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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 

John Han is a litigator and advocate who helps clients achieve business objectives in matters involving Greater China, other parts of APAC, the U.S. and offshore jurisdictions including the British Virgin Islands and the Cayman Islands.

Mr. Han has acted as lead counsel in a wide range of cross-border disputes involving monetization of bonds, loans, judgments and awards on behalf of investors, states, state-owned enterprises and multinational corporations.

He regularly leads large-scale cross-border matters to monetize substantial defaulted offshore bonds, guarantees and loans where assets are concealed through complex offshore structures, trusts and foundations.

Mr. Han also represents clients in matters involving simultaneous strategies in multiple jurisdictions—recently Singapore, Hong Kong, Korea, Japan, India, Channel Islands, England and Wales, offshore jurisdictions and U.S. federal and state courts.

He has been cited on topics involving cross-border bond and loan monetization by The Wall Street Journal, The New York Times, Reuters, Bloomberg, Global Restructuring Review and Global Arbitration Review.

Mr. Han is admitted as a Solicitor Advocate in Hong Kong and admitted in the courts of the Dubai International Financial Centre, the Astana International Financial Centre Court and in the United States.

SERVICES

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.

Special Situations Disputes

  • 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, “Asset Recovery on a Global Scale – Judgments, Awards and Everything in Between” (7th IBA Asia Pacific Regional Forum Biennial Conference, Singapore, February 2023)
  • Panelist, “Bankruptcy, Insolvency, Disputes and Restructuring Conference” (Restructuring Insolvency and Legal Practitioners Association (RILPA), November 2022)
  • Panelist, “Cutting Off Illicit Trade at the Source: Attack the Assets” (Hong Kong Association of Corporate Counsel, November 2022)
  • Speaker, “Chinese Arbitration Conversations” (Mandarin Arbitration Salon, October 2022)
  • Moderator, “China: More Trouble on the Horizon?” (Debtwire Forum Asia Pacific, Hong Kong, October 2022)
  • Panelist, “Focus on the APAC Region” (3rd Global NPL Conference, October 2021)
  • Panelist, "Strategies in Monetization of Arbitral Awards Against Greater China-Based Debtors" (Hong Kong Arbitration Week, Hong Kong, October 2021)
  • Panelist, “How to Secure Chinese Investments in Brazil” (Warde Advogados, September 2021)
  • Co-author, “Tahoe Group Bond Default: Bondholders Should Look Beyond Traditional Restructuring” (Reorg, August 2021)
  • Co-author, "Hong Kong-China Cross Border Insolvency Agreement Gives Creditors Greater Access to Assets in China" (Law.com International, July 2021)
  • Panelist, “Asia’s Credit Market Outlook – Seizing Opportunities” (ALB Hong Kong and Greater China Debt & Restructuring Forum 2021, Hong Kong, May 2021)
  • Panelist, “China Fortune Land Development State of Play, Trading in Distressed Debt Through Creative Enforcement” (Reorg, March 2021)
  • Co-author, "BVI court issues 'groundbreaking' committal order against extraterritorial debtor" (Global Restructuring Review, March 2021)
  • Co-author, “如何向贾跃亭追债？内地仲裁早就能在境外执行” (Caixin, December 2020)
  • Co-author, “Hong Kong court looks at ‘choice of remedies’ doctrine and power to correct awards” (Global Arbitration Review, December 2020)
  • Panelist, “Hot Off the Press, or Hot on the Internet” (Asset Recovery Asia, October 2020)
  • Co-author, "The Hong Kong Wealth Shift: Pitfalls for Wealth Professionals and the Ultra-Wealthy" (Law.com International, September 2020)
  • Co-author, “‘No More Special Treatment’: The Likely Legal Effects of Hong Kong’s Loss of Preferred Trading Status with the United States” (Hong Kong Lawyer, July 2020)
  • Speaker, “Partnering with Governments to Deter and Monetize IP Theft and Counterfeiting in Greater China and SE Asia” (Association of Corporate Counsel, Hong Kong, June 2019)
  • Panelist, “How to Choose the Right Legal Route with Limited Information” (KNect Asset Recovery Asia, Singapore, May 2019)
  • Speaker, “Maximizing Recovery in International Arbitration” (Hong Kong International Arbitration Centre Pre-Dispute Strategy Workshop, Hong Kong, October 2018)
  • Co-speaker, “Arbitration Award Recognition and Enforcement” (Tiantong Law Firm, Shenzhen, October 2018)
  • Speaker, “Enforcement of Large Judgments and Arbitration Awards” (Hong Kong Institute of Chartered Secretaries, Hong Kong, February 2018)
  • Co-author, “Recent Actions By US Regulators Expose Local Virtual Currency Businesses to Pandora’s Box of Legal Risks” (Hong Kong Lawyer, September 2017)
  • Co-author, “US Law Firms Face Discovery Of Foreign Clients’ Records” (Law360, June 2017)
  • Co-author, “Using US Discovery for Proceedings in Asia” (Asia Business Law Journal, June 2017)
  • 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.

