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.

Firm News June 22, 2023

Kobre & Kim Helps Elliott Obtain US $108 Million Arbitral Award Against the Republic of Korea

SEOUL, JUNE 22, 2023 – Kobre & Kim LLP, together with law firms Three Crowns and KL Partners, have obtained a US $108 million award for Elliott Associates, L.P., resolving an international arbitration against the Republic of Korea over its alleged unlawful intervention in the 2015 merger between Samsung C&T and Cheil Industries, both affiliates of Samsung Group, Korea’s largest chaebol.

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Events June 20, 2023

John Han Explores Alternative Creditor Options to Monetize India Offshore Distressed Debt

As global financial conditions tighten, bond and loan investors are increasingly focused on India. Kobre & Kim’s John Han – who focuses on cross-border monetization of distressed high yield bonds and loans – joins Reorg on July 5 to discuss alternative options for creditors in distressed situations involving India-based issuers with offshore structures. For creditors familiar with enforcement challenges involving China-based issuers, the discussion will cover similarities and differences, challenges and opportunities in the India onshore-offshore context.

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Client Alert June 15, 2023

Opportunities for Global and Local Activist Investors are Growing in Korea

  • Recent developments in the Korean legal landscape have been in activist investors’ favor, opening new opportunities to assert their rights and interests in Korean companies.
  • Still, the intricacies of the Korean market and the dominance of chaebols mean investors should still tread carefully.
  • Creative strategies that navigate these complexities can bring investors the greatest chances of success.

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Events June 14, 2023

Evelyn Sheehan on New Lessons in Handling Crypto Disputes in C5 Session

The field of fraud and asset recovery in the high-tech world of blockchain and cryptocurrency evolves every day, especially affecting the standard suite of relief for fraud victims. Kobre & Kim’s Evelyn Sheehan, who focuses on global asset tracing investigations and recovery efforts, explored what’s new in crypto fraud and asset tracing during the C5 Crypto and Digital Asset Fraud & Recovery conference in London on June 13, 2023.

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Client Alert June 13, 2023

What a Landmark Ruling Against Spain Means for Investors in Disputes with Sovereigns

  • Winning an arbitral award often marks the beginning of a long and costly global enforcement campaign for international investors, especially against a sovereign state.
  • To speed up a settlement, investors should take a bold stand against sovereigns, leveraging international treaty protections.
  • A recent landmark win against the Kingdom of Spain shows one way for investors.

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Client Alert June 8, 2023

More Routes to Recovery for Global Creditors in the Middle East

  • The Middle East is opening up to cross-border investors, creditors and claimants, as Saudi Arabia’s adoption of rules based on the UNCITRAL Model Law on Cross-Border Insolvency demonstrates.
  • The openness is not limited to that country – the United Arab Emirates has also made strides that gives more tools for creditors considering a global enforcement campaign.
  • We explain what these developments mean for creditors.

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Accolades June 7, 2023

Kobre & Kim and Michael Kim Recognized in The Legal 500 USA

Kobre & Kim has earned top recognitions for both white-collar criminal defense and international litigation in the latest rankings of The Legal 500 USA 2023.

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Publications June 5, 2023

Adriana Riviere-Badell on Lawmakers’ Request for U.S. to Intervene in ICSID Treaty Claim in Global Arbitration Review

Over 30 U.S. lawmakers wrote to the Biden administration in May urging them to intervene on behalf of Honduras after allegations that ICSID has breached “law and procedure” in its administration of US $11 billion treaty claim have caused the government of Honduras to threaten withdrawal from ICSID’s jurisdiction. Kobre & Kim’s Adriana Riviere-Badell, who focuses on enforcement of international judgments and arbitral awards with a nexus to Latin America, gave her insight to Global Arbitration Review.

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Accolades June 1, 2023

Kobre & Kim Earns Top Recognitions in Chambers USA New York Rankings

Kobre & Kim and several lawyers have been recognized in the latest Chambers USA rankings for New York, placing among the top firms and lawyers in several categories for commercial, white-collar and financial litigation.

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Accolades June 1, 2023

Kobre & Kim and Lawyers in Band 1 of Chambers USA Nationwide Rankings

The latest Chambers USA rankings have placed Kobre & Kim, as well as Michael Kim, Jonathan Cogan and Matthew Menchel, in Band 1 in several nationwide categories.

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Publications May 30, 2023

Adriana Riviere-Badell on Push to Eliminate ISDS Provisions from U.S. Trade Agreements in Law360

With over 30 U.S. lawmakers in May urging the Biden administration to intervene in an investor-state arbitration involving Honduras and calling for the elimination of investor-state dispute settlement (ISDS) provisions in existing trade agreements involving the hemisphere, should international investors be concerned? Kobre & Kim’s Adriana Riviere-Badell, who focuses on enforcement of international judgments and arbitral awards with a nexus to Latin America, sat down with Law360 to discuss.

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Firm News May 24, 2023

Kobre & Kim Successfully Defeats Spain’s Sovereign Immunity Challenge in UK High Court in Landmark International Enforcement Case

In one of the most significant judgments on state immunity and international arbitration in decades, the Commercial Court (High Court) in London has dismissed Spain’s challenge to the recognition of an ICSID arbitration award (the Antin Award) based on grounds of sovereign immunity and European Union case law. 

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Client Alert May 18, 2023

Pathways for Global Bondholders to Effectively Oppose Unjust UK Restructuring Plans

  • Global bond issuers looking to restructure their debt have often turned to English courts, relying on debtor-friendly rules such as the ability to cram down creditors.
  • Two recent English court decision, however, are improving prospects for global bondholders.
  • Creditors who are willing to take swift and forceful action against even the biggest players can see the greatest chances of success.

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Events May 17, 2023

Jian Wu Explores Legal and Economic Landscape Between U.S. and China in AABANY Roundtable

The legal and economic landscape between the United States and China is becoming increasingly complicated, and businesses must be attuned to new challenges and opportunities to stay ahead. Kobre & Kim’s Regional Managing Director of Asia Pacific Jian Wu explores the latest developments during a roundtable hosted by the Asian American Bar Association of New York (AABANY) Asia Practice Committee and Alternative Dispute Resolution Committee in New York at 6:00 pm on May 19, 2023.

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Events May 15, 2023

John Han and Jason Kang Explore Hong Kong-Based Cross-Border Enforcement Strategy in HKIAC Session

For creditors in the People’s Republic of China, Hong Kong can and often should be the primary springboard to launch a cross-border enforcement campaign to trace and recover funds. Kobre & Kim’s John Han and Jason Kang, who both focus on the monetization of claims involving the region, examine what a Hong Kong-based global enforcement strategy may look like during a session hosted by the Hong Kong International Arbitration Centre (HKIAC) in Beijing on May 26, 2023.

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