Government Enforcement Defense | Kobre & Kim — Disputes and Investigations

Client Alert May 22, 2019

U.S. Increasingly Enforcing Against India

Relations between India and the U.S. have recently experienced a few blows, including the termination of the former's preferential trading status with the U.S.
For future Indian defendants, it will be of paramount importance to understand the strategies and tactics of U.S. enforcement agencies in charge of bribery, national security and fraud investigations.
When regulators come knocking, those who choose to sit idly by will find themselves at a disadvantage.

Client Alert May 15, 2019

“Cartels Beware”: U.S.-Korea Antitrust Enforcement Likely to Reach a New Scale

A recent meeting between antitrust enforcers from South Korea and the U.S. signals an increase in future collaboration between the U.S. Department of Justice (DOJ) and Korea Fair Trade Commission (KFTC) on cross-border criminal antitrust enforcement.
A greater degree of DOJ-KFTC collaboration will result in increasingly complex multinational antitrust litigation.
When these enforcers take collaborative actions, targets will require equally coordinated defense strategies - likely combining the knowledge of both Korea and U.S. antitrust specialists.

Publications May 13, 2019

Beau Barnes Discusses Potential OFAC Enforcement Strategy Shift from Companies to Executives

Kobre & Kim’s Beau Barnes brings his economic sanctions and regulatory background to evaluate recent developments in enforcement actions from the U.S. Treasury's Office of Foreign Assets Control (OFAC) and their implications for U.S. companies in Law 360.

Events May 8, 2019

Jian Wu Discusses Dispute Resolution Between Chinese Investors and Local African Partners

Kobre & Kim’s Jian Wu will utilize his experience in multijurisdictional investigations to discuss the unique challenges facing China-based companies operating in Africa at New York City Bar’s “Chinese Energy and Infrastructure Projects in Emerging Markets” panel in New York on May 9th.

Publications May 2, 2019

Benjamin Sirota on DOJ Antitrust’s Evolving Treatment of Corporate Compliance Programs with New York Law Journal

Kobre & Kim attorney and former Department of Justice (DOJ) Antitrust Division prosecutor Benjamin Sirota discusses the past, present and future of the U.S. Department of Justice Antitrust Division’s policy regarding whether to credit corporate compliance programs in charging decisions and at sentencing, and on what terms.

Client Alert March 27, 2019

Successfully Fighting a Spoofing or Market Manipulation Subpoena from the DOJ or the CFTC

The U.S. government has set its sights on market manipulation and “spoofing” among both traditional and digital currency traders.
For the trading firms and other market participants who could be in the government’s crosshairs, now is the time to plan how you will respond to a subpoena.
Traders and trading firms that find themselves on the receiving end of a subpoena related to spoofing or market manipulation should not immediately assume that cooperation is the best or only way to respond.

Publications March 14, 2019

Podcast: Jake Chervinsky Explores the Future of Digital Currency on Tales from the Crypt

On March 12th, Kobre & Kim attorney Jake Chervinsky joined cryptocurrency influencer Marty Bent on his Bitcoin podcast, Tales from the Crypt, for a conversation on the intersection between digital currency and the law.

Events March 7, 2019

William McGovern Discusses Regulatory Challenges for High Net Worth Individuals with Global Business Interests

On March 7th, Kobre & Kim's William McGovern utilized his experience in cross-border government enforcement defense to examine the challenges that arise for high-net-worth individuals with global business interests subject to investigation by international authorities.

Publications March 4, 2019

Benjamin Sauter and Jake Chervinsky Discuss the Rise of “Stablecoins” with CoinDesk

Kobre & Kim attorneys Benjamin Sauter and Jake Chervinsky draw upon their experience in digital currency regulatory issues to discuss the rise of “stablecoins” with leading digital currency news site Coin Desk.

Publications March 1, 2019

Kobre & Kim places in AmLaw’s “Litigators of the Week” after victory in DRW case

A team of Kobre & Kim attorneys – Jonathan Cogan, Andrew Lourie and Matthew Menchel – were recognized in The American Lawyer’s “Litigators of the Week" for their trial victory on behalf of DRW Investments, a Chicago-based proprietary trading firm, in a market manipulation case against the U.S. Commodity Futures Trading Commission (CFTC).

Events February 8, 2019

Beau Barnes Examines U.S. Enforcement of Venezuelan Sanctions in 2018

Beau Barnes will join a panel of experts to discuss the development and enforcement of U.S. sanctions in Venezuela at the American Bar Association’s event entitled “2018 U.S. Sanctions Year-in-Review” in Washington D.C. on February 19.

Events February 5, 2019

Robin Rathmell Explores Private Client Asset Forfeiture Defense at the Cambridge Forum

Kobre & Kim attorney Robin Rathmell analyzes the relationship between onshore and offshore jurisdictions in asset forfeiture actions at the Cambridge Forum on Protecting the Wealthy, their Assets and Advisors on February 11.

Events January 29, 2019

Jalil Asif KC and William McGovern Explore Wealth Structuring at STEP Cayman 2019

Kobre & Kim attorneys Jalil Asif KC and William McGovern will explore international wealth structuring and cross-border litigation at STEP Cayman’s 2019 International Wealth Structuring Forum.

Events January 17, 2019

Jonathan Cogan Examines Public Corruption Trials Post-McDonnell

Kobre & Kim attorney Jonathan Cogan will join a panel of fellow experts to discuss the impact of McDonnell v. United States on high-profile corruption cases as part of a seminar entitled “Public Corruption Trials in a Post-McDonnell World,” hosted by the Federal Bar Council in New York City on January 23rd.

Client Alert December 20, 2018

U.S. Enforcement Against the PRC: Preparing for the Next Wave

The U.S. government has made its intentions clear that it will investigate and prosecute PRC-based companies and individuals that it believes employ illegal tactics to compete with U.S. companies in key sectors.
Future U.S. actions could come from any number of directions.
Whatever action comes next, a cross-border perspective and willingness to represent PRC-side clients against the U.S. government will be essential to an effective response.