Insights | Kobre & Kim — Disputes and Investigations

Client Alert October 21, 2019

Clearing Your Name against U.S. Civil Trade Secret Theft Claims

In light of the ongoing PRC-U.S. trade dispute, Chinese companies are more likely to face charges in U.S. courts against civil claims of trade secret theft.
Civil trade secret misappropriation cases in U.S. courts can be particularly complex and high-stakes for Chinese companies on the defensive end of cross-border disputes.
Chinese companies, their executives and legal representatives should familiarize themselves with U.S. IP protection standards in the face of pending cross-border litigation.

Client Alert July 24, 2019

China’s Belt and Road Initiative Could Lead to a Trail of Global Corruption Investigations

For those considering investing in projects tied to China’s Belt and Road Initiative (BRI), corruption and bribery are major areas of concern.
In the event of fraud or misconduct allegations, parties and their counsel will need to understand and anticipate how global anti-corruption enforcers might approach such investigations.
Carrying out a series of “stress tests” or appointing an independent third-party examiner are two examples of proactive measures companies can take to mitigate the risk of being on the wrong end of an anti-corruption investigation.

Client Alert June 18, 2019

Extradition & Due Process: U.S. Asylum Seekers Are on “Notice” Too

The January 2017 Executive Order “Enhancing Public Safety in the Interior of the United States” broadens the categories of immigrants who can face deportation to include those who pose, in the judgment of an immigration officer, a “risk to public safety or national security.”
Under “Project Red,” ICE has collaborated with state and local law enforcement agencies, the United States Marshals Service, Europol, and Interpol to target and arrest individuals wanted by foreign governments. This is a departure from precedent for the U.S.
In a recent demonstration of Project Red, ICE arrested 105 immigrants and foreign nationals in a five-day enforcement operation in New Jersey. Several of these individuals were the subject of Interpol Red Notices for alleged crimes in their home countries.

Client Alert June 5, 2019

To Catch a Debtor: Seizing the Money

Chinese businesses tend to favor offshore jurisdictions for setting up joint venture (JV) structures, but deadlock can ensue if partners differ into a dispute.
A litany of offshore legal tools exists, from provisions in the JV's constitutional documents to the appoint of a receiver to restore control to the wronged party.
However, the process for deploying these options differ based on each jurisdiction, and it is advisable to seek counsel before acting on any strategy.

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.

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.

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."

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.

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.

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.

Client Alert December 20, 2018

U.S. Enforcement Against the PRC: Preparing for the Next Wave

The U.S. government has made its intentions clear that it will investigate and prosecute PRC-based companies and individuals that it believes employ illegal tactics to compete with U.S. companies in key sectors.
Future U.S. actions could come from any number of directions.
Whatever action comes next, a cross-border perspective and willingness to represent PRC-side clients against the U.S. government will be essential to an effective response.

Client Alert December 5, 2018

Empowering Israeli Innovators to Take on Industry Giants

Innovative Israeli technology companies are inherently disadvantaged when facing litigation against larger parties with deeper pockets.
Litigation funding can bridge the resource gap between smaller technology companies and the multi-national companies (MNCs) who may disregard their rights.
Litigation funding benefits smaller Israeli companies seeking to protect their rights. It also provides start-ups and growth-stage technology companies with the necessary resources to develop a strong case without being impeded by high costs.