John Han | Kobre & Kim — Disputes and Investigations

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John Han

Lawyer

Hong Kong

Champion Tower, 25th Floor
3 Garden Road
Central, Hong Kong

+852 2127 3291

john.han@kobrekim.com.hk
vCard Download

Hong Kong

Champion Tower, 25th Floor
3 Garden Road
Central, Hong Kong

+852 2127 3291

john.han@kobrekim.com.hk
vCard Download

Biography
Engagements
News
Credentials
Publications & Presentations
Professional & Community Involvement

John Han is an accomplished litigator and strategist who helps clients achieve business objectives in matters involving Greater China, offshore and other jurisdictions throughout the world. Mr. Han has acted as lead counsel in global matters involving monetization and demonetization of high yield bonds, personal guarantees, claims, judgments and arbitral awards in the US$ nine to ten figures.

Mr. Han has acted as lead counsel in a wide range of cross-border disputes involving monetization and demonetization of claims, judgments and arbitral awards in the US$ nine to ten figures both against and on behalf of governments, state-owned enterprises, and multinational corporations. The matters often involve fraud or misconduct.

He regularly leads large-scale cross-border matters to monetize substantial defaulted PRC loan and guarantee portfolios where assets are concealed through complex offshore structures, trusts, and foundations, and where debtors and decision-makers are found in Europe, EMEA, and the U.S.

Mr. Han also represents multinational corporations, state-owned enterprises and ultra-high-net-worth individuals in matters involving simultaneous strategies in multiple jurisdictions—recently Singapore, Hong Kong, Korea, Japan, England and Wales, offshore jurisdictions, and U.S. federal and state courts.

He has been cited on topics involving cross-border judgment and arbitration award monetization by publications including The Wall Street Journal, the Financial Times, the New York Times, Bloomberg, Global Arbitration Review and Business Times.

Mr. Han is admitted as a Solicitor Advocate in Hong Kong, in the United States, in the Dubai International Financial Centre Courts and in the Astana International Financial Centre Court. He is a Beijing native and fluent Mandarin Chinese speaker. Before joining Kobre & Kim, Mr. Han practiced at Covington & Burling LLP. Earlier in his career, he served as a law clerk to the U.S. Court of Appeals for the Eighth Circuit.

SERVICES

International Judgment Enforcement & Offshore Asset Recovery Government Enforcement Defense Investigations, Examinations & Monitorships Financial Products & Services Litigation Intellectual Property & Technology Litigation Claim Monetization & Dilution Offensive Investigations International Private Client

Admissions

Solicitor, Hong Kong
Solicitor Advocate, Hong Kong Higher Rights of Audience
New York
U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Second Circuit
U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of New York
Dubai International Financial Centre Courts
Astana International Financial Centre Court (AIFC)

Education

University of Chicago Law School, JD (University of Chicago Law Review, Executive Editor)
University of California, Berkeley, MIMS
Kalamazoo College, BA

