Insights | Kobre & Kim — Disputes and Investigations

Publications June 2, 2021

Global GC Edward Bibko on New Role, Leadership and the Legal Profession in Corporate Counsel Business Journal Q&A

Kobre & Kim’s global general counsel Edward Bibko sat down with Corporate Counsel Business Journal for a Q&A on his new role at the firm, his leadership style and his observations of the legal profession.

Publications June 1, 2021

Robin Baik & Daniel Lee Unpack Korea’s Anti-Money Laundering Regime in 2021

Writing in a chapter of the International Comparative Legal Guide’s “Anti-Money Laundering 2021,” Kobre & Kim’s Robin Baik and Daniel Lee, both based in Seoul, explore the landscape of anti-money laundering laws and regulations in Korea.

When Investments Lead to Investigations: Navigating Korea’s Disclosure Rules for Foreign Investors

South Korea is an attractive destination for investors in private equity and venture capital, but the country’s changing disclosure rules could risk a drawn-out government investigation.
Recent changes, designed to relax disclosure for most investors, adds complexity that could be used by the government against international investors to protect domestic companies.
International parties investing in a Korean company can and should anticipate this risk in a way that maintains both independence and confidentiality.

Dissolving a Delaware-Registered Joint Venture: A Key Pressure Tactic in Joint Venture Disputes

For parties embroiled in contentious joint-venture disputes, it is advantageous but challenging to find new ways to exert pressure on a counterparty.
If the counterparty is registered in Delaware, however, a pursuing a dissolution proceeding there can prove to be a decisive way to gain leverage.
As our Claim Monetization & Dilution team explains, this tactic saved a client in a recent case valuable time and money in reaching a favorable settlement.

How SPAC Sponsors Can Protect Themselves and their Investments in a Cooling Market

Special Purpose Acquisition Companies (“SPACs”) can provide sponsors—often high-net-worth individuals—with large returns.
However, SPACs are not without their risks—there are growing signals the market may be cooling, which could lead to litigation and government enforcement.
SPAC sponsors and advisors should prepare early in order to reduce their potential exposure.

Publications May 24, 2021

Could NFTs Trigger AML Regulation? Benjamin Sauter, Melisa Ortes Gonzalez and Lara Levinson Examine in Forkast News

Non-fungible tokens (NFTs) are the latest digital technology trend, but they may not be beyond regulatory oversight. Kobre & Kim’s Benjamin Sauter, Melisa Ortes Gonzalez and Lara Levinson unpack the potential traps in an article for Forkast News.

Publications May 19, 2021

Danielle Rose, Steven Perlstein and Zachary Rosenbaum on Contractual Disputes Triggered by the End of LIBOR

With the end of the London Interbank Offered Rate (LIBOR) looming, contractual counterparties should prepare for disputes regarding “fallback” interest rates.

Publications May 18, 2021

Benjamin Sauter in WIRED: Can a Tweet be Considered Market Manipulation?

Tesla founder Elon Musk’s tweets have the power to send bitcoin prices crashing and Dogecoin prices soaring. But with Tesla sitting on a pile of bitcoin, some are asking whether Musk’s tweets amount to illegal manipulation.

Publications April 26, 2021

Michael Kim and CSO Gary Singer Speak with American Lawyer on Kobre & Kim’s Approach to Strategy

In an interview with The American Lawyer, Kobre & Kim co-founder Michael Kim and Chief Strategy Officer Gary Singer discuss the impact that strategic leadership from talent outside of the legal services industry can have on a law firm’s growth trajectory.

Publications April 23, 2021

Benjamin Sirota Discusses U.S. Supreme Court Ruling Against the U.S. Federal Trade Commission

In a recent opinion, the U.S. Supreme Court unanimously ruled that the U.S. Federal Trade Commission (FTC) does not have the authority to directly seek monetary relief. Kobre & Kim’s Benjamin Sirota sat down with Global Competition Review to comment on one notable aspect of the court’s opinion.

Publications April 22, 2021

Former DOJ Prosecutor Michael Sherwin Discusses Move to Kobre & Kim with Law360

In a recent interview with Law360 marking his start at the firm, Kobre & Kim’s Michael Sherwin, a former top U.S. Department of Justice (DOJ) prosecutor, explained the reasons for his move to private practice from prosecution to defense, as well as the global trends this move allows him to capitalize on.

Publications April 21, 2021

Benjamin Sauter, Jonathan Cogan and Lydia Halpern on Standing Up to the CFTC’s Wash Trading Theories in Traders Magazine

The U.S. Commodity Futures Trading Commission (CFTC) has a reputation of overreach, asserting aggressive legal theories in hopes of bulldozing companies into submission. Their target now is on wash trading but, as Kobre & Kim’s Benjamin Sauter, Jonathan Cogan and Lydia Halpern write in Traders Magazine, their theories are just as dubious as before, and traders should not be afraid to push back.

Publications April 14, 2021

Evelyn Sheehan and Amanda Tuminelli Pen Article on the New U.S. Administration’s Anti-Corruption Efforts in Latin America

With the new U.S. administration expected to double down on anti-corruption enforcement efforts, and with recent legislation providing them new tools to do so, high-net-worth individuals (HNWIs) in Latin America are likely to be the focus of scrutiny. Kobre & Kim’s Evelyn Sheehan and Amanda Tuminelli examine the impending risks in an article for the Anti-Corruption Report.

Publications April 14, 2021

Bill McGovern on New SEC Chair Gary Gensler’s Potentially “Historic” Leadership

With the U.S. Senate confirming Gary Gensler as chair of the U.S. Securities and Exchange Commission (SEC), Kobre & Kim’s Bill McGovern, a former SEC branch chief, sat down with Compliance Week to explore how Gensler will lead the agency.

Publications April 8, 2021

Scott Hulsey and William McGovern Survey U.S. Corporate Fraud and Corruption Enforcement Trends in Q&A

In a Q&A for Financier Worldwide, Kobre & Kim’s Scott Hulsey and William McGovern examined the latest trends in U.S. corporate fraud and corruption enforcement.