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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 March 30, 2023

Jef Klazen Explores Arbitral Award Enforcement Against Sovereigns During 2023 Paris Arbitration Week

More global investors are engaging in investor-state arbitration to resolve disputes, but the trouble often begins once they win an award. Many sovereigns deploy their unique powers to do everything they can to avoid payment, so investors need to think creatively if they want to successfully enforce their arbitral award. Kobre & Kim’s Jef Klazen, who focuses on international asset recovery and the enforcement of judgments and awards, discusses during the Paris Arbitration Week on a session at 10:00 am local time, March 31, 2023.

Client Alert March 29, 2023

Global Creditors Can Successfully Fight Fraudulent Conveyance in Dubai

As a key economic center in the region, the United Arab Emirates (UAE) is increasingly the place where many international creditors go as they pursue their debtor’s assets.
However, some recalcitrant debtors may try to transfer their assets away to avoid payment in a fraudulent transfer.
Our team explores what strategies are available in the UAE to restore a creditor’s interests.

Client Alert March 22, 2023

Bringing a Global Perspective to Challenge Offshore Awards Successfully

Judgment and award debtors often hold assets in offshore jurisdictions such as the BVI – but these places are notoriously creditor- and enforcement-friendly.
When cornered by a creditor, debtors often find few – if any – legal avenues to challenge the claim against them.
However, a recent Kobre & Kim victory in the BVI demonstrates that, through deep familiarity of and ability to connect both offshore and foreign law, debtors can defy conventional wisdom and succeed.

Firm News March 20, 2023

Kobre & Kim Notches Victory with Rare Set Aside of BVI Enforcement Order

Kobre & Kim wins rarely granted ruling setting aside of certain aspects of an enforcement order by the British Virgin Islands Commercial Court.

Client Alert March 10, 2023

How 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 February 28, 2023

Paul Hughes to Chair Panel on Best Practices in Obtaining Information for Lawyers During RILPA Conference in Dubai

A good amount of high-quality information is the foundation of any legal strategy in global arbitral award enforcement or restructuring campaigns. Kobre & Kim’s Paul Hughes, who focuses on complex cross-border disputes with a nexus to the United Arab Emirates and wider Middle East, will chair a panel on the best practices to accessing critical sources of information during the Restructuring Insolvency and Legal Practitioners Association (RILPA) Conference in Dubai on March 9, 2023.

Client Alert February 28, 2023

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

In Chapter 11 bankruptcy cases where the chances of recovery seem slim, global unsecured creditors may have to get creative and look outside the U.S. to improve their prospects.
Assets in the People’s Republic of China (PRC) – the world’s second largest economy – offers a surprising source of asset recovery opportunities.
We explain how creditors can unlock value in China and maximize their recovery.

Events February 23, 2023

John Han Examines Global Asset Recovery at 7th IBA Asia Pacific Regional Forum Biennial Conference

Asset recovery is a crucial service to provide for creditors and claimants, including across the Asia Pacific region – but it is becoming an increasingly complicated endeavor. Kobre & Kim’s John Han, who focuses on the monetization and demonetization of debt instruments, claims, judgments and arbitral awards, unpacked the latest developments in global asset recovery at the 7th IBA Asia Pacific Regional Forum Biennial Conference in Singapore in a session at 1:45 pm local time, Thursday February 23, 2023.

Accolades February 16, 2023

Chambers Global 2023 Recognizes Kobre & Kim and Multiple Global Lawyers

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.

Publications February 8, 2023

Nick Cherryman Quoted in Financial Times and Law360 on UK Win in Award Enforcement Case Against Spain

Coming amid uncertainty for renewable investors and a global legal debate in the wake of the Court of Justice of the European Union’s (CJEU) Achmea and Komstroy decisions, the UK High Court rejected the European Commission’s attempt to intervene in two renewable energy investors’ US $101 million arbitral award enforcement case against Spain in a win for the investors. The Financial Times and Law360 quoted Kobre & Kim’s Nick Cherryman, who represents the lead award in this dispute, on the development.

Client Alert January 25, 2023

Achieving High Returns from Sovereign & States Disputes

A coming global economic downturn will put sovereign debt under pressure.
It may appear near impossible for creditors and investors to enforce this debt against sovereigns, but those who succeed can see extraordinary returns.
We explain how deploying creative cross-border strategies can overcome the toughest sovereign debtors and unlock the key to success.

Client Alert January 18, 2023

Opportunities for Foreign Activist Investors to Take Advantage of Korea’s Shifting Corporate Landscape

The Korean corporate landscape is becoming more favorable for activist campaigns.
Foreign activist investors have new opportunities to push for change and maximize value, even against the biggest chaebols.
Our team explains what these developments mean and how investors can take advantage.

Events January 17, 2023

Andrew Stafford KC Explores Challenges of Enforcing Arbitral Awards Against State-Owned Entities

With more companies in the energy and other industries bringing arbitrations against state-owned entities, what are the unique challenges that come when it is time to enforce the resulting awards? Kobre & Kim’s Andrew Stafford KC, who focuses on complex international enforcement against sovereign judgment and award debtors, offers his insights during the 11th ITA-IEL-ICC Joint Conference on International Energy Arbitration in Houston on a panel at 10:00 am local time, January 20.

Client Alert January 9, 2023

Leveraging the U.S. Legal System in Brazil to Increase the Chances of Recovery from Fraud

Victims of large-scale and sophisticated fraud in Brazil may struggle to recover their assets by only using tools available in the domestic legal system.
However, a growing interest in fighting cross-border crime by U.S. authorities, together with the power of tools in the U.S., provide victims with a potentially better path to success.
Our cross-border team explains what strategies victims can deploy to achieve results.

Accolades December 22, 2022

Kobre & Kim, Peter Tyers-Smith Earns Recognitions in The Legal 500’s “Cayman Islands: Dispute Resolution”

The Legal 500 has recognized Kobre & Kim in its latest “Cayman Islands: Dispute Resolution” rankings, as well as listing Peter Tyers-Smith among its “Leading Individuals” in the category,

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