News

In honor of National Hispanic Heritage Month, Kobre & Kim is highlighting and reflecting on the unique contributions made by Hispanic individuals to American society both inside and outside of the legal industry. Today, we honor late Judge Miriam Naveira Merely. 

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Internal investigations in Latin America have become more sophisticated and complicated for companies in light of compliance, whistleblowers, fraud and parallel enforcement by multiple countries. However, there may also be an opportunity for companies to realize damages and earn a return on the investment that is the costs of an investigation, as Kobre & Kim’s São Paulo-based Martin De Luca discussed at the 5th Marval Summit on Compliance, Anti-Corruption and Investigations in Buenos Aires during a panel on September 14.

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Many Chinese companies operating overseas have seen increasing compliance and enforcement risks from many multilateral development banks and financial institutions, with a growing number of investigations, sanctions and settlements. Kobre & Kim’s Jason Kang, who focuses on China-related cross-border disputes and complex international regulatory schemes including multilateral development banks sanctions and monitorships, explores how companies and their senior management can manage these risks during the 2022 China Global Compliance Summit in Shanghai in a session at 2:00 pm local time, September 22, 2022.

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Kobre & Kim’s Latin America practice has gained recognition in Chambers and Partners’ latest “Corporate Crime & Investigations in International Counsel Legal Rankings.”

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When federal receivers are involved in a matter with parallel criminal enforcement proceedings, they must cooperate with not only the agency overseeing the receivership, but also with the U.S. Department of Justice. Kobre & Kim’s Evelyn Sheehan, a former U.S. federal prosecutor focused on asset forfeiture, shared best practices and key considerations for receivers engaging with criminal enforcement authorities during the NAFER (National Association of Federal Equity Receivers) 2022 Annual Conference in Washington DC.

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For litigation funders and investors in legal assets, one of the most fruitful areas of opportunity is the enforcement of judgments, arbitral awards and other claims within a cross-border dispute. Kobre & Kim’s Adriana Riviere-Badell will discuss how litigants and funders can work together to maximize recoveries during the Fifth Annual LF Dealmakers Forum on a panel at 9:30 am New York time, September 29, 2022.

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Cryptocurrency fraud and asset recovery is an increasingly active litigation space – crypto class action lawsuits are up, a number of major crypto platforms have filed for bankruptcy and government regulators and enforcers are investing more resources in this area. As such, Kobre & Kim is proud to co-found the North America chapter of the Crypto Fraud and Asset Recovery Network (CFAAR), an emerging network of industry-leading professionals that aims to develop best practices for dealing with cryptocurrency dispute resolution.

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On September 14, 2022, Martin De Luca was invited by Professor Pedro Iokoi to give a lecture on corporate plea bargaining in the U.S. to a post-graduate class of Compliance at Ibmec, a private research university in Brazil. The class was composed of several compliance officers in Brazilian financial institutions and publicly traded companies.

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When U.S. government agencies investigate potential violations of laws such as the Foreign Corrupt Practices Act (“FCPA”), internal investigations can help companies understand the facts and mount a defense, as Martin De Luca and Scott Nielson explained in a lecture offered by the IBCCRIM (Brazilian Institute for Criminal Sciences).

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As more governments expand their asset forfeiture authority to targets and their advisors need to learn where law enforcements include civil or “non-conviction-based” forfeiture, governments must safeguard critical due process rights. Kobre & Kim’s Evelyn Sheehan, a former U.S. federal prosecutor who was the Deputy Chief of the Asset Forfeiture Division in Miami, discussed “Non-Conviction-based Forfeiture: What Is It and How Is It Used?” at the 39th Cambridge International Symposium on Economic Crime on September 9, 2022.

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Brazil has seen exponential growth in investments from the Middle East, primarily in the agriculture sector given Brazil’s position as the largest exporter of halal meats to the Middle East. Despite Brazil’s growth as a center for Islamic finance, investors should be cautious of fraudulent or non-Shariah compliant investments.

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Congratulations to Evelyn Sheehan and Amanda Tuminelli, who were recognized in the latest Top 20 Citywealth USA Crypto Powerwomen 2022 publication. The publication celebrates some of the best crypto experts in the United States including lawyers and litigators within a crypto native.

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Brazil, one of the largest crypto markets in the world, is contemplating how to best regulate the crypto industry in the years to come. Lessons learned in the U.S. include a real need to balance regulation and innovation, avoid backwards-looking regulation by enforcement and avoid piling on by multiple government agencies. Kobre & Kim and Bottini & Tamasauskas hosted a panel discussion to examine these topics on August 24, 2022 in São Paulo, Brazil.

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Kobre & Kim has been listed among the top U.S. firms with Latin American restructuring practices in the August 2022 special report by Turnarounds and Workouts, a newsletter for people tracking distressed businesses in the United States and Canada.

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The latest Best Lawyers: Ones to Watch in America for 2023 has recognized Stephen Astringer for his top work in “Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law” and “Litigation – Bankruptcy.”

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