Claim Monetization & Dilution | Kobre & Kim — Disputes and Investigations

Client Alert February 15, 2024

Non-Traditional Sovereign Debt Defaults Recovery Strategies for International Bondholders

Sovereign defaults are increasing after recent years of post-pandemic spending, geopolitical risk and climate change.
This has created opportunities for distressed investors experienced in enforcing against sovereigns.
Investors can improve the value of their claims by deploying strategies targeting unconventional vulnerabilities around the world.

Client Alert February 8, 2024

Creative Approaches for Investors and Joint Venture Partners to Leverage New PRC Company Law to Take Control of Onshore Chinese Companies

Unfavorable economic conditions in China are putting many offshore companies in distress.
In a worst-case scenario, joint venture partners and private credit lenders may have to attempt to take over onshore projects, companies and assets.
A new Chinese company law coming into effect on July 2024 could smoot this path to recover – including by making it easier to replace legal representatives.

Publications February 5, 2024

Robin Baik to Financial Times: Upcoming Elections Add Pressure on Korean Authorities to Reform Shareholder Rights

Could the “Korean discount” that characterizes the chronically undervalued Korean stock market come to an end as the government and activist investors push for change? Kobre & Kim’s Robin Baik, who focuses on shareholder activist campaigns and international disputes related to Korea, spoke with the Financial Times on the shifting landscape in Korea.

Publications February 5, 2024

Kobre & Kim Case Concerning Spain’s Sovereign Immunity and Investment Treaty Arbitration Featured by The Lawyer Among Top 2024 Appeals

The Kingdom of Spain’s appeal against a landmark English High Court judgment in favor of two investors represented by Kobre & Kim is featured among the top ten appeals of 2024 by The Lawyer.

Client Alert February 1, 2024

Cracking Delaware’s Notoriously Tough Trusts

Several features make Delaware’s trust law attractive for debtors to hold assets in the jurisdiction.
This also means creditors often struggle when attempting to access the trusts to recover assets.
By deploying aggressive, multijurisdictional strategies, creditors may be able to crack even Delaware’s notoriously tough trusts.

Events January 29, 2024

Evelyn Sheehan Discusses Latest Developments in Asset Tracing at C5 Conference

With it being easier than ever to move and hide assets across multiple jurisdictions, what strategies can practitioners deploy to trace and recover assets more effectively? Kobre & Kim’s Evelyn Sheehan, who focuses on cross-border investigations and asset recovery, discussed at the C5 Fraud, Asset Tracing & Recovery Miami conference during an interactive session on January 23, 2024.

Accolades January 22, 2024

John Han Recommended by Who’s Who Legal for Asset Recovery in Greater China

In recognition of his leadership in driving strategies for cross-border asset tracing and recovery in Greater China and beyond, Who’s Who Legal has ranked Kobre & Kim’s John Han among the “Recommended” lawyers for “Mainland China, Hong Kong SAR and Macao SAR – Asset Recovery.”

Client Alert January 18, 2024

New Pathways for International Creditors to Fight Fraudulent Conveyance in Dubai

International creditors are seeing more opportunities in the United Arab Emirates and wider Middle East as courts continue to signal openness to recognizing and enforcing overseas judgments.
This includes overcoming a fraudulent conveyance, as a UAE court recently decided in what may be an unprecedented judgment in favor of a judgment holder represented by Kobre & Kim.
The judgment demonstrates that there are a rapidly growing number of creditor tools available in the region to combat recalcitrant debtors.

Events January 16, 2024

Adriana Riviere-Badell Explores International Judgment Enforcement at American Bankruptcy Institute Symposium

Winning a judgment against a debtor is often just the first step on a long journey to recovery – the cross-border enforcement of high-value judgments can become complex quickly, especially against recalcitrant debtors and sovereign entities. Kobre & Kim’s Miami-based Adriana Riviere-Badell, who focuses on complex multijurisdictional civil litigation, explores key considerations for global practitioners at the American Bankruptcy Institute’s Caribbean Insolvency Symposium in Puerto Rico, during a session at 10:00 am on January 24, 2024.

Publications January 2, 2024

Paul Hughes Examines UAE Recovery Options for International Creditors in Law.com International

As the United Arab Emirates (UAE) emerges as a significant economic center, it has attracted international creditors seeking to recover debts as part of a worldwide enforcement campaign. Kobre & Kim’s Dubai-based Paul Hughes, who focuses on cross-border judgment and award enforcement, explores the options available for creditors to accelerate recovery and overcome common hurdles in an article for Law.com International.

Client Alert December 15, 2023

Russian Litigants Can Still Access Critical Legal Tools in U.S. Courts

Russian individuals and companies with legitimate global interests still need to litigate their disputes in overseas jurisdictions.
Despite the current state of relations between the United States and Russia, U.S. courts are still giving Russian litigants a fair hearing.
We outline recent examples of successes that demonstrate how Russian litigants can still access powerful U.S. legal tools.

Accolades December 4, 2023

Peter Tyers-Smith and Jalil Asif KC Recommended by Who’s Who Legal for Commercial Litigation in Cayman Islands

In recognition of their extensive experience representing clients and their global business interests in cross-border commercial disputes and investigations with an offshore nexus, Who’s Who Legal has honored Peter Tyers-Smith and Jalil Asif KC among the top practitioners for “Commercial Litigation – Cayman Islands.”

Client Alert November 30, 2023

Cross-Border Tools for Chinese Investors to Recover in Brazilian Insolvencies and Against Fraud

Brazil is seeking more investment from China, with almost half of China’s investments in South America being in Brazil.
However, the recent wave of insolvencies in Brazil could threaten these investments, particularly if fraud is uncovered, leaving investors to navigate the complex Brazilian insolvency landscape.
By undertaking a more assertive, multijurisdictional approach, combined with new insolvency tools in Brazil, investors can seek to gain the upper hand.

Client Alert November 29, 2023

Opportunities in Brazilian Bank Insolvencies: Local and Cross-Border Tools for International Creditors

Accolades November 28, 2023

Ed Llewelyn-Evans is Who’s Who Legal Future Leader for Commercial Litigation in England

In recognition of his extensive experience representing clients and their global business interests in cross-border commercial disputes and investigations, Kobre & Kim’s Ed Llewelyn-Evans has been recognized by Who’s Who Legal as a Future Leader for “Commercial Litigation – England.”