Client Alert September 7, 2023

Defensive and Counteroffensive Strategies in Delaware for Business Disputes that Turn Personal

  • Cross-border disputes involving ultra-high-net-worth individuals (UHNWIs) can often turn personal.
  • Commercial counterparties may try to make the UHNWI individually liable, putting their personal assets at risk.
  • However, if there is a connection to Delaware, UHNWIs can leverage the favorable tools available in the jurisdiction to resolve disputes in their favor.

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Client Alert August 31, 2023

How Ultra-High-Net-Worth Individuals Should Respond When Their Cyprus-Based Assets Are Under Attack

  • As global geopolitical tensions rise, Cypriot-held assets are increasingly under threat.
  • Governments, competitors and other counterparties are increasingly launching aggressive and often unwarranted attacks against the Cyprus assets of ultra-high-net-worth individuals.
  • At-risk individuals should work with a cross-border team and local counsel to take strategic steps to defend their assets.

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Client Alert August 17, 2023

Global Companies Can Gain Advantage From Aggressive U.S. Antitrust Enforcement

  • U.S. government antitrust agencies – including the U.S. Department of Justice Antitrust Division and Federal Trade Commission – have become increasingly aggressive in their enforcement.
  • While this puts more multinational companies with U.S. links at risk, it could also present an opportunity.
  • Our team explains how the changing antitrust enforcement environment can provide tools for companies to keep their competitors in check.

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Client Alert August 9, 2023

How SPAC Sponsors and De-SPACed Companies Can Protect Themselves as Valuations Plunge

  • After the SPAC boom of 2020 and 2021, many de-SPACed companies are now facing cash constraints and even bankruptcy.
  • Companies and their sponsors could face increasing scrutiny and disputes from shareholders, creditors or regulators as a result.
  • We explain how sponsors can be best positioned to prepare for the legal, financial and reputational risks that follow.

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Client Alert August 3, 2023

The BVI Creates New Opportunities for Offshore Bondholders to Bring Unilateral Claims

  • Distressed debt investors who are beneficial owners or contingent creditors of bonds face uncertainty when bond issuers stop paying.
  • Courts in key jurisdictions are beginning to answer the question of whether creditors can wind-up issuers but are offering diverging decisions.
  • We explain how a recent ruling in the BVI opens the offshore jurisdiction to creditors considering a cross-border enforcement campaign.

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Client Alert July 27, 2023

Gaining Leverage in Brazilian Insolvencies: Local and Cross-Border Tools for International Creditors

  • The Americanas fraud has led a wave of insolvencies in Brazil, shaking the market.
  • This wave of financial distress has ensnared international creditors into the slow-moving Brazilian insolvency landscape.
  • However, new developments in Brazil – combined with an assertive cross-border strategy – can help creditors gain the upper hand and reach a quicker resolution.

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Client Alert July 20, 2023

Creditors Should Enforce PRC Keepwell Agreements Overseas

  • Many Chinese debt issuers are still undergoing a wave of defaults, putting offshore general unsecured creditors at risk.
  • One way to secure substantial recovery is to enforce keepwell agreements, promises by a PRC onshore parent company to maintain a debt issuer’s liquidity and solvency.
  • This can expand the range of enforcement targets, increasing creditors’ options and chances of success.

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Client Alert July 12, 2023

What Multinational Companies Should Know About Unprecedented Extraterritorial Activities by the South Korean Police

  • The South Korean Police are expanding their extraterritorial activities, with many multinational companies now in their sightline.
  • Many companies are unfamiliar with handling Korean inquiries and investigations, but their next steps can be crucial to risks to their business.
  • Our cross-border team explores strategies to help companies mitigate their risks and stand up to prosecutorial overreach.

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Client Alert July 6, 2023

Defending Your Offshore Trusts from Onshore Attacks

  • Ultra-high-net-worth individuals embroiled in onshore government, commercial or family disputes may find their offshore trusts a vulnerable target.
  • These often-aggressive attacks set up a complex clash of onshore and offshore law, and demand an equally aggressive and comprehensive response.
  • There are steps UHNWIs and their advisors can take to reduce their risk exposure and respond to attacks on their wealth.

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Client Alert June 29, 2023

Lessons Learned for Activist Investors: The 2023 Korea Annual General Meeting Season

  • 2023 has continued a trend of increasingly energetic shareholder activism in Korea.
  • The most recent annual general meeting season has shed light on the paths activist investors can take to increase their chances of success.
  • Our team explores the main takeaways and lessons learned from the season.

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Client Alert June 22, 2023

U.S. Sanctions Against Individuals in Greater China May Come Suddenly: How Overseas Advisors Can Protect Their Clients from Overreach

  • The U.S., UK and their allies are continuing to find tools to exert pressure on China.
  • Businesspeople in Greater China with global interests could become targets of financial sanctions if diplomatic relations between China and the U.S. deteriorate further.
  • We explain how financial and wealth advisors can mitigate the risks these clients face if they act early and decisively.

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Client Alert June 15, 2023

Opportunities for Global and Local Activist Investors are Growing in Korea

  • Recent developments in the Korean legal landscape have been in activist investors’ favor, opening new opportunities to assert their rights and interests in Korean companies.
  • Still, the intricacies of the Korean market and the dominance of chaebols mean investors should still tread carefully.
  • Creative strategies that navigate these complexities can bring investors the greatest chances of success.

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Client Alert June 13, 2023

What a Landmark Ruling Against Spain Means for Investors in Disputes with Sovereigns

  • Winning an arbitral award often marks the beginning of a long and costly global enforcement campaign for international investors, especially against a sovereign state.
  • To speed up a settlement, investors should take a bold stand against sovereigns, leveraging international treaty protections.
  • A recent landmark win against the Kingdom of Spain shows one way for investors.

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Client Alert June 8, 2023

More Routes to Recovery for Global Creditors in the Middle East

  • The Middle East is opening up to cross-border investors, creditors and claimants, as Saudi Arabia’s adoption of rules based on the UNCITRAL Model Law on Cross-Border Insolvency demonstrates.
  • The openness is not limited to that country – the United Arab Emirates has also made strides that gives more tools for creditors considering a global enforcement campaign.
  • We explain what these developments mean for creditors.

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Client Alert May 25, 2023

Asia-Based Investors in U.S. Commercial Real Estate Can Mitigate Losses by Defending their Legal Rights

  • Chinese and other Asia-based investors have targeted the U.S. commercial real estate market recently, whether by direct investment or through CMBS or REITs.
  • However, the pandemic, credit tightening and regional bank failures have accelerated a market downturn, and many investors are vulnerable to losses.
  • Investors should consider proactive or counteroffensive strategies to enforce their legal rights, even against big industry players, to mitigate their losses and protect their bottom lines.

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