International Judgment Enforcement & Offshore Asset Recovery

For litigants in Brazil, the broad scope of U.S. discovery may come as surprise. Even though the U.S. Supreme Court recently foreclosed Section 1782 discovery when the sole foreign proceeding involved is a private international arbitration, the parties in Brazilian proceedings can still leverage this instrument, as Gabriela Ruiz, Martin De Luca and Scott Nielson explain in an article for Brazilian legal publication Consultor Juridico.

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In recognition of its “laser focus on cross-border disputes and investigations,” the India Business Law Journal has placed Kobre & Kim among the top India-focused foreign law firms for 2022 in their “Regional and Specialist” category.

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Kobre & Kim has once again earned the very top rank in the Chambers & Partners Litigation Support Guide Global-wide Asset Tracing & Recovery rankings, with Michael S. Kim and Jef Klazen receiving individual recognition for their strengths.

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Kobre & Kim’s Amanda Tuminelli and Benjamin Sauter have been recognized by Citywealth magazine on its 2022 list of “Top 15 U.S. Legal Crypto Practitioners,” a guide to some of the best cryptocurrency legal counsel in the United States.

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Andrew Stafford KC has been named to Law360’s 2022 International Arbitration Editorial Board. The editorial advisory board provides feedback on Law360’s coverage and expert insight on how best to shape future coverage.

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As Chinese companies increasingly integrate around the globe, and as they become involved in more cross-border arbitration disputes, the need is rising for sophisticated practitioners who can take any resulting arbitral awards and enforce them across borders. Kobre & Kim’s Jason Kang, who focuses on a wide range of China-related cross-border disputes and award enforcement campaigns, shares his perspective on enforcing international arbitration awards during a virtual talk from 2:00 pm to 6:00 pm Shanghai time, June 10, 2022. 

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Dubai-based English barrister Richard Clarke has been recognized as a “Rising Star” by The Legal 500’s latest rankings of the top firms and practitioners in the United Arab Emirates for Dispute Resolution: Arbitration and International Litigation.

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The rise in cross-border insolvencies of cryptocurrency exchanges and trading platforms creates new challenges for stakeholders, from bankruptcy trustees, liquidators and creditors to victims of fraud looking to recover their stolen digital assets. Differing insolvency regimes make global asset recovery difficult, and bankruptcy estates increasingly have to compete with aggressive government regulators to collect stolen assets.

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The rise in cross-border insolvencies of cryptocurrency exchanges and trading platforms creates new challenges for stakeholders, from bankruptcy trustees, liquidators and creditors to victims of fraud looking to recover their stolen digital assets. Differing insolvency regimes make global asset recovery difficult, and bankruptcy estates increasingly have to compete with aggressive government regulators to collect stolen assets.

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The rise in popularity of digital assets like cryptocurrency is inevitably paired with a concurrent rise in fraud and theft. How should victims and other stakeholders approach tracking down and recovering stolen assets when they take a virtual form? Kobre & Kim’s Amanda Tuminelli, who represents clients in the digital currency industry in cross-border asset recovery campaigns, shares her insights during a Chainalysis Link NYC 2022 session at 4:15 pm New York time, May 18, 2022.

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As digital asset and cryptocurrency fraud proliferate, recovering stolen funds means applying traditional asset recovery techniques in newer and more innovative ways. In Chambers’ latest International Fraud and Asset Tracing Global Practice Guide, Kobre & Kim’s Evelyn Sheehan, David McGill, Benjamin Sauter and Amanda Tuminelli walk through how, with the help of enhanced blockchain forensics, civil litigation and government seizures, victims of fraud can successfully make themselves whole again.

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As the use of digital and cryptocurrency rises, so too do instances of crypto fraud and theft, increasing the need for asset recovery specialists, investigators and litigators to adapt their techniques to handle this new technology. Kobre & Kim’s Amanda Tuminelli, who represents clients in the digital currency industry in government investigations, shared her experience in this area at the OffshoreAlert Miami 2022 conference during a panel discussion on April 25, 2022.

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Since the Russian invasion of Ukraine and imposition of sanctions, many foreign companies and investors have sought to divest from and leave Russia. However, Russia has proposed a bill to nationalize the operations of companies that leave, raising the possibility of investor-state disputes and ISDS claims. Kobre & Kim’s Jef Klazen, who focuses on international judgment enforcement and asset recovery against sovereign entities, examined the unique issues presented by this situation during a panel hosted by Columbia Law School on April 12, 2022.

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The Cayman Islands is a key offshore jurisdiction for judgment creditors in cross-border enforcement campaigns. Kobre & Kim’s Cayman-based Jalil Asif KC, Peter Tyers-Smith and Ilona Groark detailed the main insights in the jurisdiction for creditors in a chapter of International Comparative Legal Guide’s “Enforcement of Foreign Judgments 2022.”

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