Government Enforcement Defense | Kobre & Kim — Disputes and Investigations

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.

Events December 12, 2022

Evelyn Sheehan Unpacks Penalty Phase Developments in WWCDA’s Global Enforcement Panel

As global law enforcement agencies – including and especially the U.S. Department of Justice – continue to extend their reach far beyond their borders, more individuals and entities will be subject to penalties from those jurisdictions, including asset forfeiture, clawbacks and criminal sentencing. Clients and their advisors should understand how recent developments in this area could affect their risk and exposure.

Client Alert November 30, 2022

Two Ways the Art World Could Get Swept into the Sanctions Orbit

Global sanctions targeting, among others, Russian individuals and entities are layering on top of anti-money laundering measures.
These will directly impact players in the art market, raising their litigation and enforcement risks.
We explain two particular triggers stakeholders should be aware of.

Events November 15, 2022

Daniel Lee Examines Government Tools to Fight Private Sector Corruption in Lecture at Korea ACRC

Private sector corruption takes many forms and is a serious global problem, and many law enforcement agencies around the world are eager to come up with new tools to investigate companies. Kobre & Kim’s Daniel Lee, a former U.S. federal prosecutor focused on government enforcement defense, will share what these tools look like during a lecture for the Korean Anti-Corruption & Civil Rights Commission on November 21.

Publications November 11, 2022

Amanda Tuminelli Speaks with Law360 on the “Very Broad” SEC v. LBRY Decision and the Future of Crypto Regulation

Kobre & Kim’s Amanda Tuminelli, who defends institutional clients in the cryptocurrency industry against government investigations and enforcement actions, spoke with Law360 on the recent U.S. Securities and Exchange Commission (SEC) victory over blockchain publisher LBRY in a New Hampshire federal court and what it could mean for the future of cryptocurrency regulation and enforcement, both in the U.S. and beyond.

Client Alert November 9, 2022

How Chinese Ultra-High-Net-Worth Individuals Can Protect Their Global Wealth from Seizure in a High-Tension World

As geopolitical tensions heighten, Chinese ultra-high-net-worth individuals may become increasingly at risk of becoming the target of forfeiture by hostile foreign governments.
Governments around the world have shown increasing willingness to go after assets owned by those in disfavored jurisdictions.
By deploying a coordinated global strategy, Chinese UHNWIs can lawfully defend their legitimately earned wealth.

Publications November 8, 2022

Benjamin Sirota Analyzes “Striking” U.S. Antitrust Ruling Against Publishers in Global Competition Review

A U.S. federal judge has blocked the proposed merger between publishers Penguin Random House and Simon & Schuster in “fairly striking” rulings, Kobre & Kim’s Benjamin Sirota – a former U.S. federal antitrust prosecutor – told Global Competition Review in his analysis of the case.

Accolades November 2, 2022

Kobre & Kim, Martin De Luca and Gabriela Ruiz Recognized for International Corporate Crime & Investigations in Chambers and Partners Brazil Guide

The inaugural Chambers and Partners Brazil Legal Guide 2022 has placed Kobre & Kim highly in its ranking of “Corporate Crime & Investigation (International Firms)” in recognition of the firm’s “extensive experience in cross-border disputes and investigations.”

Client Alert November 2, 2022

Non-U.S. Companies Beware: New U.S. DOJ Guidelines May Apply

The U.S. Department of Justice has released new guidelines that signal their aggressive prosecution of individuals and companies outside the U.S.
At-risk non-U.S. companies must understand the potential implications of the DOJ’s new position.
Our global Government Enforcement Defense team explains why internationally based former U.S. government lawyers are best positioned to address the issues.