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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 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.

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.

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.

Events October 11, 2022

John Han Speaks at Mandarin Arbitration Salon

From starting a career in cross-border claim monetization and dilution to the importance of creative thinking to drive settlement catalysts and outcomes, Kobre & Kim’s John Han shared his insights as a practitioner during Mandarin Arbitration Salon’s latest “国际仲裁者对话” (“Chinese Arbitration Conversations”) session on October 5, 2022.

Events October 5, 2022

John Han and Jason Kang on Distressed Debt Opportunities in China and Asia at Debtwire Forum

With liquidity risks rising in the Chinese property sector in particular, investors are looking for solutions – as well as opportunities. Kobre & Kim’s John Han and Jason Kang, who both focus on Greater China and Asia-related distressed debt monetization, share their insights during two respective panels at the Debtwire Forum Asia Pacific in Hong Kong on October 13, 2022.

Events October 4, 2022

Jason Kang Shares Insights on Global Impacts of Chinese Real Estate Distressed Debt at AABANY Conference

As China’s real estate industry continues to show signs of distress, offshore investors are likely to see rising risks as well as rising opportunities. Kobre & Kim’s Shanghai-based Jason Kang, who focuses on complex China-related multijurisdictional disputes, explains during the Asian American Bar Association of New York (AABANY) Fall Conference 2022 on a panel at 9:00 am New York time, October 8, 2022.

Events September 19, 2022

Adriana Riviere-Badell at LF Dealmakers Forum: Litigation Funding Opportunities in Cross-Border Disputes

For litigation funders and investors in legal assets, one of the most fruitful areas of opportunity is the enforcement of judgments, arbitral awards and other claims within a cross-border dispute. Kobre & Kim’s Adriana Riviere-Badell will discuss how litigants and funders can work together to maximize recoveries during the Fifth Annual LF Dealmakers Forum on a panel at 9:30 am New York time, September 29, 2022.

Events September 16, 2022

Kobre & Kim Co-Founds Crypto Fraud and Asset Recovery Network North America Chapter in Inaugural Event

Cryptocurrency fraud and asset recovery is an increasingly active litigation space – crypto class action lawsuits are up, a number of major crypto platforms have filed for bankruptcy and government regulators and enforcers are investing more resources in this area. As such, Kobre & Kim is proud to co-found the North America chapter of the Crypto Fraud and Asset Recovery Network (CFAAR), an emerging network of industry-leading professionals that aims to develop best practices for dealing with cryptocurrency dispute resolution.

Accolades September 1, 2022

Evelyn Sheehan and Amanda Tuminelli Recognized in Top 20 Citywealth USA Crypto Powerwomen 2022

Congratulations to Evelyn Sheehan and Amanda Tuminelli, who were recognized in the latest Top 20 Citywealth USA Crypto Powerwomen 2022 publication. The publication celebrates some of the best crypto experts in the United States including lawyers and litigators within a crypto native.

Publications August 31, 2022

Gabriela Ruiz, Scott Nielson and Carolina Leung Unpack Recognizing and Enforcing Foreign Judgments in Brazil for Lexology

Latin America’s recent economic boom has led many to proclaim it “inevitable” that Brazil becomes a center of international disputes. Kobre & Kim’s São Paulo-based lawyers Gabriela Ruiz, Scott Nielson and Carolina Leung explain in a chapter for Lexology’s “Enforcement of Foreign Judgments 2022” the ins-and-outs of gaining recognition and enforcement of foreign judgments in Brazil.

Enforcing Minority Shareholder Rights in Asia: A Comparative Guide to Derivative Actions

Minority shareholders may be surprised to learn that they have effective options when a director or other fiduciary has harmed the company.
However, the situation may be complicated when structures cross borders, as many corporate structures in Asia do, including spreading offshore.
Our Claim Monetization team explores how shareholders can deploy derivative actions in five key jurisdictions across Asia Pacific, the UK and the Caribbean as part of an effective cross-border strategy.

Events August 30, 2022

Kobre & Kim Co-Hosts Panel in São Paulo: “Crypto in Brazil: Navigating the Legal Pitfalls”

Brazil, one of the largest crypto markets in the world, is contemplating how to best regulate the crypto industry in the years to come. Lessons learned in the U.S. include a real need to balance regulation and innovation, avoid backwards-looking regulation by enforcement and avoid piling on by multiple government agencies. Kobre & Kim and Bottini & Tamasauskas hosted a panel discussion to examine these topics on August 24, 2022 in São Paulo, Brazil.

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