Claim Monetization & Dilution

Kobre & Kim’s Michael M. Rosen, who focuses on cross-border intellectual property disputes, moderates a live panel on the debate over intellectual property protections for COVID-19 vaccines from 2:30 pm to 3:30 EST, June 21, 2022, at the AEI Auditorium in Washington, DC.

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Kobre & Kim’s Amanda Tuminelli and Benjamin Sauter have been recognized by Citywealth magazine on its 2022 list of “Top 15 U.S. Legal Crypto Practitioners,” a guide to some of the best cryptocurrency legal counsel in the United States.

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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.

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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. 

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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