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.

Client Alert March 4, 2019

Clashing With Titans: Effective Judgment Enforcement Against Sovereign Entities

  • There are many reasons why sovereign debtors can be challenging targets.
  • The right combination of high-pressure tactics, coupled with aggressive, creative, multijurisdictional strategies, can force sovereign debtors to take a seat at the bargaining table.
  • Here are specific examples of effective techniques from recent successful matters where legitimate claims were recovered against sovereign entities.

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Client Alert November 12, 2018

Navigating Global Matrimonial Disputes: Four Steps to High-Value Asset Recovery

  • While a divorce for the ultra-wealthy might be local, monetizing the resulting judgment requires sophisticated cross-border expertise.
  • A timely, proactive and creative asset recovery strategy leads to more money faster.
  • Obtaining a court judgment against the recalcitrant debtor is just the start of a global game of chess in which experience, creativity and global reach are essential.

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Client Alert September 25, 2018

The New Art Fraud: Galleries and Dealers Are the Next Global Hacking Targets

  • The art world is an attractive target because of its fast-paced, high-value transactions with minimal documentation.
  • Once the money has been wired to the criminal’s account, they move to transfer the funds to erase their trace and disappear undetected. 
  • Victims of such a hack must wield all of the legal and investigative tools at their disposal to maximize the odds of recovery.

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Client Alert June 7, 2018

Fraud Victims Pursuing Assets Offshore

  • Recent judgments have provided victims with a new route to claim damages from third parties, and thereby widen the pool from which to make a recovery.
  • Claimants in numerous common law jurisdictions now can bring two new types of claims against associates of fraudsters who have assisted in the dissipation of assets after a freezing order or judgment has been obtained.
  • Creditors seeking to make recoveries against fraudsters based in offshore jurisdictions should consider these two new, but related, claims against third parties when developing their asset recovery strategy.

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Client Alert June 1, 2018

Looking to Enforce a Judgment in the U.S.?

  • U.S. courts traditionally have been a generous forum for foreign judgment creditors.
  • A recent ruling from a New York state court has further broken down barriers for recognition of a foreign judgment in the U.S., even when the debtor is subject to a foreign insolvency proceeding.
  • The New York decision is part of a trend of U.S. courts rejecting "fairness" and "corruption" challenges to Russian courts' judgments. Similar challenges can be overcome with the aid of proper counsel.

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