PRINT
PDF |

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.

Related Professionals

NEWS

Publications November 18, 2020

Andrew Stafford KC on How to Enforce Investor-State Arbitration Awards Against Recalcitrant Sovereign Entities

Investors who win arbitration awards against sovereign entities often find themselves facing the fresh challenge of standing up against a sovereign state. Kobre & Kim’s Andrew Stafford KC, who has deep experience enforcing against sovereign debtors, walks through how it can be done in a chapter first published in “Investor-State Arbitration 2021” by International Comparative Legal Guides.

Client Alert November 17, 2020

The Dark Side of 1782: Defending Against Aggressive U.S. Discovery Actions

Section 1782 discovery in the United States is a powerful tool to access information and gain an edge in foreign proceedings.
However, the power of this tool and the ease in which it is granted invites parties to use it in service of goals completely unrelated to ongoing proceedings, such as a negative PR campaign.
Defeating a 1782 application is not easy, but there are counterarguments and cross-border tools available to fight back and turn the tables on an unscrupulous adversary.

Firm News November 6, 2020

U.S. District Judge Finds Nigeria Misled Court in Effort to Avoid Payment of $9.6 Billion Award

Nigeria misled a federal district court judge as part of an effort to attack a $9.6 billion arbitration award made against it, according to a ruling issued today by U.S. District Judge Paul A. Engelmayer of the Southern District of New York.

Publications April 30, 2020

Oleg Shaulko on the Potential New Wave of Litigation Funding in Ukraine

Kobre & Kim’s Oleg Shaulko penned an article in Law360 discussing a proposed Ukrainian law that opens up opportunities for third party litigation funders, in an effort to drive cross-border asset recovery efforts and ultimately fight corruption.

Client Alert April 28, 2020

An Opportunity across the Pond: U.S. Discovery Developments can Drive UK Proceedings

Compared with UK discovery, with its limited scope and high costs, U.S. discovery can be a much more powerful and widely usable tool of enforcement.
U.S. Discovery, unlike UK discovery, is not limited to documents contained within its national borders.
Furthermore, documents discovered through U.S. discovery can often be used for purposes beyond those specifically identified in the original discovery application.

Publications April 14, 2020

Ninth Circuit Reverses Dismissal of Privacy-Related Claims Against Facebook, Adopting Arguments in Amicus Brief by Kobre & Kim

Kobre & Kim’s Steven Perlstein was recently quoted by the Daily Journal, commenting on the decision by the Ninth Circuit Court of Appeals to reinstate a class claim against Facebook over the social network’s profiting off users’ personal data – an opinion with potentially far-reaching consequences in today’s data-driven economy.

Client Alert March 20, 2020

Coronavirus: Buying Time in Uncertainty

For companies facing the economic fallout of COVID-19, time has become the most precious commodity to preserving their assets and riding out the storm.
The ‘force majeure’ clause often found in contracts under New York and English law, if invoked correctly, could increase the likelihood of success in potential litigation with lenders.
Our lawyers around the world take a close look at the force majeure clause and how courts in different jurisdictions (including Brazil and Argentina) have chosen to interpret its applicability in a pandemic situation.

Client Alert June 5, 2019

To Catch a Debtor: Seizing the Money

Chinese businesses tend to favor offshore jurisdictions for setting up joint venture (JV) structures, but deadlock can ensue if partners differ into a dispute.
A litany of offshore legal tools exists, from provisions in the JV's constitutional documents to the appoint of a receiver to restore control to the wronged party.
However, the process for deploying these options differ based on each jurisdiction, and it is advisable to seek counsel before acting on any strategy.

Client Alert May 30, 2019

Don’t Overlook China in Difficult Chapter 11 Asset Recovery Efforts

In U.S. Chapter 11 cases (especially those involving unsecured creditors), non-traditional asset sources often offer the best hope of recovery.
Assets based in China can present surprising asset recovery opportunities for U.S. creditor committees.
There is a range of options at a committee's disposal to unlock value from claims against PRC entities, and experience, creativity and local support on both sides of the Pacific are essential to securing monetization.

Client Alert May 8, 2019

To Catch a Debtor: Freezing the Money

International creditors continue to face significant challenges when monetizing claims against debtors based in the People's Republic of China.
Actions such as a standalone freezing injunction can be used in English common law jurisdictions to freeze assets that are held by innocent third parties.
Injunctions and receiverships can be made without giving notice to the debtor, bestowing the "element of surprise."

Client Alert April 3, 2019

To Catch a Debtor: Finding the Money

For international creditors, monetizing claims against debtors located in the People’s Republic of China has proven difficult.
The first challenge is finding where the assets are, specifically via offshore discovery.
Time is of the essence, and “freezing” the money is next.

Client Alert March 21, 2019

Recovering Stolen Funds from Business Email Fraudsters

One of the most common forms of fraud affecting businesses worldwide is Business Email Compromise (BEC).
Often based in Asia, BEC fraudsters are known to use a network of underground moneychangers to move stolen funds rapidly beyond the reach of victims.
When affected, victims need to match the speed of the criminals, acting across multiple jurisdictions and with the full set of legal tools necessary to trace, freeze and recover assets effectively.

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.

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.

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.

Previous
1
...
14
15
16
Next