Many of our engagements involve matters in which our clients face significant public attention. The following is a list of news stories about the firm, our clients, cases and the results we have achieved.
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.
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.
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.
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).
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.
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.
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.
With economic winds shifting in China, more Chinese companies – from both publicly- and privately-held companies to state-owned enterprises – are at risk of default, and many will enter restructuring negotiations. What should both onshore and offshore creditors watch out for as they seek to protect their interests? Kobre & Kim’s Shanghai-based Jason Kang, who focuses on complex Greater China disputes, will dives into the topic during the ALB China Debt Restructuring Forum 2022 in Beijing, August 25, 2022.
Kobre & Kim’s Evelyn Sheehan, a former U.S. prosecutor focused on international asset recovery, spoke about the need for collaboration between the public and private sectors when trying to maximize asset recovery for victims of crypto fraud.
Despite the impact they have on headlines, digital assets – including cryptocurrencies and non-fungible tokens (NFTs) – are relatively new technologies and forms of property. As these assets become increasingly mainstream, legal systems around the world are having to reckon with them as they become subject to regulations, thefts and disputes.
Kobre & Kim’s Michael M. Rosen, who focuses on cross-border intellectual property disputes, moderates a live panel on the debate over intellectual property protections for COVID-19 vaccines from 2:30 pm to 3:30 EST, June 21, 2022, at the AEI Auditorium in Washington, DC.
As Chinese companies increasingly integrate around the globe, and as they become involved in more cross-border arbitration disputes, the need is rising for sophisticated practitioners who can take any resulting arbitral awards and enforce them across borders. Kobre & Kim’s Jason Kang, who focuses on a wide range of China-related cross-border disputes and award enforcement campaigns, shares his perspective on enforcing international arbitration awards during a virtual talk from 2:00 pm to 6:00 pm Shanghai time, June 10, 2022.
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.
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.
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.