Languages

Mandarin

Clerkships

Honorable Steven M. Colloton, U.S. Court of Appeals for the Eighth Circuit

SERVICES

Select Engagements

Claim Monetization & Dilution

Representation of a public-listed Chinese company, to seek the dilution of a California high eight figure USD judgment.
Representation of Shanghai Lan Cai Asset Management Co. Ltd. in the international enforcement of an arbitration award received in Beijing International Arbitration Center against a high-profile Chinese businessman with operations and assets in the British Virgin Islands and United States.
Representation of China-based judgment creditors in the international enforcement of a HKIAC arbitration award against a Chinese debtor with operations and assets in Hong Kong, the British Virgin Islands, United States, United Kingdom and the People's Republic of China.
Representation of a judgment creditor in Korea in the international enforcement of a default judgment affirmed by the Supreme Court of the Republic of Korea, against a judgment debtor with operations and assets in Hong Kong, the British Virgin Islands, Canada and several other locations.
Representation of Chevron in the successful enforcement of an investment treaty arbitration award against the Republic of Ecuador for US $100 million+ (with interest). Kobre & Kim's efforts in executing an enforcement strategy, including asset tracing, efforts to identify seizure targets, and the service of numerous discovery requests, culminated in Ecuador's paying Chevron the entirety of the original award plus interest.
Representation of a chemical company in connection with developing and implementing a comprehensive asset tracing and recovery plan relating to a US $900+ million verdict rendered in its favor.
Representation of hedge fund investment manager and its principals in litigation over US $280 million in losses stemming from the Ponzi scheme associated with Bernard Madoff.
Representation of plaintiffs in a vitamin C price-fixing antitrust class action in enforcing a US $147 million+ judgment of a New York court against Chinese companies.
Representation of Hong Kong-based investment funds owed over US $200 million in their enforcement of a judgment award against the debtors based on defaulted bond debt, involving simultaneous proceedings in New York state court, Alabama bankruptcy court and the India High Court. The case team successfully obtained orders from the New York court requiring the judgment debtors to turn over their cash and equity interests in various subsidiaries and the appointment of a receiver, and obtained a rare dismissal of the judgment debtors’ Chapter 11 bankruptcy cases that were filed in an attempt to block the enforcement campaign.

Government Enforcement Defense

Representation of a major multinational company in an internal investigation regarding possible fraud and Foreign Corrupt Practices Act (FCPA) issues stemming from their operations in Asia.
Representation of a foreign agent of a company in Malaysia in responding to a subpoena issued by the U.S. Department of Justice (DOJ) relating to potential FCPA violations.
Representation of a Chinese national charged in the Southern District of New York with various offenses related to an alleged economic espionage scheme.
Representation of individual in combined DOJ and Federal Energy Regulatory Commission (FERC) investigation into futures trading.
Representation of an insurance industry executive in connection with investigations conducted by the New York State Attorney General's Office, the DOJ and the U.S. Securities and Exchange Commission (SEC) into alleged accounting fraud and bid-rigging.

Investigations & Monitorships

Conducted highly sensitive internal investigation on behalf of a Macau-based gaming company relating to allegations of money laundering by a senior executive.
Representation of a senior executive of a global investment bank in connection with investigations by U.S. and Hong Kong banking regulators and criminal authorities regarding allegations of bribery.

Financial Products & Services Litigation

Representation of a sovereign wealth fund in a legal proceeding to recover damages for breach of fiduciary duty.
Representation of the Federal Housing Finance Agency (FHFA), as conservator for Fannie Mae and Freddie Mac, in the enforcement of FHFA's subpoenas to major Wall Street banks issued pursuant to the Housing and Economic Recovery Act of 2008 and related to litigation concerning mortgage-backed securities in which Fannie Mae and Freddie Mac invested.
Representation of an officer of a large insurance company in class-action litigation and a New York State Attorney General's investigation into practices related to the placement and underwriting of insurance by one of the largest reinsurers in the United States.

Joint Venture & Partnership Disputes

Representation of a member of a limited liability company in a joint venture dispute with a private equity firm/limited liability company to compete for control of a major business in the nightclub and gaming industry, involving litigation in New York and Nevada.

Debtor Representations

Representation of a PRC electronics manufacturer to defend against efforts to enforce a nine figure USD judgment entered in a U.S. district court in jurisdictions around the world.
Representation of a Chinese LED manufacturer in a global strategy to demonetize claim brought by competitor for US $50 million.

