Insights | Kobre & Kim — Disputes and Investigations

More Routes to Recovery for Global Creditors in the Middle East

The Middle East is opening up to cross-border investors, creditors and claimants, as Saudi Arabia’s adoption of rules based on the UNCITRAL Model Law on Cross-Border Insolvency demonstrates.
The openness is not limited to that country – the United Arab Emirates has also made strides that gives more tools for creditors considering a global enforcement campaign.
We explain what these developments mean for creditors.

Publications June 5, 2023

Adriana Riviere-Badell on Lawmakers’ Request for U.S. to Intervene in ICSID Treaty Claim in Global Arbitration Review

Over 30 U.S. lawmakers wrote to the Biden administration in May urging them to intervene on behalf of Honduras after allegations that ICSID has breached “law and procedure” in its administration of US $11 billion treaty claim have caused the government of Honduras to threaten withdrawal from ICSID’s jurisdiction. Kobre & Kim’s Adriana Riviere-Badell, who focuses on enforcement of international judgments and arbitral awards with a nexus to Latin America, gave her insight to Global Arbitration Review.

Publications June 2, 2023

Evelyn Sheehan and Lara Levinson Explore Navigating Legal Risks in Luxury Asset Transactions in Private Client Global Elite’s “The Month”

The luxury market is characterized by high stakes and confidentiality, but recent developments in the market have led to greater government scrutiny and enforcement actions, which increases risk for market participants. Kobre & Kim’s Evelyn Sheehan and Lara Levinson explore these risks in an article for Private Client Global Elite’s “The Month.”

Publications May 30, 2023

Adriana Riviere-Badell on Push to Eliminate ISDS Provisions from U.S. Trade Agreements in Law360

With over 30 U.S. lawmakers in May urging the Biden administration to intervene in an investor-state arbitration involving Honduras and calling for the elimination of investor-state dispute settlement (ISDS) provisions in existing trade agreements involving the hemisphere, should international investors be concerned? Kobre & Kim’s Adriana Riviere-Badell, who focuses on enforcement of international judgments and arbitral awards with a nexus to Latin America, sat down with Law360 to discuss.

Asia-Based Investors in U.S. Commercial Real Estate Can Mitigate Losses by Defending their Legal Rights

Chinese and other Asia-based investors have targeted the U.S. commercial real estate market recently, whether by direct investment or through CMBS or REITs.
However, the pandemic, credit tightening and regional bank failures have accelerated a market downturn, and many investors are vulnerable to losses.
Investors should consider proactive or counteroffensive strategies to enforce their legal rights, even against big industry players, to mitigate their losses and protect their bottom lines.

Pathways for Global Bondholders to Effectively Oppose Unjust UK Restructuring Plans

Global bond issuers looking to restructure their debt have often turned to English courts, relying on debtor-friendly rules such as the ability to cram down creditors.
Two recent English court decision, however, are improving prospects for global bondholders.
Creditors who are willing to take swift and forceful action against even the biggest players can see the greatest chances of success.

How Israeli, Middle Eastern and African Individuals Should Respond to Criminal Allegations from Foreign Governments

Israeli and other Middle Eastern and African nationals are increasingly at risk as U.S. and Western enforcement agencies aggressively pursue cross-border actions, in many cases based on incomplete facts.
With cooperation from countries like Israel, those targeted can risk their assets, reputation and liberty if they are not adequately prepared.
We explain what steps individuals can take to push back and get the facts straight.

Chinese Companies Should Not Shy Away From Potential Disputes Against Korean Chaebol Competitors

More Chinese companies are entering the Korean market, running head-on into family-owned conglomerates known as chaebols.
In a dispute, the overwhelming dominance of chaebols and the intricacies of the Korea legal market make it hard for Chinese companies to find a way out.
However, by combining creative legal and PR strategies, Chinese companies can put pressure on their competitors and protect their business interests.

Publications April 26, 2023

Andrew Stafford KC, Calvin Koo, Timothy de Swardt Examine Crypto Recovery in the UK, BVI, Hong Kong and U.S.

The proliferation of blockchain technology and cryptocurrency has seemed like the emergence of a new Wild West – but has the sheriff finally ridden into town? Kobre & Kim’s Andrew Stafford KC, Calvin Koo and Timothy de Swardt look at how the United Kingdom, the British Virgin Islands, Hong Kong and the U.S. – all sophisticated and important global financial centers with mature and highly competitive legal markets – have responded to the disruptive effects of blockchain and cryptocurrency in a chapter of Commercial Dispute Resolution’s “Fraud, Asset Tracing & Recovery 2023.”

Non-U.S. Companies Beware: U.S. Corporate Leniency Programs May Not Achieve Best Outcome

Recent comments by top U.S. Department of Justice (DOJ) officials seem to signal an emphasis on leniency programs for companies cooperating on corruption and bribery investigations.
However, non-U.S. companies should not let their guard down – the DOJ continues to stretch the bounds of its jurisdiction to aggressively prosecute companies beyond the U.S.
We unpack counteroffensive strategies at-risk companies should consider to stand up to DOJ overreach and drive successful outcomes.

Politically Exposed Persons Should Preemptively Manage Risks from A Regime Change

The tumultuous power transfer in Brazil has sparked investigations into the new administration’s political opponents.
This is an example of a larger global trend where regime change may result in politically motivated investigations, threatening a politically exposed person’s liberty, reputation and assets.
Our team walks through proactive steps those at risk can take to protect themselves.

Publications April 11, 2023

Evelyn Sheehan to Anti-Corruption Report: U.S. DOJ Compensation Claw Back Program Improperly Shifts Government Burden to Employers

The U.S. Department of Justice’s (DOJ) new pilot program incentivizing companies under investigation to claw back compensation from culpable employees and supervisors attempts to shift the burden of corporate wrongdoing from shareholders to those directly responsible. However, as Kobre & Kim’s Evelyn Sheehan – who focuses on asset forfeiture and other government enforcement actions – told Anti-Corruption Report, the program offloads the government’s burden onto companies and adds to the challenges they face.

Publications April 7, 2023

Calvin Koo on the Rise of Cross-Border Crypto Scams in DL News

Cryptocurrency scams are on the rise. As more victims are losing money, they are finding that – even though transactions are preserved on a public ledger – the cross-border nature of the asset and the underdeveloped global regulatory landscape make recovery often very difficult, and scammers will continue to take advantage. Kobre & Kim’s Calvin Koo, who focuses on global tracing and recovery of digital assets, spoke to DL News about these trends.

Publications April 3, 2023

Jalil Asif KC, Peter Tyers-Smith and Ilona Groark Pen ICLG Chapter on Enforcing Foreign Judgments in Cayman

The Cayman Islands is a key offshore jurisdiction for judgment creditors in cross-border enforcement campaigns. Kobre & Kim’s Cayman-based Jalil Asif KC, Peter Tyers-Smith and Ilona Groark detailed the main insights in the jurisdiction for creditors in a chapter of International Comparative Legal Guide’s “Enforcement of Foreign Judgments 2023.”

Global Creditors Can Successfully Fight Fraudulent Conveyance in Dubai

As a key economic center in the region, the United Arab Emirates (UAE) is increasingly the place where many international creditors go as they pursue their debtor’s assets.
However, some recalcitrant debtors may try to transfer their assets away to avoid payment in a fraudulent transfer.
Our team explores what strategies are available in the UAE to restore a creditor’s interests.