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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 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.

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.

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.

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.

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.

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.

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.

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.

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.

Events October 12, 2023

Andrew Stafford KC and Kiran Unni Unpack Challenges and Opportunities in International Arbitral Enforcement at Istanbul Arbitration Week

The international arbitration award enforcement landscape has shifted in recent years. Recent developments have revealed both opportunities and challenges for practitioners, including in disputes against sovereign entities. Kobre & Kim’s Andrew Stafford KC and Kiran Unni, both of whom focus on the enforcement of international judgments and awards, shared their insights at the Istanbul Arbitration Week during a panel on October 3, 2023.

Client Alert October 12, 2023

Cross-Border Strategies to Accelerate Non-Performing Loans Recoveries in Korea

Korean banks are holding an increasing amount of non-performing loans, putting their financial health at risk.
For many with large portfolios exposed to cross-border unsecured debt and loans to high-yield borrowers, sale and write downs may not be optimal.
A cross-border strategy to monetize their claims could offer a superior alternative.

Events October 5, 2023

Adriana Riviere-Badell Explores Issues in Arbitration Award Enforcement During Atlanta International Arbitration Society Conference

The international arbitration award enforcement landscape has seen major developments over the past year. Kobre & Kim’s Adriana Riviere-Badell, who focuses on international judgment enforcement and asset recovery, explored what this means for practitioners during the 12th Annual Atlanta International Arbitration Society (AtlAS) Conference in Atlanta, Georgia, on a panel on October 5, 2023.

Client Alert October 5, 2023

Powerful Option for Creditors Enforcing Judgments from Common Law Courts in the United Arab Emirates

It is commonly assumed that it is difficult and impractical to enforcement judgments in the United Arab Emirates.
However, this is increasingly untrue – even when no bilateral enforcement treaty exists, creditors can obtain recognition of their common law judgments.
A recent Kobre & Kim case shows how that can happen.

Publications October 4, 2023

John Han Discusses Evergrande with the Wall Street Journal

Embattled Chinese real estate developer Evergrande is in dire straits after parts of its proposed turnaround plan were blocked by China's regulators. Market observers are left wondering what this could mean for other similarly troubled real estate companies in China, such as Country Garden, that are currently navigating a turbulent housing crisis in the world's second-largest economy. Kobre & Kim's John Han, who focuses on cross-border monetization of distressed assets, sat down with The Wall Street Journal to discuss what might be next for the property giant and other Chinese real estate companies.

Events October 4, 2023

Kobre & Kim Co-Sponsors CFAAR Event on Crypto Investigation and Insolvency Challenges and Successes

Cryptocurrency fraud and asset recovery is an increasingly active litigation space – crypto class action lawsuits are up, a number of major crypto platforms have filed for bankruptcy and government regulators and enforcers are investing more resources in this area. To discuss all this and more, Kobre & Kim, Bennett Jones, FTI and Chainalysis will co-sponsor CFAAR North America’s Fall event at Chainalysis’ New York office at 3:00 pm, October 12. Kobre & Kim’s Jonathan Cogan, who focuses on high-stakes civil litigation and government enforcement defense matters, will also speak on a panel on successes and trends in crypto litigation and insolvency.

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