SERVICES

Professional & Community Involvement

Hong Kong Law Society, Member
Hong Kong Institute of Certified Public Accountants, Member
Chinese Business Lawyers Association, Member
American Chamber of Commerce in Hong Kong, Member
American Bar Association, Member
Asian American Bar Association of New York, Member
New York State Bar Association, Member
Federal Bar Council, Member

SERVICES

Publications & Presentations

Panelist, "Strategies in Monetization of Arbitral Awards Against Greater China-Based Debtors" (Hong Kong Arbitration Week, Hong Kong, October 2021)
Co-author, "Hong Kong-China Cross Border Insolvency Agreement Gives Creditors Greater Access to Assets in China" (Law.com International, July 2021)
Co-author, "BVI court issues 'groundbreaking' committal order against extraterritorial debtor" (Global Restructuring Review, March 2021)
Co-author, "The Hong Kong Wealth Shift: Pitfalls for Wealth Professionals and the Ultra-Wealthy" (Law.com International, September 2020)
Co-author, "Using US Discovery in Hong Kong Cases" (Hong Kong Lawyer, May 2017)
Co-author, "Execution and Judgment Enforcement in the United States" (ABA International Aspects of U.S. Litigation, February 2017)
Speaker, “International Judgment Enforcement” (Courses & Seminars, Hong Kong Continuing Professional Development, Hong Kong, July 2015)
Author, “Year of the Asian Regulator” (FinanceAsia, January 2015)
Author, “A Proposal for Party Determined COMI in Cross-Border Insolvencies of Multinational Corporate Groups” (Journal of Bankruptcy Law and Practice, 2007)
Author, "Antitrust and Sharing Information About Product Quality" (University of Chicago Law Review, 2007)

SERVICES

Credentials

Admissions

Solicitor, Hong Kong
Solicitor Advocate, Hong Kong Higher Rights of Audience
New York
U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Second Circuit
U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of New York
Dubai International Financial Centre Courts
Astana International Financial Centre Court (AIFC)

Education

University of Chicago Law School, JD (University of Chicago Law Review, Executive Editor)
University of California, Berkeley, MIMS
Kalamazoo College, BA

Languages

Mandarin

Clerkships

Honorable Steven M. Colloton, U.S. Court of Appeals for the Eighth Circuit

Engagements

Claim Monetization & Dilution

Representation of a public-listed Chinese company, to seek the dilution of a California high eight figure USD judgment.
Representation of Shanghai Lan Cai Asset Management Co. Ltd. in the international enforcement of an arbitration award received in Beijing International Arbitration Center against a high-profile Chinese businessman with operations and assets in the British Virgin Islands and United States.
Representation of China-based judgment creditors in the international enforcement of a HKIAC arbitration award against a Chinese debtor with operations and assets in Hong Kong, the British Virgin Islands, United States, United Kingdom and the People's Republic of China.
Representation of a judgment creditor in Korea in the international enforcement of a default judgment affirmed by the Supreme Court of the Republic of Korea, against a judgment debtor with operations and assets in Hong Kong, the British Virgin Islands, Canada and several other locations.
Representation of Chevron in the successful enforcement of an investment treaty arbitration award against the Republic of Ecuador for US $100 million+ (with interest). Kobre & Kim's efforts in executing an enforcement strategy, including asset tracing, efforts to identify seizure targets, and the service of numerous discovery requests, culminated in Ecuador's paying Chevron the entirety of the original award plus interest.
Representation of a chemical company in connection with developing and implementing a comprehensive asset tracing and recovery plan relating to a US $900+ million verdict rendered in its favor.
Representation of hedge fund investment manager and its principals in litigation over US $280 million in losses stemming from the Ponzi scheme associated with Bernard Madoff.
Representation of plaintiffs in a vitamin C price-fixing antitrust class action in enforcing a US $147 million+ judgment of a New York court against Chinese companies.
Representation of Hong Kong-based investment funds owed over US $200 million in their enforcement of a judgment award against the debtors based on defaulted bond debt, involving simultaneous proceedings in New York state court, Alabama bankruptcy court and the India High Court. The case team successfully obtained orders from the New York court requiring the judgment debtors to turn over their cash and equity interests in various subsidiaries and the appointment of a receiver, and obtained a rare dismissal of the judgment debtors’ Chapter 11 bankruptcy cases that were filed in an attempt to block the enforcement campaign.

