Government Enforcement Defense | Kobre & Kim — Disputes and Investigations

New U.S. DOJ “Safe Harbor” Provisions May Not Be So Safe for Non-U.S. Companies

The U.S. Department of Justice announced a new policy promising companies leniency if they report uncovered misconduct within six months of a merger or acquisition.
Though this may at first appear to be “good news,” it demonstrates the DOJ’s increasing aggressiveness to companies – including non-U.S. companies – that did not commit any wrongdoing.
We look at why companies should be wary of cooperation, and how they can approach the DOJ more prudently.

Events October 13, 2023

Kobre & Kim Co-Sponsors New York Bar Associations’ Event on U.S. Criminal Antitrust Enforcement

The U.S. Department of Justice (DOJ) Antitrust Division’s approach to criminal antitrust enforcement has dramatically evolved in recent years. To examine what this means for practitioners, Kobre & Kim is co-sponsoring “DOJ Criminal Antitrust Enforcement: A Look Back And A Look Ahead,” hosted by the New York State Bar Association (NYSBA) and New York City Bar Association at 6:00 pm New York time on October 18, 2023.

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.

Crypto Parties Can Stand Up to Regulatory Overreach

U.S. regulators are aggressively stretching the bounds of their jurisdiction over the cryptocurrency and digital asset space.
This puts exchanges, founders, investors and other parties at risk of increased uncertainty and risk of investigation and enforcement.
Deference may not earn targets leniency – instead, as a recent Kobre & Kim settlement shows, standing up to the regulators can pay dividends.

Risk Rises for Korean Companies as U.S. Pursues More Aggressive Antitrust Enforcement

Aggressive antitrust enforcement is a priority for the U.S., both at home and abroad.
Korean companies are on the radar, particularly with alleged procurement fraud, putting them at risk of massive fines and multijurisdictional investigations.
We explain the risks and responses Korean companies should consider.

Events September 7, 2023

Jason Kang Explores Overseas Enforcement Risks Facing Chinese Companies in China Global Compliance Summit

Chinese companies that operate or invest overseas must consider how to navigate scrutiny by overseas law enforcement agencies. In particular, the long-arm jurisdiction of the United States – including through the use of financial sanctions – is of special concern. Kobre & Kim’s Jason Kang, who focuses on China-related disputes, examines the risks and explores mitigation strategies during the China Global Compliance Summit in Beijing at 2:00 pm, September 14.

Events September 6, 2023

Jonathan Cogan Explores Lessons Learned from Recent White-Collar Trials on PLI Panel

U.S. enforcement agencies – including the Department of Justice (DOJ), Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) – are aggressively expanding their white-collar enforcement activities. Many more targets are at risk of facing investigation and trial.

Firm News September 5, 2023

U.S. Federal Prosecutor Michael Keilty Joins Kobre & Kim

NEW YORK, September 5, 2023 – Kobre & Kim, an international disputes and investigations law firm, has announced that former Eastern District of New York (“EDNY”) Assistant U.S. Attorney Michael Keilty has joined the firm to enhance its International Private Client (“IPC”) offering. He will be based in the firm’s New York Office but is expected to travel regularly to the firm’s other offices serving IPC clients, including Dubai, Tel Aviv, Cyprus, Hong Kong and London, among others.

Events September 5, 2023

Michael Sherwin on Corporate Responses to Cyber-Intrusion Investigations at APEX Conference

Corporations are facing a rising number of customer data breaches and other criminal cyberattacks and cyber-intrusions, often attracting the attention of law enforcement. How should companies respond to a potential investigation? Kobre & Kim’s Michael Sherwin, former Acting U.S. Attorney for the District of Columbia focused on national security matters, explains at the APEX Asset Protection Executive Xchange in Nashville, Tennessee, during a keynote address on September 15, 2023.

Events August 30, 2023

Evelyn Sheehan Discusses Civil Forfeiture at Cambridge International Symposium

As more governments expand their asset forfeiture authority to include civil or “non-conviction-based” (“NCB”) forfeiture, targets and their advisors should be aware of how prosecutors have wielded this authority and what the limits are. Kobre & Kim’s Evelyn Sheehan, a former U.S. federal prosecutor who was the Deputy Chief of the Asset Forfeiture Division in Miami, explains at the 40th International Symposium on Economic Crime at Cambridge University, UK, during two workshops on Wednesday, September 6, 2023.

Accolades August 25, 2023

Kobre & Kim and Adriana Riviere-Badell Earn Top Chambers Rankings for Latin America International Counsel

The latest Chambers “Latin America Corporate Crime & Investigations (International Counsel)” rankings have placed Kobre & Kim among the top international firms and Miami-based Adriana Riviere-Badell among the top international lawyers advising on cross-border matters arising in Latin America.

Global Companies Can Gain Advantage From Aggressive U.S. Antitrust Enforcement

U.S. government antitrust agencies – including the U.S. Department of Justice Antitrust Division and Federal Trade Commission – have become increasingly aggressive in their enforcement.
While this puts more multinational companies with U.S. links at risk, it could also present an opportunity.
Our team explains how the changing antitrust enforcement environment can provide tools for companies to keep their competitors in check.

Publications August 1, 2023

Matthew Menchel Speaks on Defense of UBS Banker Raoul Weil on Podcast

Kobre & Kim’s Matthew Menchel joined David Oscar Markus on the podcast “For the Defense” to speak about the defense and successful acquittal of Swiss UBS banker Raoul Weil.

What Multinational Companies Should Know About Unprecedented Extraterritorial Activities by the South Korean Police

The South Korean Police are expanding their extraterritorial activities, with many multinational companies now in their sightline.
Many companies are unfamiliar with handling Korean inquiries and investigations, but their next steps can be crucial to risks to their business.
Our cross-border team explores strategies to help companies mitigate their risks and stand up to prosecutorial overreach.

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.