Insights

It may be surprising to learn that there can be a broad overlap between U.S. bankruptcy law and litigation involving high-net-worth individuals (HNWIs), but as Kobre & Kim’s Farrington Yates explained in the tenth episode of Kobre & Kim’s series with Family Wealth Report on global challenges facing HNWIs, the available tools can be powerful.

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Though often perceived as opposing forces, antitrust and intellectual property (IP) law are now converging in courtrooms around the world. How can in-house and general counsel navigate cases where one must balance free competition with limited monopolies? Kobre & Kim lawyers Benjamin Sirota, Daniel Zaheer and Michael Ng, discussed the intersection of IP and antitrust with Richard Levick in the first episode of the In House Warrior podcast’s three part “Antitrust” series.

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The U.S. Treasury Department is set to extend anti-money laundering (AML) regulations to the antiquities market. Kobre & Kim’s Polly Wilkins, who focuses on representing ultra-high-net-worth individuals in international disputes, analyzed what may happen when she sat down with The Wall Street Journal.

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As companies try to predict U.S. sanctions trends in 2021 by looking at enforcement activity last year, they may be tempted to see a downward trend. However, Kobre & Kim’s Evelyn Sheehan cautions against this conclusion when she sat down with Global Trade Review.

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The recent National Defense Authorization Act significantly expands the scope of foreign bank records U.S. authorities can subpoena, allowing them to track money outside the U.S., Kobre & Kim’s Nicholas Surmacz told Global Investigations Review. 

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For high-net-worth individuals (HNWIs), evaluating asset structures from a transactional perspective is not enough. As Kobre & Kim’s Carrie Tendler explained in the ninth episode of Kobre & Kim’s ten-part Wealth Talk series with Family Wealth Report on global challenges facing HNWIs, looking at litigation risks should be a key part of the assessment as well.

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The expected adoption of the Uyghur Forced Labor Prevention Act by the U.S. adds yet another tool in its increasingly confrontational posture against China, adding pressure to both Chinese and U.S. companies, Kobre & Kim’s Wade Weems and William Weightman wrote in the Anti-Corruption Report.

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As a new Attorney General is set to take the helm under the Biden administration, newly enacted laws provide the U.S. Department of Justice with new tools to fight foreign corruption. Kobre & Kim’s Nicholas Surmacz sat down with Law360 to analyze one of those tools.

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A French bank’s settlement with the U.S. Office of Foreign Assets Control (OFAC) over sanctions breaches is “a good example of ‘bread and butter’ sanctions enforcement by OFAC,” Kobre & Kim’s Evelyn Sheehan told Global Trade Review in her analysis of the case.

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After revelations that QAnon and 8chan conspiracy websites were hosted by a Hamas-linked firm that relies on a data center in the U.S., Kobre & Kim’s Sean Buckley spoke with investigative reporter Brian Krebs’ blog, KrebsOnSecurity, to analyze the potential legal ramifications for U.S.-based companies tied to designated terrorist organizations.

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With the U.S. Commodity Futures Trading Commission (CFTC) expected to come under Democratic leadership in 2021, Kobre & Kim’s David McGill told Law360 what he expects the regulator’s policy agenda to look like in the new year.

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Tech will remain one of the critical battlegrounds between the U.S. and China in 2021, even as a new administration is set to take office in the U.S. Kobre & Kim’s Shanghai-based Wade Weems spoke with the South China Morning Post on one of clashes that will continue into this year.

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In the eighth episode of Kobre & Kim’s ten-part Wealth Talk series with Family Wealth Report on global challenges facing high-net-worth individuals (HNWIs) and their advisers, Kobre & Kim’s Jonathan Cogan, who focuses on financial, joint venture and partnership disputes, examined the power of utilizing U.S. courts in foreign business disputes.

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As the recent case of Jia Yueting demonstrates, the commonly shared idea among Chinese companies that Chinese court judgments and arbitral awards cannot be enforced outside China, particularly in offshore jurisdictions, is a misconception. Kobre & Kim’s Tim Haynes, John Han and Jason Kang explain in an article for the Chinese investigative media Caixin.

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A recent decision by a Hong Kong court demonstrates the importance of the initial decision by both arbitral award creditors and debtors of where and when to enforce or challenge an award, Kobre & Kim’s Hong Kong-based lawyers John Han, Su Mien Tee and Francesca Ip, along with patent attorney Dr. Marc Labgold, wrote in an article for Global Arbitration Review. 

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