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

Client Alert April 11, 2024

Cross-Border Tools to Aid Latin American Parties in Disputes with PRC Companies

Deals and partnerships between Latin American and Chinese companies are growing as economic ties between the two regions deepen.
However, unique risks are involved if a dispute arises with the Chinese company – the Chinese legal system could create barriers to payment, even with an award or judgment in hand.
Latin American companies and investors should consider cross-border strategies to increase their leverage.

Publications April 5, 2024

Kunhee Cho Explains Impact of Korea Corporate Value-Up Program for Activist Investors with The Deal

The Korean government recently unveiled its much-anticipated Corporate Value-Up program, an effort to address the “Korea discount,” the low valuation of Korean companies. Kobre & Kim’s Kunhee Cho, who focuses on cross-border disputes and shareholder activism campaigns, sat down with The Deal to explain what the program means for activist investors.

Client Alert April 4, 2024

New York Court Opens Path for Global Bondholders to Bring Unilateral Claims Against Recalcitrant Bond Issuers

The ability of bondholders to sue bond issuers to enforce their rights without going through the cumbersome process of instructing a bond trustee has long been in question.
However, an important ruling in New York court, obtained by Kobre & Kim on behalf of a group of international bondholders, took the first step in establishing standing.
With New York law governing a vast amount of emerging market company debt, this could allow global bondholders to dramatically speed up creditor response times.

Events March 28, 2024

Calvin Koo Explores Future of Web 3.0 Technology at Hong Kong Conference

The development and proliferation of decentralized blockchain technology has created excitement over a new iteration of the web called Web 3.0. But what should industry participants be aware of as their ambitions run into global legal and regulatory realities? Kobre & Kim’s Calvin Koo, who focuses on cross-border financial technology disputes, discusses during the Hong Kong Web 3.0 Spring Summit on a panel at 1:10 pm local time, April 5, 2024.

Publications March 28, 2024

Global Restructuring Review: Chinese Property Developer Fails to Dismiss NY Suit From BFAM and Other Bondholders Represented By Kobre & Kim

An important ruling by a New York court, rejecting Chinese real estate develop Glory Health’s efforts to dismiss a suit brought by a group of bondholders represented by Kobre & Kim, found that beneficial owners may receive authorization from the registered holder to sue, as reported by Global Restructuring Review.

Client Alert March 28, 2024

How U.S. Litigants Can Seek Information Disclosure in Key English Common Law Jurisdictions

U.S. litigators will be familiar with the powers of U.S. courts to gather discovery, including through letters rogatory and Section 1782 applications.
Less well known are powerful non-U.S. discovery tools that can provide the ever-growing need for information from multiple jurisdictions.
One such example, the Norwich Pharmacal order, can offer litigants access to third-party information in key English common law jurisdictions around the world.

Publications March 21, 2024

Bloomberg News: NY Court Ruling Obtained by Kobre & Kim is “A Possibly Expedient Way” For Creditors to Sue Bond Issuers Directly

A ruling obtained in New York by Kobre & Kim on behalf of global bondholders against Chinese property developer Glory Health “provides a glimpse of a possibly expedient way for creditors to sue financially strapped bond issuers to get paid under New York law, the state with jurisdiction on a large bulk of Chinese companies’ dollar notes,” Bloomberg News reports.

Events March 18, 2024

Kobre & Kim’s São Paulo Team Host Webinar with Reorg on Offshore Bond Creditor Options of Brazilian Company Intercement

News of InterCement’s planned exit from Brazil and Argentina has shaken offshore creditors. Join Kobre & Kim and Reorg for a webinar on the legal challenges and opportunities this development presents for offshore creditors at 11:00 am São Paulo time, March 28, 2024.

Firm News March 15, 2024

NY Court Rules that BFAM and Other Offshore Bondholders Can Sue Bond Issuers Directly Without Trustee

In an important ruling that makes it easier for global bondholders unilaterally to sue issuers and guarantors in New York for nonpayment without a trustee, a New York court has allowed a lawsuit brought by BFAM and other global bondholders against Chinese property developer Glory Health to move forward.

Client Alert March 14, 2024

How Activist Investors Can Protect Their Rights Amid Family Succession Struggles at Korean Chaebols

Opportunities for activist investors in Korea are expanding, but as an ongoing dispute involving LG shows, corporate succession disputes involving chaebols can be a source of risk.
These family struggles can lead to attempts at corporate changes that conflict with the interests of minority shareholders.
Investors and activists should understand the risks and their options by working with international counsel to protect their rights.

Events March 4, 2024

John Han Answers Questions on High-Value International Recovery During OffshoreAlert Bangkok 2024

The international landscape for high-value fraud recovery is constantly changing. Kobre & Kim’s John Han, who focuses on the monetization of claims on behalf of investors and multinational companies, joined other leading international fraud and value recovery practitioners to discuss during the OffshoreAlert Bangkok 2024 conference on a panel on February 29, 2024.

Client Alert February 29, 2024

Political Strategies in Monetizing Sovereign Arbitration Awards

For international investors and companies, winning an arbitration award against a sovereign state marks just the beginning of a lengthy, globe-spanning enforcement campaign.
To make a greater impact on the enforcement process, award holders should not be afraid to use more creative approaches.
A recent Kobre & Kim victory demonstrates how this approach can put legitimate pressure on sovereign debtors and bring them to the negotiating table.

Events February 26, 2024

Jason Kang Speaks at Open Course on International Arbitration

International arbitrations are a key cross-border dispute resolution mechanism, and it is increasingly important for practitioners around the world to develop their knowledge and expertise in the field. Kobre & Kim’s Jason Kang, who focuses on enforcing claims, judgments and awards and other complex disputes with a nexus to China, will share his expertise at an open course organized by the Hong Kong International Arbitration Centre (HKIAC) and the Shanghai University of Finance and Economics School of Law.

Client Alert February 22, 2024

Leveraging Cross-Border and Offshore Tools in Brazilian Insolvencies

A wave of cross-border financial distress and insolvencies is rocking Brazilian companies – Brazilian airline GOL filed for Chapter 11 in the U.S. in January 2024.
Although international creditors have historically faced a Brazilian insolvency landscape that has created many practical impediments, things are changing.
A new Brazilian bankruptcy law, if combined with a multijurisdictional approach touching the U.S. and offshore, can give creditors additional leverage toward a favorable recovery.

Accolades February 15, 2024

Chambers Global 2024 Recognizes Kobre & Kim and Multiple Global Lawyers

In recognition of our strong cross-border capabilities and deep bench of talent, Chambers & Partners listed Kobre & Kim and several lawyers around the world in their latest Global Guide rankings for 2024.