News

What can targets of large-scale fraud do to get their assets back? Kobre & Kim’s Nada Oteifi, who focuses on cross-border award and judgment enforcement matters, explained how claimants can overcome the most common hurdles to tracing and recovery assets – including by using tools in the Middle East – during Dubai Arbitration Week on a panel on November 15, 2023.

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Obtaining an arbitral award or judgment is usually only the first step for creditors to recover against their debtors. What are some strategies creditors can use to accelerate this process and unlock value? Kobre & Kim’s Dubai-based Richard Clarke and Nada Oteifi, together with Omni Bridgeway, co-hosted a panel discussion during the Dubai Arbitration Week to explore these issues and more on November 14, 2023.

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The growth of artificial intelligence is making waves across the legal industry, and many are wondering how they might affect the legal profession, including for those focused on restructuring and insolvency. Kobre & Kim’s Daniel Saval, who has extensive experience in cross-border insolvency proceedings, will debate this question during the International Cayman Islands Seminar hosted by INSOL International and RISA Cayman, joining the closing session at 4:30 pm local time on November 15, 2023.

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Tightening financial conditions have pushed many Brazilian companies closer to insolvency, and many are looking at their restructuring options. Looking to overseas jurisdictions may offer some of those Brazilian companies additional tools and protective benefits. Kobre & Kim’s Carolina Leung, who focuses on representing companies in cross-border disputes, explains that during the Turnaround Management Association (TMA) Brazil Congress in São Paulo on a panel on Tuesday, October 31, at 4:50 pm local time.

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With recent macroeconomic and policy developments in Greater China and other parts of Asia, distressed credit investors have been in search of new opportunities across regions and sectors. Kobre & Kim’s John Han, who often serves as lead counsel monetizing claims related to Greater China and India for distressed credit investors, shared his insights on current opportunities at the Debtwire APAC Forum on October 10, 2023.

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Evaluating legal risk is the bread and butter of litigation finance -- but as an increasing number of financial institutions come under financial strain and claimants fight over a shrinking pool of assets, collectability risk has become just as important a consideration. Kobre & Kim's Andrew Stafford KC, who focuses on international judgment enforcement and asset recovery, explores collectability in the context of litigation funding at C5's Fraud, Asset Tracing & Recovery conference in Paris during a panel at 2:45pm local time, October 26, 2023.

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The U.S. Department of Justice (DOJ) Antitrust Division’s approach to criminal antitrust enforcement has dramatically evolved in recent years. To examine what this means for practitioners, Kobre & Kim is co-sponsoring “DOJ Criminal Antitrust Enforcement: A Look Back And A Look Ahead,” hosted by the New York State Bar Association (NYSBA) and New York City Bar Association at 6:00 pm New York time on October 18, 2023.

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The international arbitration award enforcement landscape has shifted in recent years. Recent developments have revealed both opportunities and challenges for practitioners, including in disputes against sovereign entities. Kobre & Kim’s Andrew Stafford KC and Kiran Unni, both of whom focus on the enforcement of international judgments and awards, shared their insights at the Istanbul Arbitration Week during a panel on October 3, 2023.

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The international arbitration award enforcement landscape has seen major developments over the past year. Kobre & Kim’s Adriana Riviere-Badell, who focuses on international judgment enforcement and asset recovery, explored what this means for practitioners during the 12th Annual Atlanta International Arbitration Society (AtlAS) Conference in Atlanta, Georgia, on a panel on October 5, 2023.

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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. To discuss all this and more, Kobre & Kim, Bennett Jones, FTI and Chainalysis will co-sponsor CFAAR North America’s Fall event at Chainalysis’ New York office at 3:00 pm, October 12. Kobre & Kim’s Jonathan Cogan, who focuses on high-stakes civil litigation and government enforcement defense matters, will also speak on a panel on successes and trends in crypto litigation and insolvency.

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Fraud and corruption investigations can run for months or years, involving complex considerations that might make or break the investigation. Kobre & Kim’s Carolina Leung, who focuses on representing clients in complex cross border investigations, shared best practices for practitioners on an Asset Recovery Americas panel on September 21, 2023.

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Chinese companies that operate or invest overseas must consider how to navigate scrutiny by overseas law enforcement agencies. In particular, the long-arm jurisdiction of the United States – including through the use of financial sanctions – is of special concern. Kobre & Kim’s Jason Kang, who focuses on China-related disputes, examines the risks and explores mitigation strategies during the China Global Compliance Summit in Beijing at 2:00 pm, September 14.

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U.S. enforcement agencies – including the Department of Justice (DOJ), Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) – are aggressively expanding their white-collar enforcement activities. Many more targets are at risk of facing investigation and trial. 

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Corporations are facing a rising number of customer data breaches and other criminal cyberattacks and cyber-intrusions, often attracting the attention of law enforcement. How should companies respond to a potential investigation? Kobre & Kim’s Michael Sherwin, former Acting U.S. Attorney for the District of Columbia focused on national security matters, explains at the APEX Asset Protection Executive Xchange in Nashville, Tennessee, during a keynote address on September 15, 2023.

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As more governments expand their asset forfeiture authority to include civil or “non-conviction-based” (“NCB”) forfeiture, targets and their advisors should be aware of how prosecutors have wielded this authority and what the limits are. Kobre & Kim’s Evelyn Sheehan, a former U.S. federal prosecutor who was the Deputy Chief of the Asset Forfeiture Division in Miami, explains at the 40th International Symposium on Economic Crime at Cambridge University, UK, during two workshops on Wednesday, September 6, 2023.

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