Government Enforcement Defense | Kobre & Kim — Disputes and Investigations

Accolades June 1, 2023

Kobre & Kim Tops Chambers USA Florida Litigation List, All Miami Partners Recognized

Kobre & Kim has again earned the very top rank in the Chambers USA 2023 rankings for Florida white-collar crime and government investigations, and every Miami-based partner has also earned top individual rankings.

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.

Events May 4, 2023

Steven Kobre Discusses the Ethics of Bootleg Evidence in Cross-Border Disputes During ABA Conference

For international disputes lawyers representing a multinational company victimized by wrongdoers in another country, developing a thorough evidence record is key to success. However, what should lawyers do when they encounter an offer of evidence from a questionable source? Kobre & Kim founding partner Steven Kobre explores the ethical considerations at the 2023 ABA International Law Section Annual Conference in New York during a session at 2:30 pm, May 4, 2023.

Client Alert May 4, 2023

Chinese Companies Should Not Shy Away From Potential Disputes Against Korean Chaebol Competitors

More Chinese companies are entering the Korean market, running head-on into family-owned conglomerates known as chaebols.
In a dispute, the overwhelming dominance of chaebols and the intricacies of the Korea legal market make it hard for Chinese companies to find a way out.
However, by combining creative legal and PR strategies, Chinese companies can put pressure on their competitors and protect their business interests.

Client Alert April 26, 2023

Non-U.S. Companies Beware: U.S. Corporate Leniency Programs May Not Achieve Best Outcome

Recent comments by top U.S. Department of Justice (DOJ) officials seem to signal an emphasis on leniency programs for companies cooperating on corruption and bribery investigations.
However, non-U.S. companies should not let their guard down – the DOJ continues to stretch the bounds of its jurisdiction to aggressively prosecute companies beyond the U.S.
We unpack counteroffensive strategies at-risk companies should consider to stand up to DOJ overreach and drive successful outcomes.

Publications April 11, 2023

Evelyn Sheehan to Anti-Corruption Report: U.S. DOJ Compensation Claw Back Program Improperly Shifts Government Burden to Employers

The U.S. Department of Justice’s (DOJ) new pilot program incentivizing companies under investigation to claw back compensation from culpable employees and supervisors attempts to shift the burden of corporate wrongdoing from shareholders to those directly responsible. However, as Kobre & Kim’s Evelyn Sheehan – who focuses on asset forfeiture and other government enforcement actions – told Anti-Corruption Report, the program offloads the government’s burden onto companies and adds to the challenges they face.

Client Alert February 22, 2023

Lessons from LBRY: Standing Up to Regulatory Oversight

The global crypto industry may have celebrated prematurely at a reported win by LBRY amici against the U.S. Securities and Exchange Commission.
In fact, enforcement threats are at an all-time high, and the SEC and other regulators are emboldened.
Only by matching the regulator’s aggressiveness with equally aggressive strategies can industry players see success.

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.

Client Alert February 16, 2023

Traders Can Stand Up to Investigations from Regulators and Exchanges

U.S. government regulators are ramping up enforcement actions against traders for alleged market manipulation and spoofing.
Exchanges and self-regulatory organizations are piling on, subjecting traders to their own investigations.
Traders should not be afraid to stand up to these entities, and there are effective counteroffensive measures that can drive successful outcomes.

Client Alert January 30, 2023

Korean Companies Should Prepare For Rising U.S.-Korea Parallel Antitrust Investigations

Korean and U.S. antitrust enforcers are working ever closer together in investigating potential anticompetitive behavior.
Korean companies are at risk – even conduct based entirely in Korea could be scrutinized.
We look at the enforcement hotspots and how Korean companies can deploy an effective multijurisdictional defensive strategy.

Events January 24, 2023

Jonathan Cogan Explores U.S. Enforcement Developments at ABA Meeting

Recent developments have signaled that U.S. regulatory and enforcement agencies are taking a new – and tougher – approach to their enforcement efforts against traders and companies, including in the cryptocurrency industry. Kobre & Kim’s Jonathan Cogan, who focuses on high-stakes disputes and investigations in the futures and other derivatives markets, examines these trends during a panel discussion at the 2023 American Bar Association Derivatives Law Committee Winter Meeting at Hilton Head Island, South Carolina, from February 2 to 4, 2023.

Events January 20, 2023

Calvin Koo Unpacks Crypto Trends into 2023 in Fintelekt and ABA Webinar

In 2022, the cryptocurrency market started optimistically – both in terms of value and in the interest institutional investors showed. The year ended very differently, with high-profile collapses and bankruptcies, accelerating calls for more regulatory scrutiny. What does the year ahead look like for the industry? Kobre & Kim’s Calvin Koo, who focuses on cross-border disputes involving digital assets, surveyed the landscape when he joined a webinar presented by Fintelekt Advisory Services and the Asian Bankers Association on January 13, 2023.

Events January 10, 2023

Benjamin Sirota Moderates Panel on Antitrust and the Supreme Court at New York State Bar Association Annual Meeting

Focus on antitrust issues is on the rise in the United States, from congressional proposals of new legislation to aggressive enforcement by the antitrust agencies. In this climate, how will the U.S. Supreme Court weigh in? Kobre & Kim’s Benjamin Sirota, a former U.S. federal antitrust prosecutor, moderates a panel discussion during the New York State Bar Association Antitrust Section’s annual meeting, at 10:25 am New York time, January 18, 2023.

Publications December 19, 2022

Benjamin Sirota Analyzes FTC Challenge of Microsoft-Activision Deal with Bloomberg Businessweek, WSJ and MLex

The U.S. Federal Trade Commission’s (FTC) attempt to block Microsoft’s acquisition of video game developer Activision Blizzard is, to some, a surprising and aggressive move with long odds. Kobre & Kim’s Benjamin Sirota, who focuses on contentious high-stakes antitrust disputes, analyzed the case when he sat down with Bloomberg Businessweek, The Wall Street Journal and MLex Market Insights.

Accolades December 19, 2022

Kobre & Kim Placed in 2022 Global Investigations Review 100

Global Investigations Review has again placed Kobre & Kim in its 2022 GIR 100, a leading list of the world’s top firms handling sophisticated cross-border government-led and internal investigations of corporates and individuals.