Claim Monetization & Dilution

Blockchain has led to a boom in decentralized finance (DeFi), but the validity, benefits and architecture of these novel finance products remain a subject of intense debate. Lending her voice to the conversation, Kobre & Kim’s Melisa Ortes González, a dual U.S. and Argentine lawyer focused on cross-border digital asset recovery strategies, will join a roundtable discussion and happy hour hosted by Rise New York at 5pm local time, November 18, 2021.

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As digital assets – particularly cryptocurrencies and non-fungible tokens (NFTs) – have proliferated as an alternative asset class, it is inevitable that they will become the center of arbitration disputes. Kobre & Kim’s Calvin Koo, who focuses on enforcement and tracing of digital assets, will discuss what this means for arbitration practitioners during a virtual panel at the Young Singapore International Arbitration Centre (YSIAC) Conference 2021 on 4:00 pm Hong Kong time, November 10, 2021.

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Crime is increasingly transnational: criminals stash proceeds of crime around the world, and suspects are pursued across continents with international arrest warrants. But coordinating cross-border actions is complicated and practitioners must grasp the issues at stake. Kobre & Kim’s Evelyn Sheehan and Martin De Luca will take a deep dive into these topics during the International Bar Association’s (IBA) 23rd Annual Transnational Crime Conference from November 3 to 5, 2021, at The Westin Palace in Madrid, Spain.

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Though China Evergrande Group, the heavily indebted Chinese real estate developer, made a US $84 million interest payment to its offshore bondholders just shy of the end of a grace period, the move has not allayed investor anxieties. Kobre & Kim’s Hong Kong-based John Han, who focuses on monetization of Greater China-based distressed debt, spoke to Reuters about what the payment means and how it falls short.

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Reflecting the firm’s deepening engagement with the region, Kobre & Kim has for the first time been listed in Legal 500’s Latin America International Firms directory, earning a place among the top firms for compliance and investigations, and those with an office in Miami.

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For victims of illicit trade around the world, ineffective law enforcement has given illicit producers a low risk, high reward environment. The solution is to adopt an aggressive cross-border campaign focused on their assets, as Kobre & Kim’s Jason Masimore will explain during the 2021 PGS Global Brand Innovation Programme at 11:00 am Amsterdam time, October 20.

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A typical instance of bribery occurs when an officer of a company bribes an official or politician. But who is the victim here – the company, whose assets were misappropriated, or the state, whose official abused his power? In English common law jurisdictions, the answer decides who receives any recovered assets, as Kobre & Kim’s Andrew Stafford KC and Evelyn Sheehan wrote in an analysis for International Comparative Legal Guides’ “Business Crime 2022.”

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Moody’s estimates that non-performing loans (NPLs) across 14 APAC economies will double by 2022, including in China and India. What opportunities does this present to investors? Kobre & Kim’s John Han, who focuses on distressed debt in Asia Pacific, will discuss during a virtual panel at the 3rd Global NPL Conference at 10:30 am Berlin time / 9:30 am London time / 4:30 pm Hong Kong time, October 5, 2021.

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Chinese property giant Evergrande Group’s possible default, with its US $300 billion worth of liabilities and missed interest payment on one of its US-dollar bonds on September 23, has shaken global financial markets. Kobre & Kim’s John Han, who focuses on the monetization of distressed debt in Greater China, diagnosed the prospects for offshore investors when he spoke with the Financial Times.

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Often, creditors who wait until they have won a final arbitral award against China-based debtors to begin enforcement end up with nothing, as debtors find ways to avoid their obligations. But as Kobre & Kim’s Greater China-based lawyers John Han and Jason Kang will explain in a Kobre & Kim-hosted seminar during the Hong Kong Arbitration Week, creditors can adopt an early global enforcement strategy to achieve the best monetization results.

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Korean individuals and companies have increasingly internationalized their businesses, setting up corporate structures and placing assets in key offshore jurisdictions around the world. While this is good for business, it also increases their exposure to complex cross-border disputes, such as investigations by foreign government agencies or asset recovery disputes across multiple jurisdictions, that may require specialized knowledge to effectively mitigate.

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Zhang Jindong, billionaire founder of Chinese retailer Suning.com, is struggling to delay repayment of a US $600 million bond, even after a US $1.4 billion rescue plan led by the Jiangsu provincial government. Kobre & Kim’s Jason Kang, who focuses on claim monetization efforts in China, told the South China Morning Post what international investors will be keeping an eye on.

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Chinese companies have significantly increased the scale and scope of their investments in Brazil over the past decade, but they may face complex barriers when it comes time to collect on their multi-billion-dollar investments. Kobre & Kim’s John Han and Carolina Leung will join a virtual panel discussion on how Chinese investors can secure their investments at 9:00 am São Paulo time, September 14, 2021.

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