Insights | Kobre & Kim — Disputes and Investigations

Client Alert April 30, 2026

Managing Indirect Exposure Risks in a Shifting Global Sanctions Landscape

Geopolitical tensions are intensifying global sanctions enforcement, with regulators increasingly targeting indirect exposure through complex cross-border networks.
As uncertainty grows around shifting regimes, companies facing heightened legal and operational risks should strengthen diligence, assess exposure, and integrate sanctions into broader risk management.

Publications April 27, 2026

Michael Ng featured in IAM Magazine on AI Distillation and Trade Secret Law

This past week, the White House declared adversarial, unauthorized and “industrial-scale” AI distillation a national security threat. “Distillation” describes a common AI development practice: using the outputs of one model to help develop another. But where distillation crosses the line into weaponized copying, it creates risks for innovators.

Kobre & Kim’s Michael Ng spoke with IAM magazine about the practice, and protections under existing trade secret laws.

Publications April 23, 2026

Kobre & Kim Examines How Regulatory Probes of Prediction Market Platforms Are Reshaping Risk and Strategy

In a recent Law360 article, Kobre & Kim’s Jessica Fender, Jonathan Cogan, Michael Cinnamon, and Danielle Bateman examine how increased regulatory attention involving prediction market platforms is reshaping their strategic considerations.

Client Alert April 23, 2026

Private Credit Lenders Face Rising Default Risk and Enforcement Challenges

Amid the rapid growth of private credit and rising default concerns, recent distress events have exposed structural vulnerabilities and underscored the need for strong diligence, ongoing monitoring, and early enforcement planning.
As transactions become more complex and cross-border, lenders face increasing exposure to litigation, regulatory scrutiny, and multi-front disputes when deals unravel.

Client Alert April 16, 2026

Navigating Asset Recovery in the Face of Criminal Enforcement

Agencies pursuing criminal enforcement often move quickly to seize assets, complicating civil asset recovery for creditors by creating uncertainty around control, timing, and recoveries.
These challenges are amplified in cross-border matters, where overlapping regimes and parallel proceedings can fragment recovery efforts and increase risk.
Effective strategies require early jurisdiction assessment, careful analysis to preserve assets outside forfeiture scope, and coordination with authorities.

Client Alert April 7, 2026

Combatting Investigations & Enforcement Arising Out of Prediction Markets

Prediction markets are drawing increased scrutiny from regulators and prosecutors, with overlapping enforcement efforts and a still-developing legal framework.
Proactive risk management and strategic responses to inquiries are critical as exchanges expand their own enforcement and the threat of investigation grows.

Client Alert March 31, 2026

Managing Cross-Border Enforcement Risk Amid Oil Market Volatility

Oil market volatility and geopolitical instability are increasing the enforcement challenges for distressed counterparties, sanctions exposure, and contested assets cross-border disputes.
An enforcement-focused approach that prioritizes early asset identification, strategic jurisdictional choices, and alignment with recovery objectives is critical to preserving value and maintaining leverage in this environment.

Client Alert March 26, 2026

How Non-U.S. Creditors Can Reach Delaware Trust Assets

Delaware Domestic Asset Protection Trusts (DAPTs) offer strong statutory protection when properly structured.
However, non-U.S. creditors may still pursue recovery through multijurisdictional strategies, including challenges to the validity of the trust, reliance on creditor-friendly jurisdictions, and fraudulent-transfer claims.

Client Alert March 19, 2026

Cayman Court Dismissed Efforts to Freeze Assets in US $270M Charitable Fund Dispute

A Cayman Islands court has dismissed liquidators’ efforts to freeze remuneration paid to a professional director represented by Kobre & Kim in a dispute involving a US $270M charitable fund structure, rejecting claims that he held traceable assets subject to a proprietary claim.
The ruling underscores that injunctions are exceptional remedies requiring a credible merits case and reliable evidence.

Client Alert March 5, 2026

Cross-Border Remedies for Chinese Investors in Brazilian Companies in Distress

Economic volatility across Latin America is driving a new wave of restructurings that expose Chinese investors to complex, cross-border disputes affecting recoveries.
Because many companies operate through offshore structures and hold assets across jurisdictions, effective recovery strategies often require coordinated insolvency proceedings, while navigating growing geopolitical and regulatory sensitivities in strategic sectors, to protect value and maximize recoveries.

Client Alert March 3, 2026

What the U.S. Supreme Court’s Tariff Decision Means for Importers Seeking Recoupment

The Supreme Court’s February 2026 decision narrowing presidential tariff authority has triggered a surge of litigation as businesses seek to recoup more than $130 billion in duties paid under the invalidated 2025 regime.
While the ruling confirms the Court of International Trade as the key forum, significant questions remain over who can recover, what relief is available, and how new tariffs may affect pending and future claims.

Client Alert February 26, 2026

Managing Joint Venture Dispute Risk in Israel’s Expanding Infrastructure Market

Driven by projects with significant foreign participation and layered cross-border joint venture structures, Israel’s expanding infrastructure market is increasing the frequency and complexity of disputes that often unfold across multiple jurisdictions.
Governance breakdowns, funding obligations, deadlock mechanisms, and enforcement challenges rooted in early-stage structuring decisions shape where disputes arise, how they proceed, and the options available to project participants.

Client Alert February 19, 2026

User Beware: AI and the Potential Lack of the Attorney–Client Privilege

Use of artificial intelligence in legal disputes and investigations can unintentionally imperil sensitive information.
A recent federal court ruling allowing prosecutors to access AI-generated materials highlights how AI tools’ data-retention practices and terms of use can make communications discoverable.
Practical guardrails can help potential litigants preserve privilege, protect legal strategy, and reduce litigation and reputational risk.

Client Alert February 12, 2026

Navigating Enforcement and Reputational Risks Amid Escalating “Shadow Fleets” Scrutiny

Governments in Europe, the UK, and the U.S. are expanding sanctions and enforcement actions targeting “shadow fleets” — vessels that operate outside traditional flag, insurance, tracking, and ownership-transparency standards.
These developments create legal, operational, and reputational risks for companies connected to global shipping and related sectors.
Companies may take measures to assess exposure, strengthen monitoring, prepare for enforcement actions, and coordinate with regulators and counsel.

Client Alert February 5, 2026

Hong Kong Is A Practical Hub for Multi-Jurisdictional Enforcement and Recovery

Hong Kong arbitration serves as a gateway for cross-border disputes involving both Mainland China and offshore financial centers.
Its arbitration-friendly courts, unique access to mainland interim measures, and strong enforcement reach position Hong Kong not just as a neutral seat, but as a practical hub for multi-jurisdictional enforcement and recovery.