Government Enforcement Defense

Our trial lawyers have extensive experience aggressively defending clients in high-profile cases against the government. Our criminal and regulatory practice is primarily cross-border, often involving simultaneous investigations by law enforcement authorities in several countries. We are one of the only firms with former U.S. prosecutors permanently stationed in offices in Asia, Europe and the Middle East.


Events March 28, 2024

Calvin Koo Explores Future of Web 3.0 Technology at Hong Kong Conference

The development and proliferation of decentralized blockchain technology has created excitement over a new iteration of the web called Web 3.0. But what should industry participants be aware of as their ambitions run into global legal and regulatory realities? Kobre & Kim’s Calvin Koo, who focuses on cross-border financial technology disputes, discusses during the Hong Kong Web 3.0 Spring Summit on a panel at 1:10 pm local time, April 5, 2024.

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Client Alert March 21, 2024

New U.S. Rules For Investment Advisors Could Bring Aggressive Scrutiny on Non-U.S. Individuals

  • New rules proposed by the U.S. Financial Crimes Enforcement Network (FinCEN) would extend U.S. anti-money laundering program requirements to investment advisors.
  • This could become the latest move by U.S. authorities to scrutinize the assets and transactions of ultra-high-net-worth individuals, including those outside the U.S.
  • At-risk individuals and their advisors should take proactive steps to protect their legitimate interests.

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Client Alert March 4, 2024

Companies and Individuals in Greater China Can Protect Themselves from U.S. Sanctions Overreach

  • The United States and its allies continue to use sanctions to attack adversarial governments and their perceived allies, putting companies and individuals with tenuous or merely alleged ties at risk.
  • Recent sanctions have targeted Russia, but PRC companies were designated in the February 2024 round, signaling increasing risk to PRC individuals and business if China-U.S. relations deteriorate.
  • At-risk individuals and business should take proactive steps to prepare.

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Accolades February 15, 2024

Chambers Global 2024 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 for 2024.

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Events January 26, 2024

Ana Frischtak Discusses Negotiating Settlement Agreements at TozziniFreire Advogados Event

What should practitioners be aware of as they negotiate FCPA-related settlement agreements with U.S. regulators? Kobre & Kim’s São Paulo-based Ana Frischtak, who focuses on cross-border disputes and government enforcement defense matters, discusses during a TozziniFreire Advogados event on “The Future of Investigations” at 8:30 am São Paulo time, January 30, 2024.

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Client Alert November 22, 2023

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.

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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.

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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.

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Client Alert September 28, 2023

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.

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Client Alert September 21, 2023

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.

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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.

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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. 

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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.

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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.

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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.

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