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.
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.
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.
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.
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.
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.
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.
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.
Prices of Russian and other sovereign debt are falling as their economies buckle, presenting both opportunities and challenges for investors.
Enforcing the debt against sovereign entities is already difficult, more so when sanctions are involved.
As our Claim Monetization & Dilution team explains, non-traditional strategies may go further in putting maximum pressure on sovereigns and maximizing returns.
The Dubai International Financial Centre (DIFC), a gateway to enforcing judgments in the Middle East, has just seen significant barriers to enforcement removed.
Creditors now have a much smoother path to collect on what they are owed both in onshore Dubai and across the region.
Our global Claim Monetization & Dilution team unpacks how creditors can save significant time and money.
The U.S. Commodity Futures Trading Commission (CFTC) has quietly increased scrutiny of digital currency markets, focusing on spoofing.
Successful traders normally do not run from risk in their trading activities, yet they often do exactly that in the face of unfamiliar regulatory risks, leading to worse outcomes.
Targets of regulatory enforcement should therefore consider a range of aggressive measures before responding to inquiries from enforcement authorities.
Minority shareholders of South Korean industrial conglomerates, or “chaebols,” have had few ways to protect their interests against controlling shareholders.
However, with the passage of new amendments to the Korea Commercial Code (KCC), minority shareholders have gained new tools to even the playing field.
Our Claim Monetization and Dilution team looks at the key changes and implications that minority shareholders and activist investors should know about.
