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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Client Alert May 18, 2023

Pathways for Global Bondholders to Effectively Oppose Unjust UK Restructuring Plans

  • Global bond issuers looking to restructure their debt have often turned to English courts, relying on debtor-friendly rules such as the ability to cram down creditors.
  • Two recent English court decision, however, are improving prospects for global bondholders.
  • Creditors who are willing to take swift and forceful action against even the biggest players can see the greatest chances of success.

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Client Alert May 10, 2023

How Israeli, Middle Eastern and African Individuals Should Respond to Criminal Allegations from Foreign Governments

  • Israeli and other Middle Eastern and African nationals are increasingly at risk as U.S. and Western enforcement agencies aggressively pursue cross-border actions, in many cases based on incomplete facts.
  • With cooperation from countries like Israel, those targeted can risk their assets, reputation and liberty if they are not adequately prepared.
  • We explain what steps individuals can take to push back and get the facts straight.

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Client Alert May 4, 2023

Chinese Companies Should Not Shy Away From Potential Disputes Against Korean Chaebol Competitors

  • More Chinese companies are entering the Korean market, running head-on into family-owned conglomerates known as chaebols.
  • In a dispute, the overwhelming dominance of chaebols and the intricacies of the Korea legal market make it hard for Chinese companies to find a way out.
  • However, by combining creative legal and PR strategies, Chinese companies can put pressure on their competitors and protect their business interests.

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Client Alert April 26, 2023

Non-U.S. Companies Beware: U.S. Corporate Leniency Programs May Not Achieve Best Outcome

  • Recent comments by top U.S. Department of Justice (DOJ) officials seem to signal an emphasis on leniency programs for companies cooperating on corruption and bribery investigations.
  • However, non-U.S. companies should not let their guard down – the DOJ continues to stretch the bounds of its jurisdiction to aggressively prosecute companies beyond the U.S.
  • We unpack counteroffensive strategies at-risk companies should consider to stand up to DOJ overreach and drive successful outcomes.

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Client Alert April 12, 2023

Politically Exposed Persons Should Preemptively Manage Risks from A Regime Change

  • The tumultuous power transfer in Brazil has sparked investigations into the new administration’s political opponents.
  • This is an example of a larger global trend where regime change may result in politically motivated investigations, threatening a politically exposed person’s liberty, reputation and assets.
  • Our team walks through proactive steps those at risk can take to protect themselves.

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