News

Having a claim is a first step, and winning a favorable award is only the second – critically for the client, the award must still be turned into hard cash. Kobre & Kim’s Andrew Stafford KC and Kiran Unni, who both focus on specialized cross-border monetization of large awards and judgments against sovereigns and commercial debtors explained during a panel at the Istanbul Arbitration Week on October 11, 2022, how to deploy those specialized skills to smooth the pathway to monetization.

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From starting a career in cross-border claim monetization and dilution to the importance of creative thinking to drive settlement catalysts and outcomes, Kobre & Kim’s John Han shared his insights as a practitioner during Mandarin Arbitration Salon’s latest “国际仲裁者对话” (“Chinese Arbitration Conversations”) session on October 5, 2022.

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With liquidity risks rising in the Chinese property sector in particular, investors are looking for solutions – as well as opportunities. Kobre & Kim’s John Han and Jason Kang, who both focus on Greater China and Asia-related distressed debt monetization, share their insights during two respective panels at the Debtwire Forum Asia Pacific in Hong Kong on October 13, 2022.

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As China’s real estate industry continues to show signs of distress, offshore investors are likely to see rising risks as well as rising opportunities. Kobre & Kim’s Shanghai-based Jason Kang, who focuses on complex China-related multijurisdictional disputes, explains during the Asian American Bar Association of New York (AABANY) Fall Conference 2022 on a panel at 9:00 am New York time, October 8, 2022.

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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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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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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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Though China’s Belt and Road Initiative (BRI) has opened up investment and development opportunities for Chinese companies – including state-owned enterprises (SOEs) – around the world, recent geopolitical events such as the Russian invasion of Ukraine have highlighted the international risks these companies face. Kobre & Kim’s Shanghai-based Jason Kang and Jian Wu explore risk management strategies during a virtual event at 9:00 am Shanghai time, August 20, 2022.

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