Insights

• As a key economic center in the region, the United Arab Emirates (UAE) is increasingly the place where many international creditors go as they pursue their debtor’s assets.
• However, some recalcitrant debtors may try to transfer their assets away to avoid payment in a fraudulent transfer.
• Our team explores what strategies are available in the UAE to restore a creditor’s interests.

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• Judgment and award debtors often hold assets in offshore jurisdictions such as the BVI – but these places are notoriously creditor- and enforcement-friendly.
• When cornered by a creditor, debtors often find few – if any – legal avenues to challenge the claim against them.
• However, a recent Kobre & Kim victory in the BVI demonstrates that, through deep familiarity of and ability to connect both offshore and foreign law, debtors can defy conventional wisdom and succeed.

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• Governments have increased focus on third parties – including offshore trustees – as they look to enforce their sanctions regimes.
• This increases the risk trustees could become embroiled in an accusation of violating sanctions.
• Trustees should take proactive, globally comprehensive measures to reduce their risk and avoid a cross-border crisis.

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• Debtor-friendly Delaware has strong asset protection laws that make it a destination of choice for global entities and individuals looking to hold their assets in a trust.
• This creates a headache for international creditors – recovering assets in a Delaware trust can seem like an insurmountable challenge.
• By adopting a creative, aggressive and multijurisdictional strategy, however, creditors can crack even Delaware’s notoriously tough trusts.

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• In Chapter 11 bankruptcy cases where the chances of recovery seem slim, global unsecured creditors may have to get creative and look outside the U.S. to improve their prospects.
• Assets in the People’s Republic of China (PRC) – the world’s second largest economy – offers a surprising source of asset recovery opportunities.
• We explain how creditors can unlock value in China and maximize their recovery.

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• The global crypto industry may have celebrated prematurely at a reported win by LBRY amici against the U.S. Securities and Exchange Commission.
• In fact, enforcement threats are at an all-time high, and the SEC and other regulators are emboldened.
• Only by matching the regulator’s aggressiveness with equally aggressive strategies can industry players see success.

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• U.S. government regulators are ramping up enforcement actions against traders for alleged market manipulation and spoofing.
• Exchanges and self-regulatory organizations are piling on, subjecting traders to their own investigations.
• Traders should not be afraid to stand up to these entities, and there are effective counteroffensive measures that can drive successful outcomes.

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• Reputation is both a highly valuable and sensitive asset for ultra-high net worth individuals (UHNWIs), and is constantly at risk.
• A strategically placed narrative aimed at undermining an individual’s commercial or political objectives can “snowball” to impact many aspects of their personal and professional lives.
• We explain how defensive and proactive strategies can be deployed to defend an UHNWI’s reputation, demonstrate their source of wealth and protect their freedom of movement around the world.

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• Korean and U.S. antitrust enforcers are working ever closer together in investigating potential anticompetitive behavior.
• Korean companies are at risk – even conduct based entirely in Korea could be scrutinized.
• We look at the enforcement hotspots and how Korean companies can deploy an effective multijurisdictional defensive strategy.

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• A coming global economic downturn will put sovereign debt under pressure.
• It may appear near impossible for creditors and investors to enforce this debt against sovereigns, but those who succeed can see extraordinary returns.
• We explain how deploying creative cross-border strategies can overcome the toughest sovereign debtors and unlock the key to success.

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• The Korean corporate landscape is becoming more favorable for activist campaigns.
• Foreign activist investors have new opportunities to push for change and maximize value, even against the biggest chaebols.
• Our team explains what these developments mean and how investors can take advantage.

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• Victims of large-scale and sophisticated fraud in Brazil may struggle to recover their assets by only using tools available in the domestic legal system.
• However, a growing interest in fighting cross-border crime by U.S. authorities, together with the power of tools in the U.S., provide victims with a potentially better path to success.
• Our cross-border team explains what strategies victims can deploy to achieve results.

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• Tightening global credit conditions will put more corporate high-yield debt issuers and private borrowers from emerging markets at risk of default.
• This can spiral into complex cross-border disputes with creditors, threatening the company’s survival.
• Fortunately, there are creative and aggressive strategies available for debtors to limit their exposure and protect their bottom lines.

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• The United Arab Emirates (UAE) is becoming increasingly friendly to global judgment creditors looking to enforce their judgments.
• Recent developments signal increased receptivity to fast-tracking recognition and enforcement through reciprocity.
• We survey the landscape and look at how the country can form a crucial part of a worldwide enforcement campaign.

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• Minority shareholders have options to stand up to majority shareholders and directors, such as unfair prejudice claims or derivative actions.
• However, if these do not achieve the desired result, one more tool is available to exert pressure: a just and equitable winding up.
• We lay out how this tool can be applied in five key jurisdictions for corporate structures in Asia.

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