of an Iranian, gold-backed cryptocurrency and what it means for the country’s economy in a discussion with the independent Middle East-focused news agency The Media Line.

Publications February 7, 2019

Andrew Stafford KC Analyzes the Potential Impact of No-Deal Brexit on Cross-Border Litigation with The Times

London-based Kobre & Kim attorney Andrew Stafford KC discusses the potential complications a no-deal Brexit would have on cross-border dispute resolution in The Times.

Publications January 31, 2019

AmLaw: “How Judgment Bloodhounds at Kobre & Kim Help Winners Get Paid”

Two of Kobre & Kim’s international judgment enforcement and asset recovery specialists – attorneys John Han and Christopher Cogburn– discuss what it takes to secure high-value arbitration awards in complex, cross-border litigation matters both onshore and offshore in The American Lawyer’s “Litigation Daily” feature.

Client Alert January 30, 2019

A New Opportunity to Avoid Cyberattacks From the U.S.

Rising cyber security breaches place global companies at risk.
The New York State Department of Financial Services (NYDFS) recently imposed new regulations requiring companies to certify compliance with their cybersecurity programs by February 15 of every year.
To prevent a breach, noncompliance or litigation, Chinese companies with U.S.-incorporated subsidies ought to ensure their programs comply with these new regulations.