News

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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Unlike many other investment treaty arbitrations, Elliott Associates v Republic of Korea is a case where the parties’ submissions are public, providing valuable insight into the international arbitral process. Kobre & Kim’s Robin Baik, who led the firm’s team in representing Elliott to win their recent US $108 million award against the Korean government, shares his perspectives on the case and investment treaty disputes more broadly during a breakfast event hosted by Three Crowns on Thursday, August 31 in Singapore.

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The art market faces a unique set of crime risks and a variety of approaches to address those risks. Kobre & Kim’s Lara Levinson, who focuses on complex civil litigation, regulatory and internal investigations, and asset forfeiture and recovery matters, joins a Rahman Ravelli and ThoughtLeaders4 webinar examining these risks faced by the art world at 11:00 am UK time on Monday, September 4.

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For creditors in the People’s Republic of China, Hong Kong can and often should be the primary springboard to launch a cross-border enforcement campaign to trace and recover funds. Kobre & Kim’s Jian Wu and Jason Kang, who both focus on the monetization of claims involving the region, examine what a Hong Kong-based global enforcement strategy may look like during a session hosted by the Hong Kong International Arbitration Centre (HKIAC) in Shenzhen on July 21, 2023.

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The availability and process of obtaining information varies in different jurisdictions around the world. Global counsel to navigate and leverage such differences is key to success in cross-border disputes. Kobre & Kim’s Kunhee Cho explored this process during a presentation at the International Association of Korean Lawyers European Conference on July 8, 2023.

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Kobre & Kim’s Calvin Koo joined a panel featured on the Global Arbitration Review (GAR) Academy course ‘Fundamentals of International Arbitration’ to discuss Award Enforcement planning and strategy.

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Kobre & Kim’s Robin Baik spoke at an event co-hosted by the Korean Ministry of Trade, Industry and Energy and the Korean Commercial Arbitration Board on June 28, 2023. His presentation addressed the status quo of complex global disputes and aggressive litigation tactics applicable to such disputes, with particular emphasis on offensive investigation.

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