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.

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.

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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.

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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.”

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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.

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Client Alert November 29, 2023

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.” 

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Events November 16, 2023

Nada Oteifi on Overcoming Hurdles in Recovering Assets from Fraudsters During Dubai Arbitration Week Panel

What can targets of large-scale fraud do to get their assets back? Kobre & Kim’s Nada Oteifi, who focuses on cross-border award and judgment enforcement matters, explained how claimants can overcome the most common hurdles to tracing and recovery assets – including by using tools in the Middle East – during Dubai Arbitration Week on a panel on November 15, 2023.

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Client Alert November 16, 2023

Immediate Global Crisis Management Essential For Targets of Large-Scale Crypto Fraud

  • Speed is critical for targets of large-scale cryptocurrency fraud or cyber-attacks.
  • The borderless and pseudonymous nature of cryptocurrencies means stolen assets can be quickly dispersed around the world.
  • Targets should deploy a speedy, global response, combined with non-traditional approaches, to increase the chances of a substantial recovery.

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Events November 15, 2023

Richard Clarke and Nada Oteifi on Unlocking Value in Claims, Judgments and Awards at Dubai Arbitration Week

Obtaining an arbitral award or judgment is usually only the first step for creditors to recover against their debtors. What are some strategies creditors can use to accelerate this process and unlock value? Kobre & Kim’s Dubai-based Richard Clarke and Nada Oteifi, together with Omni Bridgeway, co-hosted a panel discussion during the Dubai Arbitration Week to explore these issues and more on November 14, 2023.

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Client Alert November 9, 2023

Middle Eastern Investors Have Options to Protect Their Investments in China

  • Investments from the Middle East into Mainland China are growing recently as many see increasing opportunities for returns.
  • However, there are risks that may materialize if investors become embroiled in a global dispute with Chinese companies.
  • Investors should consider ways to increase their leverage and expand their options, including by bringing disputes directly into China through Hong Kong.

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Accolades November 8, 2023

Kobre & Kim, Peter Tyers-Smith Earn The Legal 500 Recognition for Dispute Resolution in the Cayman Islands

In recognition of the strength of the firm’s capabilities offshore, The Legal 500 has ranked Kobre & Kim highly for “Dispute Resolution” in the Cayman Islands, and recognized Peter Tyers-Smith among the “Leading Individuals” of the category.

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Events October 30, 2023

Carolina Leung Explores Restructuring of Brazilian Companies Abroad in TMA Brazil Congress Panel

Tightening financial conditions have pushed many Brazilian companies closer to insolvency, and many are looking at their restructuring options. Looking to overseas jurisdictions may offer some of those Brazilian companies additional tools and protective benefits. Kobre & Kim’s Carolina Leung, who focuses on representing companies in cross-border disputes, explains that during the Turnaround Management Association (TMA) Brazil Congress in São Paulo on a panel on Tuesday, October 31, at 4:50 pm local time.

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Client Alert October 26, 2023

International Creditors Can Crack Delaware's Notoriously Tough Trusts

  • Debtor-friendly Delaware has strong asset protection laws that make it a destination of choice for global entities and individuals looking to hold their assets in a trust.
  • This creates a headache for international creditors – recovering assets in a Delaware trust can seem like an insurmountable challenge.
  • By adopting a creative, aggressive and multijurisdictional strategy, however, creditors can crack even Delaware’s notoriously tough trusts.

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Events October 16, 2023

John Han Explores Asia's Distressed Opportunities at Debtwire Forum

With recent macroeconomic and policy developments in Greater China and other parts of Asia, distressed credit investors have been in search of new opportunities across regions and sectors. Kobre & Kim’s John Han, who often serves as lead counsel monetizing claims related to Greater China and India for distressed credit investors, shared his insights on current opportunities at the Debtwire APAC Forum on October 10, 2023.

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Events October 13, 2023

Andrew Stafford KC Unpacks Collectability Risk for Litigation Finance at C5 Paris Panel

Evaluating legal risk is the bread and butter of litigation finance -- but as an increasing number of financial institutions come under financial strain and claimants fight over a shrinking pool of assets, collectability risk has become just as important a consideration. Kobre & Kim's Andrew Stafford KC, who focuses on international judgment enforcement and asset recovery, explores collectability in the context of litigation funding at C5's Fraud, Asset Tracing & Recovery conference in Paris during a panel at 2:45pm local time, October 26, 2023.

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