Claim Monetization & Dilution | Kobre & Kim — Disputes and Investigations

Firm News June 7, 2022

Andrew Stafford KC Named to Law360 International Arbitration Editorial Advisory Board

Andrew Stafford KC has been named to Law360’s 2022 International Arbitration Editorial Board. The editorial advisory board provides feedback on Law360’s coverage and expert insight on how best to shape future coverage.

Events June 6, 2022

Jason Kang on Cross-Border Arbitral Award Enforcement in China

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.

Accolades May 31, 2022

Richard Clarke Recognized as “Rising Star” in The Legal 500’s United Arab Emirates Rankings

Dubai-based English barrister Richard Clarke has been recognized as a “Rising Star” by The Legal 500’s latest rankings of the top firms and practitioners in the United Arab Emirates for Dispute Resolution: Arbitration and International Litigation.

Events May 31, 2022

Kobre & Kim Team Unpacks Cross-Border Cryptocurrency Insolvencies in GRR Webinar

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.

Publications May 18, 2022

Jason Kang, Chang Liu, Kairu Huang in Caijing: Chinese Companies Should Take Note of the Poison Pill

The implementation of a poison pill by Twitter’s board of directors in response to Elon Musk’s acquisition may have increased the final offer accepted by the board by up to US $1 billion, demonstrating the effectiveness of this measure at empowering the board. As Kobre & Kim’s Greater China-based lawyers Jason Kang and Chang Liu – together with analyst Kairu Huang – wrote in Caijing, Chinese companies can gain much from poison pills in corporate disputes.

Events May 18, 2022

Kobre & Kim and Global Restructuring Review To Host Discussion on Cross-Border Insolvencies and Cryptocurrency

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.

Events May 9, 2022

Amanda Tuminelli Joins Chainalysis Link NYC 2022 Conversation on Identifying and Seizing Virtual Assets

The rise in popularity of digital assets like cryptocurrency is inevitably paired with a concurrent rise in fraud and theft. How should victims and other stakeholders approach tracking down and recovering stolen assets when they take a virtual form? Kobre & Kim’s Amanda Tuminelli, who represents clients in the digital currency industry in cross-border asset recovery campaigns, shares her insights during a Chainalysis Link NYC 2022 session at 4:15 pm New York time, May 18, 2022.

Publications May 3, 2022

Evelyn Sheehan, David McGill, Benjamin Sauter, Amanda Tuminelli in Chambers: Innovating Traditional Asset Recovery Tools to Recover Crypto

As digital asset and cryptocurrency fraud proliferate, recovering stolen funds means applying traditional asset recovery techniques in newer and more innovative ways. In Chambers’ latest International Fraud and Asset Tracing Global Practice Guide, Kobre & Kim’s Evelyn Sheehan, David McGill, Benjamin Sauter and Amanda Tuminelli walk through how, with the help of enhanced blockchain forensics, civil litigation and government seizures, victims of fraud can successfully make themselves whole again.

Events April 15, 2022

Jef Klazen Discusses Russian Nationalization of Foreign Assets and Investor-State Disputes in Columbia Law Panel

Since the Russian invasion of Ukraine and imposition of sanctions, many foreign companies and investors have sought to divest from and leave Russia. However, Russia has proposed a bill to nationalize the operations of companies that leave, raising the possibility of investor-state disputes and ISDS claims. Kobre & Kim’s Jef Klazen, who focuses on international judgment enforcement and asset recovery against sovereign entities, examined the unique issues presented by this situation during a panel hosted by Columbia Law School on April 12, 2022.

Publications April 11, 2022

John Han Discusses Evergrande Offshore Bondholder Monetization Options with The Wall Street Journal

Though China Evergrande Group, the indebted Chinese property giant, has reached an agreement in principle with certain offshore creditors to pay legal fees in connection with restructuring negotiations, bondholders have options if restructuring negotiations eventually reach a stalemate. Kobre & Kim’s John Han, who has deep experience monetizing claims related to Greater China for distressed debt investors, told The Wall Street Journal how an enforcement scenario might unfold.

Publications April 5, 2022

Andrew Stafford KC, Timothy de Swardt, Melisa Ortes González, Calvin Koo on Crypto Jurisprudence in Common Law Jurisdictions

The landscape of blockchain technology and cryptocurrency has long seemed like a Wild West. But as Kobre & Kim’s Andrew Stafford KC, Timothy de Swardt, Melisa Ortes González and Calvin Koo detail in Commercial Dispute Resolution, in jurisdictions like the United Kingdom, the British Virgin Islands, Hong Kong and the United States, the sheriff is very much in town.

Client Alert March 28, 2022

Maximizing Recovery Against a Sanctioned Sovereign

Prices of Russian and other sovereign debt are falling as their economies buckle, presenting both opportunities and challenges for investors.
Enforcing the debt against sovereign entities is already difficult, more so when sanctions are involved.
As our Claim Monetization & Dilution team explains, non-traditional strategies may go further in putting maximum pressure on sovereigns and maximizing returns.

Events March 18, 2022

Andrew Stafford KC Discusses Recovering from Cyber Fraud and Ransomware Attacks at C5 Fraud Conference Seminar

Instances of cyber fraud and ransomware attacks have grown more frequent and sophisticated, with global companies lying in the crosshairs. Kobre & Kim’s Andrew Stafford KC, who focuses on international asset tracing and recovery, joins the C5 Fraud, Asset Tracing & Recovery Geneva conference to share next steps victims should take during a seminar at 10:30 am Geneva time, March 25, 2022.

Firm News March 14, 2022

Kobre & Kim Wins Appellate Ruling over $10 Billion Arbitration Award

Kobre & Kim has won an important jurisdictional ruling from a federal appeals court for the engineering firm Process & Industrial Developments (P&ID) in its petition to confirm an arbitral award, now valued at US $10 billion, against the Federal Republic of Nigeria and its Ministry of Petroleum Resources.

Events March 11, 2022

Martin De Luca Explores Sports Disputes in Exclusive Cambridge Forums Event

The world of global sports is rife with disputes and investigations, from issues related to integrity, conflict of interest and antitrust surrounding the increasingly lucrative ownership of sports teams by ultra-high-net-worth individuals, investors and companies; to ethics, governance and justice in sports law; to the impact of COVID-19 on the balance sheets of sporting properties.