Special Situations Disputes

Kobre & Kim is called upon by major corporations, investment funds and portfolio companies to litigate high-stakes trials and other commercial disputes adverse to major financial institutions and non-bank lenders. Many of our matters – including inter-creditor litigation; M&A and corporate governance disputes; antitrust and competition litigation; and securities, derivatives and structured products litigation – require global strategies and cross-border execution.


Client Alert November 18, 2025

Kobre & Kim Secures Dismissal in Chinese Healthcare Company U.S. Shareholder Action

  • Kobre & Kim secured a significant victory in October 2025 in the Supreme Court of the State of New York on behalf of a leading Chinese healthcare company and its affiliates.
  • The ruling represents an important outcome for Chinese corporates and investors navigating cross-border shareholder disputes in U.S. courts and highlights the complexity of cases involving overlapping U.S. and offshore legal systems.

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Client Alert October 30, 2025

Evolving Corporate Governance in South Korea Presents New Imperatives for Global Investors

  • South Korea’s recent wave of corporate governance reforms marks a significant turning point for companies and investors with Korean exposure.
  • While these changes promise stronger minority protections and improved transparency, they also introduce transitional challenges.
  • For global investors, success will depend on leveraging new shareholder rights, monitoring governance shifts, and coordinating cross-border strategies to manage exposure and seize emerging opportunities.

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Events August 25, 2025

Sergio de Aguiar Moderates Panel at the Kobre & Kim–Sponsored 2nd Congress on Special Situations and Litigation Finance in São Paulo

Kobre & Kim recently sponsored the 2nd Congress on Special Situations and Litigation Finance in São Paulo, which convened market leaders to explore the complexities of distressed assets and litigation funding in Brazil and beyond.

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Publications July 28, 2025

Alexandria Swette, Jonathan Cogan, and Daisy Joo with Reuters Legal — “User” Misrepresentations: The Legal Risk the Tech Industry Isn’t Talking About

Authored by Alexandria Swette, Jonathan Cogan, and Daisy Joo, this timely article explores an emerging legal risk for tech companies, fintech, and crypto platforms: misrepresentations about user metrics.

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Publications April 24, 2025

Jacob Kirkham on His Delaware Commercial Litigation Practice in Vault Q&A

As part of Vault’s 2025 Guide to Legal Practice Areas, Kobre & Kim’s Jacob Kirkham provided an in-depth Q&A on his Delaware-based commercial litigation practice.

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Client Alert September 26, 2024

The Next Challenge For Independent Outside Counsel Performing Internal Investigations: Employees’ Personal Cell Phones

  • The private cell phones of employees in high-stakes internal investigations can put key stakeholder relationships at risk, posing a serious challenge for general counsel or law firms unwilling to “burn a bridge” with a client or other external stakeholder.
  • In these complex situations, an independent, “one-off” third party uninterested in pursuing institutional relationships can be critical in delivering an unbiased, confidential assessment.
  • Companies should seek to limit liability by taking a few preventive measures to avoid serious risks associated with investigations.

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Client Alert July 15, 2024

Kobre & Kim Clients Receive Favorable Ruling in Incora/Wesco Uptier Transaction

  • Following a six-month trial in the Incora/Wesco matter, U.S. Bankruptcy Judge Marvin Isgur delivered an oral decision in favor of Kobre & Kim’s clients on July 10, 2024.
  • Judge Isgur found that Incora/Wesco’s 2022 uptier transaction breached the lien protections in the Company’s 2026 secured note indenture. 
  • Kobre & Kim's clients challenged the transaction, which involved US $250 million in gross new money and the exchange of over US $1 billion of other debt.

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Client Alert June 20, 2024

Mitigating Korean Investors’ U.S. Commercial Real Estate Losses

  • Many Korean and other Asian investors have poured money into the U.S. commercial real estate market, whether investing directly in property or through commercial mortgage-backed securities (CMBS) or real estate investment trusts (REITs).
  • The pandemic, the fastest interest rate hike in decades and a drawback from risk-taking by U.S. regional banks in the wake of bank failures have dealt grievous blows to the market.
  • This rapidly changing environment is leaving many investors vulnerable to mortgage defaults and lower valuations on their investments.

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Publications May 29, 2024

Matthew I. Menchel Shares Experiences in Criminal Law and Views on Bridging the Pay Gap on Podcast

From his time working as a federal prosecutor to achieving victory in complex civil litigation, Kobre & Kim’s Miami-based lawyer Matthew I. Menchel shared his experiences with white collar defense and corporate investigations attorneys Marissel Descalzo and Vanessa Johannes Singh, hosts of the Athena Rising podcast.

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Publications March 28, 2024

Jacob Kirkham to Bloomberg Law on What Comes Next for Delaware After Moelis Ruling

The landmark Moelis ruling by the Delaware Court of Chancery has some speculating over Delaware’s place as America’s corporate capital. Kobre & Kim’s Delaware-based Jacob Kirkham, who focuses on complex corporate and commercial litigation, sat down with Bloomberg Law to dissect the current legal landscape in the state.

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Client Alert December 15, 2023

Russian Litigants Can Still Access Critical Legal Tools in U.S. Courts

  • Russian individuals and companies with legitimate global interests still need to litigate their disputes in overseas jurisdictions.
  • Despite the current state of relations between the United States and Russia, U.S. courts are still giving Russian litigants a fair hearing.
  • We outline recent examples of successes that demonstrate how Russian litigants can still access powerful U.S. legal tools.

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Accolades December 4, 2023

Peter Tyers-Smith and Jalil Asif KC Recommended by Who’s Who Legal for Commercial Litigation in Cayman Islands

In recognition of their extensive experience representing clients and their global business interests in cross-border commercial disputes and investigations with an offshore nexus, Who’s Who Legal has honored Peter Tyers-Smith and Jalil Asif KC among the top practitioners for “Commercial Litigation – Cayman Islands.”

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Firm News October 5, 2023

Kobre & Kim Succeeds in Trimming Suit Against Better Mortgage Executives

In a win for the CEO and general counsel of Better Mortgage represented by Kobre & Kim, a New York federal judge significantly reduced the scope of a lawsuit against them brought by a former executive, as reported by Law360.

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Client Alert August 9, 2023

How SPAC Sponsors and De-SPACed Companies Can Protect Themselves as Valuations Plunge

  • After the SPAC boom of 2020 and 2021, many de-SPACed companies are now facing cash constraints and even bankruptcy.
  • Companies and their sponsors could face increasing scrutiny and disputes from shareholders, creditors or regulators as a result.
  • We explain how sponsors can be best positioned to prepare for the legal, financial and reputational risks that follow.

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Accolades June 1, 2023

Kobre & Kim Earns Top Recognitions in Chambers USA New York Rankings

Kobre & Kim and several lawyers have been recognized in the latest Chambers USA rankings for New York, placing among the top firms and lawyers in several categories for commercial, white-collar and financial litigation.

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