Special Situations Disputes

  • 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, “Asset Recovery on a Global Scale – Judgments, Awards and Everything in Between” (7th IBA Asia Pacific Regional Forum Biennial Conference, Singapore, February 2023)
  • Panelist, “Bankruptcy, Insolvency, Disputes and Restructuring Conference” (Restructuring Insolvency and Legal Practitioners Association (RILPA), November 2022)
  • Panelist, “Cutting Off Illicit Trade at the Source: Attack the Assets” (Hong Kong Association of Corporate Counsel, November 2022)
  • Speaker, “Chinese Arbitration Conversations” (Mandarin Arbitration Salon, October 2022)
  • Moderator, “China: More Trouble on the Horizon?” (Debtwire Forum Asia Pacific, Hong Kong, October 2022)
  • Panelist, “Focus on the APAC Region” (3rd Global NPL Conference, October 2021)
  • Panelist, "Strategies in Monetization of Arbitral Awards Against Greater China-Based Debtors" (Hong Kong Arbitration Week, Hong Kong, October 2021)
  • Panelist, “How to Secure Chinese Investments in Brazil” (Warde Advogados, September 2021)
  • Co-author, “Tahoe Group Bond Default: Bondholders Should Look Beyond Traditional Restructuring” (Reorg, August 2021)
  • Co-author, "Hong Kong-China Cross Border Insolvency Agreement Gives Creditors Greater Access to Assets in China" (Law.com International, July 2021)
  • Panelist, “Asia’s Credit Market Outlook – Seizing Opportunities” (ALB Hong Kong and Greater China Debt & Restructuring Forum 2021, Hong Kong, May 2021)
  • Panelist, “China Fortune Land Development State of Play, Trading in Distressed Debt Through Creative Enforcement” (Reorg, March 2021)
  • Co-author, "BVI court issues 'groundbreaking' committal order against extraterritorial debtor" (Global Restructuring Review, March 2021)
  • Co-author, “如何向贾跃亭追债？内地仲裁早就能在境外执行” (Caixin, December 2020)
  • Co-author, “Hong Kong court looks at ‘choice of remedies’ doctrine and power to correct awards” (Global Arbitration Review, December 2020)
  • Panelist, “Hot Off the Press, or Hot on the Internet” (Asset Recovery Asia, October 2020)
  • Co-author, "The Hong Kong Wealth Shift: Pitfalls for Wealth Professionals and the Ultra-Wealthy" (Law.com International, September 2020)
  • Co-author, “‘No More Special Treatment’: The Likely Legal Effects of Hong Kong’s Loss of Preferred Trading Status with the United States” (Hong Kong Lawyer, July 2020)
  • Speaker, “Partnering with Governments to Deter and Monetize IP Theft and Counterfeiting in Greater China and SE Asia” (Association of Corporate Counsel, Hong Kong, June 2019)
  • Panelist, “How to Choose the Right Legal Route with Limited Information” (KNect Asset Recovery Asia, Singapore, May 2019)
  • Speaker, “Maximizing Recovery in International Arbitration” (Hong Kong International Arbitration Centre Pre-Dispute Strategy Workshop, Hong Kong, October 2018)
  • Co-speaker, “Arbitration Award Recognition and Enforcement” (Tiantong Law Firm, Shenzhen, October 2018)
  • Speaker, “Enforcement of Large Judgments and Arbitration Awards” (Hong Kong Institute of Chartered Secretaries, Hong Kong, February 2018)
  • Co-author, “Recent Actions By US Regulators Expose Local Virtual Currency Businesses to Pandora’s Box of Legal Risks” (Hong Kong Lawyer, September 2017)
  • Co-author, “US Law Firms Face Discovery Of Foreign Clients’ Records” (Law360, June 2017)
  • Co-author, “Using US Discovery for Proceedings in Asia” (Asia Business Law Journal, June 2017)
  • 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)