Insights | Kobre & Kim — Disputes and Investigations

Making Patents Pay: Monetizing Dormant Assets in an Economic Downturn

Amidst an economic downturn, the active assertion of patent rights can generate massive returns for patent holders, as demonstrated by numerous recoveries in the U.S. in 2019.
The passing of the America Invents Act (AIA) in 2011 and subsequent judicial decisions have led to a downturn in patent value, but the recent precedential decision in the U.S. Patent Trial and Appeal Board (PTAB) has turned more positive, placing patent holders in a favorable position for the first time in recent memory.
With legal conditions for patent enforcement improving in the U.S., now is an important time for businesses, their investors and their advisors to identify and deploy assertable IP holdings.

Publications April 14, 2020

Ninth Circuit Reverses Dismissal of Privacy-Related Claims Against Facebook, Adopting Arguments in Amicus Brief by Kobre & Kim

Kobre & Kim’s Steven Perlstein was recently quoted by the Daily Journal, commenting on the decision by the Ninth Circuit Court of Appeals to reinstate a class claim against Facebook over the social network’s profiting off users’ personal data – an opinion with potentially far-reaching consequences in today’s data-driven economy.

Publications April 3, 2020

Calvin Koo on Hong Kong Courts’ Use of Long-Standing Legal Tools to Cutting-Edge Technologies

Kobre & Kim’s Calvin Koo has published an article in Hong Kong Lawyer, where he details Hong Kong courts’ recent application of long-standing legal concepts to new technologies like cryptocurrency and smartphones.

Publications April 2, 2020

Matthew Boucher and Nathan Park on “The Future of Chaebols”

Kobre & Kim’s Matthew Boucher and Nathan Park sat down with Global Competition Review to discuss recent enforcement trends from South Korea’s Fair Trade Commission (KFTC), the country’s competition watchdog.

Publications March 30, 2020

Martin De Luca Talks Force Majeure and New York Law with Law360

Kobre & Kim’s Martin De Luca sat down with Law360 to discuss the coming coronavirus-related litigation centered on force majeure clauses, which can excuse businesses from their contractual obligations due to “acts of God” or events outside their control.

Publications March 26, 2020

Jef Klazen on the Challenges and Opportunities of Global Asset Recovery in 2020

Kobre & Kim’s Jef Klazen recently sat down with Corporate Disputes and shared his insights with a roundtable on the international challenges of asset tracing and recovery.

Publications March 24, 2020

Robin Rathmell Speaks with Forbes on Digital Threats to High-Net-Worth Individuals

Kobre & Kim’s Robin Rathmell sat down with Forbes to discuss the increasing threats faced by high-net-worth individuals (HNWIs), including a rise in cyber threats during the coronavirus (COVID-19) pandemic.

Coronavirus: Buying Time in Uncertainty

For companies facing the economic fallout of COVID-19, time has become the most precious commodity to preserving their assets and riding out the storm.
The ‘force majeure’ clause often found in contracts under New York and English law, if invoked correctly, could increase the likelihood of success in potential litigation with lenders.
Our lawyers around the world take a close look at the force majeure clause and how courts in different jurisdictions (including Brazil and Argentina) have chosen to interpret its applicability in a pandemic situation.

Publications March 13, 2020

Andrew Stafford KC and James Chapman-Booth on Using Insolvency to Recover Assets

Kobre & Kim lawyers Andrew Stafford KC and James Chapman-Booth detailed the use of insolvency as a tool in aid of judgment enforcement in an article they wrote for Commercial Dispute Resolution.

Publications March 3, 2020

David McGill Discusses DOJ’s MLAT Controversy with the National Review

Kobre & Kim’s David McGill sat down with the National Review to discuss a motion filed against the Department of Justice requesting information related to their alleged abuse of mutual legal-assistance treaty (MLAT) requests aiming to extend the statute of limitations, when prosecutors had obtained the information from other means.

Publications February 27, 2020

Kobre & Kim Files Countersuit Against Adare in Waldorf Astoria Financing Case

A team of Kobre & Kim lawyers have filed a countersuit against Adare Finance DAC in the High Court of Justice in London on February 17 on behalf of Michel Ohayon and his company Yellowstone Capital Management SA.

Publications February 26, 2020

Wall Street Journal: Kobre & Kim Files Motion Challenging DOJ Use of Foreign-Evidence Requests

The Wall Street Journal has reported on a motion filed by Kobre & Kim lawyers to force the Department of Justice to turn over information about their mutual legal-assistance treaty requests, or MLATs, after it was revealed by a former prosecutor that the DOJ may have been abusing these requests to buy themselves more time.

Publications February 24, 2020

Beau Barnes Discusses U.S. Lifting Sanctions on Chinese Shipping Tanker

Kobre & Kim’s Beau Barnes sat down with Global Trade Magazine to discuss a recent decision by the U.S. Treasury Department and Office of Foreign Assets Control (OFAC) to lift sanctions on shipping tanker COSCO Dalian on January 31.

Publications February 7, 2020

Michael Ng Quoted in Bloomberg Article Addressing Changes in Patent Enforcement Litigation Strategies

Kobre & Kim’s Michael Ng was quoted by Bloomberg Law in an article addressing changes in patent enforcement litigation strategies, in particular new views on inter partes reviews (“IPRs”) at the U.S Patent and Trademark Office.

Publications January 28, 2020

Benjamin Sirota Discusses the Farelogix-Sabre Merger with Bloomberg Law

Kobre & Kim’s Benjamin Sirota sat down with Bloomberg Law to discuss the upcoming trial on the merger between airline booking companies Farelogix and Sabre, offering his analysis of the Department of Justice’s (DOJ) case.