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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 May 9, 2022

Amanda Tuminelli Joins Chainalysis Link NYC 2022 Conversation on Identifying and Seizing Virtual Assets

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.

Publications May 3, 2022

Evelyn Sheehan, David McGill, Benjamin Sauter, Amanda Tuminelli in Chambers: Innovating Traditional Asset Recovery Tools to Recover Crypto

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.

Events April 15, 2022

Jef Klazen Discusses Russian Nationalization of Foreign Assets and Investor-State Disputes in Columbia Law Panel

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.

Publications April 11, 2022

John Han Discusses Evergrande Offshore Bondholder Monetization Options with The Wall Street Journal

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.

Publications April 5, 2022

Andrew Stafford KC, Timothy de Swardt, Melisa Ortes González, Calvin Koo on Crypto Jurisprudence in Common Law Jurisdictions

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.

Maximizing Recovery Against a Sanctioned Sovereign

Prices of Russian and other sovereign debt are falling as their economies buckle, presenting both opportunities and challenges for investors.
Enforcing the debt against sovereign entities is already difficult, more so when sanctions are involved.
As our Claim Monetization & Dilution team explains, non-traditional strategies may go further in putting maximum pressure on sovereigns and maximizing returns.

Events March 18, 2022

Andrew Stafford KC Discusses Recovering from Cyber Fraud and Ransomware Attacks at C5 Fraud Conference Seminar

Instances of cyber fraud and ransomware attacks have grown more frequent and sophisticated, with global companies lying in the crosshairs. Kobre & Kim’s Andrew Stafford KC, who focuses on international asset tracing and recovery, joins the C5 Fraud, Asset Tracing & Recovery Geneva conference to share next steps victims should take during a seminar at 10:30 am Geneva time, March 25, 2022.

Firm News March 14, 2022

Kobre & Kim Wins Appellate Ruling over $10 Billion Arbitration Award

Kobre & Kim has won an important jurisdictional ruling from a federal appeals court for the engineering firm Process & Industrial Developments (P&ID) in its petition to confirm an arbitral award, now valued at US $10 billion, against the Federal Republic of Nigeria and its Ministry of Petroleum Resources.

Events March 11, 2022

Martin De Luca Explores Sports Disputes in Exclusive Cambridge Forums Event

The world of global sports is rife with disputes and investigations, from issues related to integrity, conflict of interest and antitrust surrounding the increasingly lucrative ownership of sports teams by ultra-high-net-worth individuals, investors and companies; to ethics, governance and justice in sports law; to the impact of COVID-19 on the balance sheets of sporting properties.

Accolades February 28, 2022

Kobre & Kim and Lawyers Recognized in Multiple Chambers Global 2022 Categories

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.

Events February 17, 2022

Jeremy Bressman on Criminal Processes in Civil Matters at ThoughtLeaders 4 Global Summit: Dublin

Kobre & Kim’s Jeremy Bressman, who represents corporate clients and individuals facing criminal allegations and enforcement proceedings, as well as in parallel civil litigation, will join a panel at the ThoughtLeaders 4 FIRE Starters Global Summit: Dublin at 11:40 am Dublin time on Thursday, February 24, 2022.

Events January 26, 2022

Vasu Muthyala on Maintaining Cross-Border Attorney-Client Protections in ABA Virtual Roundtable

Attorney-client privilege is taken for granted in many jurisdictions where communications between the two are kept confidential. This is a point of great concern in highly sensitive cross-border cases where protections vary. Vasu Muthyala shared the most important considerations when he joined an American Bar Association virtual roundtable at 10:30 pm Hong Kong time, January 25, 2022.

Looking to Enforce a PRC “Keepwell Agreement”? Look Outside the PRC

Mainland China is undergoing a wave of credit defaults, and creditors should use every tool available to maximize recovery.
Keepwell agreements, a promise by a PRC onshore parent company to maintain an offshore debt issuer’s solvency, is one option for overseas enforcement.
Creditors can use them to launch a multijurisdictional recovery campaign to drive up pressure on the debtor and reach a near-term settlement.

Looking to Enforce a PRC “Keepwell Agreement”? Look Outside the PRC

Mainland China is undergoing a wave of credit defaults, and creditors should use every tool available to maximize recovery.
Keepwell agreements, a promise by a PRC onshore parent company to maintain an offshore debt issuer’s solvency, is one option for overseas enforcement.
Creditors can use them to launch a multijurisdictional recovery campaign to drive up pressure on the debtor and reach a near-term settlement.

Events December 14, 2021

Jason Kang on Why Law Students Should Practice Arbitration in Hong Kong During HKIAC Open Day

Hong Kong is a center of dispute resolution involving Chinese and foreign parties, and as Kobre & Kim’s Jason Kang explains during the Hong Kong International Arbitration Centre (HKIAC) Open Day 2021, the city is a great choice for law school students and young practitioners aspiring to focus on global arbitration.

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