News

The rise in cross-border insolvencies of cryptocurrency exchanges and trading platforms creates new challenges for stakeholders, from bankruptcy trustees, liquidators and creditors to victims of fraud looking to recover their stolen digital assets. Differing insolvency regimes make global asset recovery difficult, and bankruptcy estates increasingly have to compete with aggressive government regulators to collect stolen assets.

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High-net-worth families want to avoid contentious wealth transitions and trust disputes that not only could lead to costly litigation, but also unwanted attention from regulators and tax authorities across the globe. Though there are no “right” ways for families to make decisions, successful families have one thing in common: strong family governance. Kobre & Kim’s Adriana Riviere-Badell – who focuses on high-profile trust and estates disputes and multijurisdictional civil litigation – discusses during STEP Miami’s 11th Annual Summit in a session at 3:15 pm Miami time, Friday May 13, 2022.

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The rise in popularity of digital assets like cryptocurrency is inevitably paired with a concurrent rise in fraud and theft. How should victims and other stakeholders approach tracking down and recovering stolen assets when they take a virtual form? Kobre & Kim’s Amanda Tuminelli, who represents clients in the digital currency industry in cross-border asset recovery campaigns, shares her insights during a Chainalysis Link NYC 2022 session at 4:15 pm New York time, May 18, 2022.

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As the use of digital and cryptocurrency rises, so too do instances of crypto fraud and theft, increasing the need for asset recovery specialists, investigators and litigators to adapt their techniques to handle this new technology. Kobre & Kim’s Amanda Tuminelli, who represents clients in the digital currency industry in government investigations, shared her experience in this area at the OffshoreAlert Miami 2022 conference during a panel discussion on April 25, 2022.

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Since the Russian invasion of Ukraine and imposition of sanctions, many foreign companies and investors have sought to divest from and leave Russia. However, Russia has proposed a bill to nationalize the operations of companies that leave, raising the possibility of investor-state disputes and ISDS claims. Kobre & Kim’s Jef Klazen, who focuses on international judgment enforcement and asset recovery against sovereign entities, examined the unique issues presented by this situation during a panel hosted by Columbia Law School on April 12, 2022.

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In response to Russia’s invasion of Ukraine, many countries have imposed unprecedented sanctions on its economy and many individuals. Governments have already frozen or even seized assets, and further sanctions are widely expected. What can and can’t law-abiding trust and corporate service providers do in this rapidly evolving environment? Kobre & Kim’s Miranda Ching – a former case controller and prosecutor at the UK’s Serious Fraud Office – discusses at a STEP Hong Kong webinar at 6:00 pm Hong Kong time / 11:00 am London time, Tuesday, April 19, 2022.

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For creditors trying to recover assets, getting their arbitration awards or judgments recognized in Latin America can be a challenge. Kobre & Kim’s Miami and São Paulo-based Gabriela Ruiz, who focuses on asset recovery and other disputes in Latin America, unpacks the key issues in a virtual lecture hosted by the University of Florida Levin College of Law’s Center for Governmental Responsibility at 12:00 pm Miami time, Wednesday April 6, 2022.

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As blockchain-related technologies – including cryptocurrency and smart contracts – proliferate, related disputes will grow as well, many of which will have to be resolved through arbitration. However, blockchain arbitrations remain rare, and unprecedented challenges may arise. Kobre & Kim’s Calvin Koo, who focuses on APAC digital assets disputes, will discuss these issues during the 6th CARTAL Conference on International Arbitration in a virtual panel at 5:00 pm India time / 7:30 pm Hong Kong time, April 1, 2022.

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Global anti-corruption agencies are increasingly teaming up and pooling together tools to investigate and enforce against corruption around the world, exemplified by the June 2021 U.S. memorandum establishing the fight against corruption as a core national security interest. Kobre & Kim’s Daniel Lee, who focuses on responding to multijurisdictional government enforcement actions from the U.S. and Asia, surveyed the new enforcement landscape in a lecture for the International Anti-Corruption Academy (IACA) on March 22.

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Instances of cyber fraud and ransomware attacks have grown more frequent and sophisticated, with global companies lying in the crosshairs. Kobre & Kim’s Andrew Stafford QC, who focuses on international asset tracing and recovery, joins the C5 Fraud, Asset Tracing & Recovery Geneva conference to share next steps victims should take during a seminar at 10:30 am Geneva time, March 25, 2022.

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Kobre & Kim’s Wade Weems – a Shanghai-based former U.S. Department of Justice (DOJ) prosecutor focused on national security issues – is joining a Guidepost Solutions webinar at 1:00 pm New York time, March 17, 2022. He examines the changes and offers solutions to companies as they face rising risks when the DOJ – though winding down its China Initiative – pivots toward a broader national security policy, dubbed the Strategy for Countering Nation-State Threats, aimed at not only China but also Russia.

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The world of global sports is rife with disputes and investigations, from issues related to integrity, conflict of interest and antitrust surrounding the increasingly lucrative ownership of sports teams by ultra-high-net-worth individuals, investors and companies; to ethics, governance and justice in sports law; to the impact of COVID-19 on the balance sheets of sporting properties. 

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Kobre & Kim’s Jeremy Bressman, who represents corporate clients and individuals facing criminal allegations and enforcement proceedings, as well as in parallel civil litigation, will join a panel at the ThoughtLeaders 4 FIRE Starters Global Summit: Dublin at 11:40 am Dublin time on Thursday, February 24, 2022.

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Attorney-client privilege is taken for granted in many jurisdictions where communications between the two are kept confidential. This is a point of great concern in highly sensitive cross-border cases where protections vary. Vasu Muthyala shared the most important considerations when he joined an American Bar Association virtual roundtable at 10:30 pm Hong Kong time, January 25, 2022.

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U.S. enforcement against securities, derivatives and futures traders has been relentless, and practitioners need to keep up with the shifting enforcement environment. Kobre & Kim’s Jonathan Cogan, who has been counsel in high-profile government enforcement defense matters, joins the American Bar Association’s Derivatives and Futures Law Committee Virtual Winter Meeting to share lessons and insights during a panel at 2:15 pm New York time, January 26, 2022.

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