Government Enforcement Defense

Representation of a major multinational company in an internal investigation regarding possible fraud and Foreign Corrupt Practices Act (FCPA) issues stemming from their operations in Asia.
Representation of a foreign agent of a company in Malaysia in responding to a subpoena issued by the U.S. Department of Justice (DOJ) relating to potential FCPA violations.
Representation of a Chinese national charged in the Southern District of New York with various offenses related to an alleged economic espionage scheme.
Representation of individual in combined DOJ and Federal Energy Regulatory Commission (FERC) investigation into futures trading.
Representation of an insurance industry executive in connection with investigations conducted by the New York State Attorney General's Office, the DOJ and the U.S. Securities and Exchange Commission (SEC) into alleged accounting fraud and bid-rigging.

Investigations & Monitorships

Conducted highly sensitive internal investigation on behalf of a Macau-based gaming company relating to allegations of money laundering by a senior executive.
Representation of a senior executive of a global investment bank in connection with investigations by U.S. and Hong Kong banking regulators and criminal authorities regarding allegations of bribery.

Financial Products & Services Litigation

Representation of a sovereign wealth fund in a legal proceeding to recover damages for breach of fiduciary duty.
Representation of the Federal Housing Finance Agency (FHFA), as conservator for Fannie Mae and Freddie Mac, in the enforcement of FHFA's subpoenas to major Wall Street banks issued pursuant to the Housing and Economic Recovery Act of 2008 and related to litigation concerning mortgage-backed securities in which Fannie Mae and Freddie Mac invested.
Representation of an officer of a large insurance company in class-action litigation and a New York State Attorney General's investigation into practices related to the placement and underwriting of insurance by one of the largest reinsurers in the United States.

Joint Venture & Partnership Disputes

Representation of a member of a limited liability company in a joint venture dispute with a private equity firm/limited liability company to compete for control of a major business in the nightclub and gaming industry, involving litigation in New York and Nevada.

Debtor Representations

Representation of a PRC electronics manufacturer to defend against efforts to enforce a nine figure USD judgment entered in a U.S. district court in jurisdictions around the world.
Representation of a Chinese LED manufacturer in a global strategy to demonetize claim brought by competitor for US $50 million.

News

Professional & Community Involvement

Hong Kong Law Society, Member
Hong Kong Institute of Certified Public Accountants, Member
Chinese Business Lawyers Association, Member
American Chamber of Commerce in Hong Kong, Member
American Bar Association, Member
Asian American Bar Association of New York, Member
New York State Bar Association, Member
Federal Bar Council, Member

Publications & Presentations

Panelist, "Strategies in Monetization of Arbitral Awards Against Greater China-Based Debtors" (Hong Kong Arbitration Week, Hong Kong, October 2021)
Co-author, "Hong Kong-China Cross Border Insolvency Agreement Gives Creditors Greater Access to Assets in China" (Law.com International, July 2021)
Co-author, "BVI court issues 'groundbreaking' committal order against extraterritorial debtor" (Global Restructuring Review, March 2021)
Co-author, "The Hong Kong Wealth Shift: Pitfalls for Wealth Professionals and the Ultra-Wealthy" (Law.com International, September 2020)
Co-author, "Using US Discovery in Hong Kong Cases" (Hong Kong Lawyer, May 2017)
Co-author, "Execution and Judgment Enforcement in the United States" (ABA International Aspects of U.S. Litigation, February 2017)
Speaker, “International Judgment Enforcement” (Courses & Seminars, Hong Kong Continuing Professional Development, Hong Kong, July 2015)
Author, “Year of the Asian Regulator” (FinanceAsia, January 2015)
Author, “A Proposal for Party Determined COMI in Cross-Border Insolvencies of Multinational Corporate Groups” (Journal of Bankruptcy Law and Practice, 2007)
Author, "Antitrust and Sharing Information About Product Quality" (University of Chicago Law Review, 2007)