Client Alert July 17, 2025

Managing Cross-Border Risks Amid Renewed U.S. FCPA Enforcement

  • The U.S. Government’s latest guidance marks a renewed focus on Foreign Corrupt Practices Act (FCPA) enforcement following a temporary pause.
  • Companies operating across borders should proactively assess their exposure; strengthening compliance, identifying vulnerabilities, and managing reputational risks are key to navigating this evolving landscape.

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Publications July 16, 2025

Sydney Johnson with ZeroShadow on How Industry Leaders Can Change Crypto Freezes and Recovery

Kobre & Kim’s Sydney Johnson shared her expertise on recovery of stolen crypto assets with zeroShadow in a recent article titled “North Korea Laundered $1 Billion of Crypto in 4 Months. How Industry Leaders Can Change Crypto Freezes and Recovery.”

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Client Alert July 11, 2025

Russian Entities Seek Arbitration in Hong Kong’s Neutral Forum

  • As Western sanctions limit access to traditional dispute resolution forums for parties from Russia and other sanctioned jurisdictions, entities are increasingly turning to Hong Kong for cross-border arbitration.
  • With its neutral legal environment, absence of local sanctions, and global enforceability of awards under the New York Convention, Hong Kong offers a strategic and practical alternative—particularly for sensitive, high-stakes disputes and those involving offshore asset structures.

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Client Alert July 3, 2025

Chinese Infrastructure Investors Can Effectively Challenge Sovereign Debtors

  • Chinese investors are playing an increasingly significant role in sovereign-related investments worldwide, especially in Europe, Africa, and Latin America.
  • This raises enforcement challenges linked to sovereign immunity.
  • Investors and claimants facing sovereign debtors should adopt bold, non-traditional strategies beyond litigation to effectively protect their interests and navigate these complexities.

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Publications July 2, 2025

Michael Ng and Daniel Zaheer Discuss Strategies Following Busted M&A Deals

Michael Ng and Daniel Zaheer discussed Kobre & Kim’s strategies for parties harmed by misconduct following cross-border merger and acquisition deals, including misuse of confidential information, in a feature interview with Israel Desks. 

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Client Alert June 26, 2025

Cross-Border Tools for Korean Creditors Seeking Recovery from Brazilian Debtors

  • As economic ties between Brazil and Korea deepen, Korean companies may face challenges enforcing judgments or arbitration awards against Brazilian counterparts.
  • Given the complexities of Brazil’s legal system, Korean creditors should consider a multijurisdictional strategy—leveraging offshore jurisdictions and U.S. legal mechanisms—to improve enforcement outcomes and navigate the process more effectively.

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Client Alert June 20, 2025

Non-U.S. Creditors Can Crack Delaware’s Domestic Asset Protection Trusts

  • Delaware’s Domestic Asset Protection Trusts (DAPTs) have earned the state a reputation as a premier jurisdiction for shielding assets from creditors.
  • These trusts attract individuals and entities around the world seeking strong legal protections.
  • While international creditors may view asset recovery efforts in Delaware as daunting, it is possible to overcome these protections with a strategic, multijurisdictional approach.

 

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Publications June 17, 2025

Jef Klazen Offers Insight on International Judgment Enforcement in the Daily Journal

Kobre & Kim’s Jef Klazen was recently quoted in the Daily Journal article titled "Ukrainian chemical company asks Sacramento court to enforce $275.8M verdict against Russia”.

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Publications June 13, 2025

Kobre & Kim Recognized in 9fin’s Private Credit Enforcement Series for Cross-Border Asset Recovery Work

Kobre & Kim’s reputation as a leading law firm for complex judgment-enforcement actions in the private credit market is spotlighted across both installments of 9fin’s recent investigative series focusing on the private credit space.

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Client Alert June 12, 2025

Reducing Chinese Entities’ Risks as U.S. Scrutiny Grows

  • Chinese companies and individuals with ties to the U.S. face increasing regulatory and enforcement risks.
  • The U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC) are expected to intensify their investigations and enforcement efforts
  • Those potentially affected should act early and decisively to mitigate exposure, navigate emerging challenges, and safeguard commercial opportunities.

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Client Alert June 5, 2025

Navigating Distressed Situations in the Growing Private Credit Market

  • As private debt continues to grow rapidly as a global asset class, investors and asset managers must remain vigilant to the increasing risks that accompany this expansion.
  • With deal complexity on the rise, these risks are particularly acute in cross-border, high-value credit arrangements.
  • A coordinated multi-jurisdictional strategy enables creditors to secure more substantial leverage in pursuit of favorable recoveries in response to defaults. 

 

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Client Alert May 29, 2025

Kobre & Kim Enforces Over US $2 Billion in Distressed Bonds

  • The changing business environment has exacerbated financial challenges, eroding asset values, and driven a spike in defaults. Large distressed debt positions cannot always be monetized through consensual restructurings.
  • Over the past 24 months, Kobre & Kim has enforced distressed debt, including offshore US dollar bonds, valued at more than US $2 billion in jurisdictions that span Asia, the Middle East, Offshore, North America, and Latin America.
  • To successfully monetize credit, it is essential to deploy strategies that leverage a combination of cross-border asset recovery in onshore and offshore jurisdictions, as well as creative out-of-court approaches to facilitate the voluntary resolution of claims.

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Publications May 28, 2025

Steven Kobre with the New York Law Journal on Why Law Firms are Shifting to Alternative Fee Structures

Contingency and success-based alternative fee structures are becoming more prominent as law firms align with clients who want shared risk and reward in complex litigation. Kobre & Kim’s Steven Kobre shared his insight with the New York Law Journal at a recent roundtable hosted by Burford Capital.

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Client Alert May 22, 2025

Dubai and Abu Dhabi Courts Widen Door for Creditors in the UAE

  • A new Memorandum of Understanding (MoU) between the Dubai Courts and the Abu Dhabi Global Market (ADGM) Courts marks a significant step forward for creditors seeking to enforce claims in the UAE.
  • By establishing mutual recognition of judgments and awards, the MoU brings greater clarity to a legal landscape long seen as complex and uncertain.
  • In light of this progress, creditors operating in the UAE should consider proactive strategies to enhance their recovery prospects across both offshore and onshore systems.

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Client Alert May 19, 2025

Kobre & Kim Represents Debtors in Defending Against the Enforcement of More Than US $10 Billion in Claims

  • Kobre & Kim has effectively supported judgment debtors navigating the financial, legal, and strategic challenges associated with adverse judgments, arbitration awards, and defaulted bonds and loans.
  • By mitigating enforcement risks while minimizing the need for significant financial outlays, the firm reduced the value of claims by more than US $10 billion.
  • Withstanding a proactive creditor requires a coordinated, multi-jurisdictional approach leveraging an aggressive set of cross-border tools, as our team described below.

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