Enforcing a Foreign Judgment in the UAE: New Opportunities

  • The United Arab Emirates (UAE) is becoming increasingly friendly to global judgment creditors looking to enforce their judgments.
  • Recent developments signal increased receptivity to fast-tracking recognition and enforcement through reciprocity.
  • We survey the landscape and look at how the country can form a crucial part of a worldwide enforcement campaign.

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Enforcing Minority Shareholder Rights in Asia: A Comparative Guide to Just and Equitable Winding Up

  • Minority shareholders have options to stand up to majority shareholders and directors, such as unfair prejudice claims or derivative actions.
  • However, if these do not achieve the desired result, one more tool is available to exert pressure: a just and equitable winding up.
  • We lay out how this tool can be applied in five key jurisdictions for corporate structures in Asia.

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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.

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Publications November 23, 2022

Calvin Koo Lays Out Roadmap for Recovering Stolen Digital Assets in Hong Kong for the Hong Kong Lawyer

Hong Kong is a global financial center with a common law legal system, useful judicial tools for asset tracing and recovery, as well as sophisticated law enforcement, making it a key jurisdiction for those recovering their digital assets from fraud or other property disputes. Kobre & Kim’s Hong Kong-based Calvin Koo, who focuses on tracing and recovering digital assets, laid out a roadmap for recovery in an article for the Hong Kong Lawyer.

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Bankruptcy is Not the Only Way: Alternative Insolvency Techniques in Delaware

  • As the place of incorporation for many entities, Delaware has become a center for resolving high-stakes, cross-border insolvencies.
  • But many parties, especially from outside the U.S., default to using Chapter 11 bankruptcy, when it can be long, drawn-out, unpredictable and costly.
  • Our Insolvency and Delaware teams outline alternatives in the state that could be quicker and cheaper.

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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.

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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.

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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.

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Publications November 2, 2022

Law.com International Profiles Kobre & Kim’s “Thriving” Brazil Office

Kobre & Kim’s launch and expansion of its São Paulo office during the height of the pandemic in 2020 has paid dividends, according to Kobre & Kim’s Gabriela Ruiz and Leonardo Palhares when they sat down with Law.com International, highlighting the firm’s thriving regional business, ability to represent large Brazilian companies and individuals globally when litigation arises and on-the-ground Lusophone team.

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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.

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The Upcoming Brazil Election and Risks for Politically Exposed Persons

  • Brazil’s looming election could lead to a sharp shift in government and potentially, as part of a global trend, result in politically motivated investigations against rivals and their businesses.
  • These investigations can involve misconstrued allegations or undermined due process, and can threaten even overseas assets.
  • Our International Private Client team explains how politically exposed individuals can take proactive steps to protect their assets, liberty and reputation.

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Global Crisis Management For Targets of Large-Scale Crypto Fraud

  • When crypto and blockchain companies, funds or exchanges find themselves the target of a sophisticated, large-scale fraud or cyber attack, speed through global reach is key.
  • Companies often make impulsive decisions that imperil their recovery chances and business interests.
  • The pseudonymous and borderless nature of cryptocurrency means companies need to take a cross-border and nontraditional approach to maximize success.

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Publications October 17, 2022

Calvin Koo on Hong Kong’s Changing Landscape in Cryptocurrency Regulation and Recovery

As conduits of the flow of global capital, financial centers such as Hong Kong see their share of illicit funds flow through their shores. This includes cryptocurrency, which bad actors increasingly turn to in their fraudulent schemes. Kobre & Kim’s Calvin Koo, who focuses on tracing and recovering digital currencies for corporate and individual victims of fraud, sat down with DigFin to examine the changing landscape and discuss how a new association of crypto lawyers he co-founded in Hong Kong can help the industry adapt.

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Maximize Shareholder Value: Activist Investor Strategies in Korea

  • Recent developments in Korea have made Korean chaebols attractive to overseas activist investors.
  • However, the intricacies of Korean capital markets and legal practice, and the influence of chaebols, mean investors need to tread carefully.
  • Only by engaging in creative strategies that consider local and overseas factors can investors have the greatest chance of maximizing shareholder value.

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Publications October 6, 2022

Daniel Zaheer and Julian Pymento Unpack the Globalization of U.S. Trade Secrets Law in The Daily Journal

No international legal regime protecting trade secrets exists, but non-U.S. companies may be surprised to learn that U.S. courts and agencies have filled this void, applying U.S. law to cross-border disputes. This trend could devastate overseas companies that are unprepared to have their practices scrutinized under US rules. For would-be trade secret plaintiffs, the trend creates a major opportunity. Kobre & Kim’s Daniel Zaheer and Julian Pymento, who both focus on high-stakes cross-border intellectual property litigation, explain in an article for The Daily Journal.

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