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Claim Monetization & Dilution

Kobre & Kim represents broad classes of investors, creditors, and their fiduciaries in situations where there is a risk that a debtor will not pay in full, as well as debtors targeted by creditors in similar distressed situations. We deploy aggressive, creative strategies that go beyond legal maneuvers, combining traditional legal skill sets with non-legal disciplines to deliver on a client’s commercial goals.

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Events January 17, 2023

Andrew Stafford KC Explores Challenges of Enforcing Arbitral Awards Against State-Owned Entities

With more companies in the energy and other industries bringing arbitrations against state-owned entities, what are the unique challenges that come when it is time to enforce the resulting awards? Kobre & Kim’s Andrew Stafford KC, who focuses on complex international enforcement against sovereign judgment and award debtors, offers his insights during the 11th ITA-IEL-ICC Joint Conference on International Energy Arbitration in Houston on a panel at 10:00 am local time, January 20.

Client Alert January 9, 2023

Leveraging the U.S. Legal System in Brazil to Increase the Chances of Recovery from Fraud

Victims of large-scale and sophisticated fraud in Brazil may struggle to recover their assets by only using tools available in the domestic legal system.
However, a growing interest in fighting cross-border crime by U.S. authorities, together with the power of tools in the U.S., provide victims with a potentially better path to success.
Our cross-border team explains what strategies victims can deploy to achieve results.

Accolades December 22, 2022

Kobre & Kim, Peter Tyers-Smith Earns Recognitions in The Legal 500’s “Cayman Islands: Dispute Resolution”

The Legal 500 has recognized Kobre & Kim in its latest “Cayman Islands: Dispute Resolution” rankings, as well as listing Peter Tyers-Smith among its “Leading Individuals” in the category,

Client Alert December 22, 2022

Defensive and Counter-Offensive Strategies for High-Yield Debt Issuers and Private Borrowers

Tightening global credit conditions will put more corporate high-yield debt issuers and private borrowers from emerging markets at risk of default.
This can spiral into complex cross-border disputes with creditors, threatening the company’s survival.
Fortunately, there are creative and aggressive strategies available for debtors to limit their exposure and protect their bottom lines.

Client Alert December 14, 2022

Enforcing a Foreign Judgment in the UAE: New Opportunities

The United Arab Emirates (UAE) is becoming increasingly friendly to global judgment creditors looking to enforce their judgments.
Recent developments signal increased receptivity to fast-tracking recognition and enforcement through reciprocity.
We survey the landscape and look at how the country can form a crucial part of a worldwide enforcement campaign.

Client Alert December 7, 2022

Enforcing Minority Shareholder Rights in Asia: A Comparative Guide to Just and Equitable Winding Up

Minority shareholders have options to stand up to majority shareholders and directors, such as unfair prejudice claims or derivative actions.
However, if these do not achieve the desired result, one more tool is available to exert pressure: a just and equitable winding up.
We lay out how this tool can be applied in five key jurisdictions for corporate structures in Asia.

Events November 28, 2022

Jef Klazen Explores Special Problems in Cross-Border Judgment Enforcement During Asset Recovery Americas Conference

Engaging in high-stakes litigation, investigation and enforcement of judgments and awards in the U.S. and Latin America is never easy, but there are challenging situations where even the most seasoned practitioners must think outside the box to deliver for their clients. Kobre & Kim’s Jef Klazen, who focuses on international asset recovery and judgment enforcement, shares some insights at the Asset Recovery Americas conference in New York on a panel at 12:30 pm local time, December 2, 2022.

Publications November 23, 2022

Calvin Koo Lays Out Roadmap for Recovering Stolen Digital Assets in Hong Kong for the Hong Kong Lawyer

Hong Kong is a global financial center with a common law legal system, useful judicial tools for asset tracing and recovery, as well as sophisticated law enforcement, making it a key jurisdiction for those recovering their digital assets from fraud or other property disputes. Kobre & Kim’s Hong Kong-based Calvin Koo, who focuses on tracing and recovering digital assets, laid out a roadmap for recovery in an article for the Hong Kong Lawyer.

Events November 8, 2022

Paul Hughes and John Han Explore Middle East Insolvency Disputes Trends in Dubai Seminar

Dubai is solidifying its role as a hub for resolving contentious insolvency and distressed debt disputes in the Middle East and around the world. Kobre & Kim’s Paul Hughes and John Han will examine the recent trends and developments in this area during a seminar hosted by the Restructuring Insolvency and Legal Practitioners Association (RILPA) in Dubai at 8:30 am local time, November 15, 2022.

Events November 7, 2022

Jason Masimore, John Han, Michael Ng on Asset-Focused Strategies to Fight Illicit Trade in Hong Kong ACC Webinar

Illicit trade is a low-risk, high-reward venture for criminals at the expense of companies whose goods are being trafficked. Fighting the traffickers to protect the company’s business has always been a drain on resources – but as Kobre & Kim’s Jason Masimore, John Han and Michael Ng explained during a webinar hosted by the Hong Kong Association of Corporate Counsel on November 2, in-house counsel can deploy new strategies that increase effectiveness and generate possible returns.

Publications November 2, 2022

Law.com International Profiles Kobre & Kim’s “Thriving” Brazil Office

Kobre & Kim’s launch and expansion of its São Paulo office during the height of the pandemic in 2020 has paid dividends, according to Kobre & Kim’s Gabriela Ruiz and Leonardo Palhares when they sat down with Law.com International, highlighting the firm’s thriving regional business, ability to represent large Brazilian companies and individuals globally when litigation arises and on-the-ground Lusophone team.

Client Alert October 21, 2022

Global Crisis Management For Targets of Large-Scale Crypto Fraud

When crypto and blockchain companies, funds or exchanges find themselves the target of a sophisticated, large-scale fraud or cyber attack, speed through global reach is key.
Companies often make impulsive decisions that imperil their recovery chances and business interests.
The pseudonymous and borderless nature of cryptocurrency means companies need to take a cross-border and nontraditional approach to maximize success.

Publications October 17, 2022

Calvin Koo on Hong Kong’s Changing Landscape in Cryptocurrency Regulation and Recovery

As conduits of the flow of global capital, financial centers such as Hong Kong see their share of illicit funds flow through their shores. This includes cryptocurrency, which bad actors increasingly turn to in their fraudulent schemes. Kobre & Kim’s Calvin Koo, who focuses on tracing and recovering digital currencies for corporate and individual victims of fraud, sat down with DigFin to examine the changing landscape and discuss how a new association of crypto lawyers he co-founded in Hong Kong can help the industry adapt.

Events October 12, 2022

Andrew Stafford KC and Kiran Unni on Turning a Claim into Cash During Istanbul Arbitration Week

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.

Client Alert October 12, 2022

Maximize Shareholder Value: Activist Investor Strategies in Korea

Recent developments in Korea have made Korean chaebols attractive to overseas activist investors.
However, the intricacies of Korean capital markets and legal practice, and the influence of chaebols, mean investors need to tread carefully.
Only by engaging in creative strategies that consider local and overseas factors can investors have the greatest chance of maximizing shareholder value.

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