We offer an aggressive, trial-focused approach to solve problems.
Below are some recent victories we have achieved for our clients.
Kobre & Kim won the dismissal of a putative U.S. federal securities class-action complaint against Rebekah Brooks, the former head of News International, arising out of the News of the World and The Sun’s news gathering practices, including the much publicized phone-hacking allegations. The U.S. District Court for the Southern District of New York found that the court did not have personal jurisdiction over Ms. Brooks and another defendant (NI Group) and that the plaintiffs otherwise failed to state a claim against all defendants, which included News Corp., its subsidiary, NI Group and other individual defendants.
Kobre & Kim’s London insolvency practice obtained a groundbreaking security for costs award for its clients in a cross-border insolvency matter. Kobre & Kim represents clients in a challenge to the UK recognition of a Russian insolvency on the grounds that recognition is manifestly contrary to UK public policy. In a first-of-its-kind award, the foreign liquidator was ordered to post substantial security for our clients’ costs – significantly changing the dynamics of the litigation in clients’ favor.
Kobre & Kim’s Hong Kong team achieved a major victory in an international arbitration for a leading international flooring manufacturer headquartered in the U.S. against several Chinese counterparties. The arbitration was seated in Hong Kong and administered by the Hong Kong International Arbitration Centre under the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules and related to disputes arising out of multiple contracts involving a range of applicable laws, including Hong Kong law and PRC law. In a final award, the arbitral tribunal awarded our client 100% of its claim for damages plus interest, legal fees, and costs and expenses.
Kobre & Kim's Hong Kong team secured favorable results for a Cayman partnership holding the controlling stake in a Chinese company in a dispute with an early-stage investor. Resolution of the dispute enabled the client to restructure the investment, avoid Hong Kong arbitration, and settle Cayman Islands litigation.
Kobre & Kim's Hong Kong team negotiated the resolution of U.S. Securities and Exchange Commission (SEC) insider trading charges, a preliminary injunction and an asset freeze on behalf of a Chinese national.
Kobre & Kim's Hong Kong team secured favorable results for a Korean company in a Singapore International Arbitration Centre arbitration claim against a U.S. company in a substantial joint venture dispute.
Kobre & Kim's Hong Kong team achieved favorable results for a Chinese investment company in front of the SEC in connection with document requests that raised issues under China state secrets law.
Kobre & Kim’s Hong Kong team successfully assisted in efforts to reverse a Nasdaq decision to delist a Chinese company.
Kobre & Kim's Hong Kong team persuaded the DOJ and SEC to treat a regional sales manager at the Chinese subsidiary of a U.S. financial services company as a witness, rather than a subject, in a joint investigation into possible Foreign Corrupt Practices Act (FCPA) violations arising out of travel and entertainment perks allegedly provided to employees of Chinese state-owned banks.
Kobre & Kim’s Hong Kong team won a summary judgment application before the High Court of Hong Kong on behalf of a private investment fund. The judgment, in the sum of ~US $30 million, was obtained against the founders and controlling shareholders of a prominent PRC company listed on the Hong Kong Stock Exchange.
Kobre & Kim represented Chevron in the successful enforcement of an investment treaty arbitration award against the Republic of Ecuador for US $100 million+ (with interest). The firm's efforts in executing an enforcement strategy, including asset tracing, identifying seizure targets and the service of numerous discovery requests, culminated in Ecuador’s paying Chevron the entirety of the original award plus interest.
In a precedent-setting case before the Cayman Islands Court of Appeal, Kobre & Kim’s Cayman Islands team successfully argued that William and Patricia Millard’s U.S. tax liabilities cannot be considered a liability for the purposes of Cayman Islands bankruptcy proceedings, as such liabilities are not provable under Cayman Islands law. The court’s ruling prevents judgment debtors from attempting to shield themselves against the international enforcement of U.S. tax liabilities by initiating personal bankruptcy proceedings in the Cayman Islands.
Kobre & Kim’s Offshore team achieved favorable results for an offshore hedge fund executive in a regulatory investigation concerning alleged misapplication of funds and persuaded the regulator that no action needed to be taken against our client.
Kobre & Kim’s Offshore team persuades the court to exercise jurisdiction over overseas defendants in the courts of the Turks & Caicos Islands, in proceedings arising out of a failed real estate development in the Caribbean.
Kobre & Kim’s New York and London teams obtained an order in the Cayman courts to wind up holding companies in joint venture created by U.S.-based hedge funds to control a large part of the power generation sector in South America and persuaded a U.S. federal court to dismiss applications under 28 USC 1782 to depose witnesses in support of the Cayman proceedings.
Kobre & Kim’s London team secured an application to the Cayman courts for injunctive relief against intransigent Hong Kong-based company directors, causing the directors to capitulate and provide the relief sought.