Insights

• 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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• Global sanctions targeting, among others, Russian individuals and entities are layering on top of anti-money laundering measures.
• These will directly impact players in the art market, raising their litigation and enforcement risks.
• We explain two particular triggers stakeholders should be aware of.

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• As the place of incorporation for many entities, Delaware has become a center for resolving high-stakes, cross-border insolvencies.
• But many parties, especially from outside the U.S., default to using Chapter 11 bankruptcy, when it can be long, drawn-out, unpredictable and costly.
• Our Insolvency and Delaware teams outline alternatives in the state that could be quicker and cheaper.

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• As geopolitical tensions heighten, Chinese ultra-high-net-worth individuals may become increasingly at risk of becoming the target of forfeiture by hostile foreign governments.
• Governments around the world have shown increasing willingness to go after assets owned by those in disfavored jurisdictions.
• By deploying a coordinated global strategy, Chinese UHNWIs can lawfully defend their legitimately earned wealth.

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• The U.S. Department of Justice has released new guidelines that signal their aggressive prosecution of individuals and companies outside the U.S.
• At-risk non-U.S. companies must understand the potential implications of the DOJ’s new position.
• Our global Government Enforcement Defense team explains why internationally based former U.S. government lawyers are best positioned to address the issues.

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• Brazil’s looming election could lead to a sharp shift in government and potentially, as part of a global trend, result in politically motivated investigations against rivals and their businesses.
• These investigations can involve misconstrued allegations or undermined due process, and can threaten even overseas assets.
• Our International Private Client team explains how politically exposed individuals can take proactive steps to protect their assets, liberty and reputation.

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• When crypto and blockchain companies, funds or exchanges find themselves the target of a sophisticated, large-scale fraud or cyber attack, speed through global reach is key.
• Companies often make impulsive decisions that imperil their recovery chances and business interests.
• The pseudonymous and borderless nature of cryptocurrency means companies need to take a cross-border and nontraditional approach to maximize success.

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• Recent developments in Korea have made Korean chaebols attractive to overseas activist investors.
• However, the intricacies of Korean capital markets and legal practice, and the influence of chaebols, mean investors need to tread carefully.
• Only by engaging in creative strategies that consider local and overseas factors can investors have the greatest chance of maximizing shareholder value.

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• Minority shareholders may be surprised to learn that they have effective options when a director or other fiduciary has harmed the company.
• However, the situation may be complicated when structures cross borders, as many corporate structures in Asia do, including spreading offshore.
• Our Claim Monetization team explores how shareholders can deploy derivative actions in five key jurisdictions across Asia Pacific, the UK and the Caribbean as part of an effective cross-border strategy.

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• Minority shareholders may have certain remedies available when they feel their rights have been unfairly prejudiced by the majority.
• However, the situation may be complicated when structures cross borders – typical corporate structures in Asia may spread across offshore and other key regions.
• Our Claim Monetization team lays out the basic parameters of the tools open to minority shareholders across five key jurisdictions.

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• A Chinese court recently recognized a commercial judgment issued by the English High Court in a landmark judgment.
• China has also made it easier for Hong Kong arbitrations to be recognized and enforced in China, as well as opening the door to interim measures.
• Our Claim Monetization team analyzes what these developments mean to foreign judgment and award creditors looking for opportunities in a historically tricky jurisdiction.

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• Many parties, especially those based in Asia Pacific, soon discover that a recalcitrant debtor can frustrate enforcement of a hard-won arbitration award.
• In cross-border enforcement campaigns, the debtor may throw up obscure legal challenges to cause delays and distraction.
• A recent Kobre & Kim victory demonstrates how, through quick and strategic action, these distractions can be defeated and pressure can be maintained on the debtor.

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• The United Kingdom and the European Union are two critical jurisdictions that have implemented influential sanctions regimes against Russian entities.
• Given the UK’s departure from the EU, key differences exist that outside stakeholders must be attuned to.
• Learn the subtle yet consequential details in this reference guide, put together by Kobre & Kim’s International Private Client team.

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