Government Enforcement Defense

The pandemic has accelerated the use of telehealth and digital health care services, attracting increased regulatory scrutiny and enforcement activity. However, the sector faces an uncertain, complex and still developing patchwork of laws and regulations in the U.S. and around the world. Kobre & Kim’s Adriana Riviere-Badell and Alexandria Swette, both of whom have deep experience in health fraud, survey the legal landscape in an article for Law360.

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Economic crimes are a serious affliction on every economy in the world, and legal systems everywhere are grappling with how to hold wrongdoers accountable. Kobre & Kim’s Evelyn Sheehan will break down civil forfeiture, one of the critical tools used in this fight, when she joins a plenary workshop during the 38th Cambridge International Symposium on Economic Crime.

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The past eighteen months have seen increasing risks for businesses in Asia as the pandemic and geopolitical shifts have swept the world. As part of the invite-only ALB Hong Kong In-House Legal Summit 2021, Kobre & Kim’s Calvin Koo will moderate a panel on how businesses can manage these cross-border risks at the Grand Hyatt Hong Kong on September 7, 2021.

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The Anti-Foreign Sanctions Law (AFSL), recently passed by the Chinese National People’s Congress Standing Committee, indicates a hardening of the Chinese government’s position against foreign sanctions and enforcement. While imposing the AFSL threatens these foreign companies’ ability to operate in China and worries foreign investors and trading partners, fears may be assuaged by bilateral investment treaties (BITs) that could limit the scope of the law. Kobre & Kim’s Wade Weems and Chang Liu delve into this emerging dynamic in an article for Law.com International.

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The U.S. Federal Trade Commission’s (FTC) second attempt at alleging Facebook of antitrust violations is already affecting the legal landscape. Kobre & Kim’s Benjamin Sirota, who focuses on government enforcement defense and is a former federal antitrust prosecutor, analyzed the new case when he spoke with Bloomberg Law.

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The shutdown of a darknet blockchain analytics tool, Antinalysis, marks the ongoing showdown between malicious actors looking to launder their illicit digital assets, and the exchanges and law enforcement looking to stop them. Kobre & Kim’s Benjamin Sauter shared his thoughts on the future of these analytics tools when he sat down with Forkast News.

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Ensuring proper compliance has become more critical than ever, especially to guard against cyber threats, money laundering and other regulatory pitfalls. Kobre & Kim’s Robert Henoch, a former U.S. federal prosecutor based in Israel, will discuss this topic in a fireside chat hosted by FinTech Aviv – the Israeli FinTech Association – at the WeWork Shoken Rooftop in Tel Aviv, 7:10 pm local time on August 18, 2021.

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Non-fungible tokens (NFTs) have taken the art world by storm, but the unique nature of these digital assets present new legal risks for artists, galleries, auction houses and high-net-worth investors. Kobre & Kim’s Polly Wilkins and Lara Levinson outline how NFT stakeholders can protect themselves, their assets and their reputations in an article for Arts & Collections, a magazine associated with fine arts company Sotheby’s.

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The U.S. Department of Justice’s (DOJ) focus on pursuing criminal antitrust prosecutions against employers agreeing not to recruit from one another is expected to intensify. Kobre & Kim’s Benjamin Sirota, a former DOJ Antitrust Division prosecutor, shared what to expect from prosecutors when he recently spoke with Law360.

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The U.S. art market has long been shielded from anti-money laundering (AML) regulations, but lawmakers, regulators and law enforcement are set to change this status quo. Kobre & Kim’s Evelyn Sheehan shared her insights on this development with Global Investigations Review.

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Following an article he wrote with Evelyn Sheehan and Amanda Tuminelli in Brave New Coin on fighting the U.S. government’s aggressive playbook in crypto cases, Kobre & Kim’s Benjamin Sauter sat down with the publication’s senior editor Andy Pickering to dive deeper into the enforcement issues in an episode of the podcast, “Crypto Conversation.”

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Latin America is a central focal point of U.S. government enforcement, but how will things change with the new U.S. administration and the adoption of new enforcement tools? Kobre & Kim’s Evelyn Sheehan spoke with Aguilar Castillo Love’s Natalia Callejas in part one of an in-depth Q&A to explore the changing enforcement landscape.

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John McAfee, the founder of his eponymous anti-virus software company, was found dead in a Spanish jail cell hours after courts there approved his extradition to the U.S. for tax evasion. With his death, how could the U.S. recover the millions in taxes he allegedly owes? Kobre & Kim’s Evelyn Sheehan points to a potential route when she spoke with Bloomberg – civil forfeiture.

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After experiencing a boom in the United States, special purpose acquisition companies (SPACs) are now in a bit of a lull as regulators, including the U.S. Securities and Exchange Commission, increase scrutiny. Kobre & Kim’s Jeremy Bressman, who handles complex cross-border asset recovery, regulatory and investigation matters, analyzed what comes next for SPACs when he sat down with Family Wealth Report.

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Korean companies face an increasing number of cross-border disputes that require costly and complex discovery processes. Alongside the International Association of Korean Lawyers (IAKL), Kobre & Kim’s Daniel Lee will join a panel to discuss managing the complexities of discovery in cross-border litigation matters on Monday, June 28 at 12:00 PM GMT / 9:00 PM KST.

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