Insights | Kobre & Kim — Disputes and Investigations

5 Questions Raised By the DOJ's Partnership With Global Antitrust Enforcers

A new Multilateral Framework on Procedures in Competition Law Investigation and Enforcement (MFP) is being finalized.
Although the new MFP will not be binding on all enforcement regimes, the MFP’s compliance mechanisms should incentivize agencies to comply with the common commitments.
This announcement raises five key questions about the future of global antitrust enforcement.

4 Pitfalls to Avoid When Conducting Cross-Border Investigations of Shareholder Demands

Corporate directors and their counsel should understand the nuances of cross-border independent investigations, which can create pitfalls for even the most experienced corporate advisers.
Although the stated risks are common to many types of cross-border investigations, they can be unexpected for corporate advisers whose primary experience is U.S.-based.
Strategically navigating the pitfalls stated within is vital because the business judgment rule does not protect a board or a company from violations of the foreign laws discussed.

Publications July 12, 2018

Precedent-Setting Digital Currency Recovery Team Explores Options for Fraud Victims

David McGill and Benjamin Sauter, the first lawyers to freeze misappropriated digital currency on a fraud victim’s behalf, along with Washington DC-based lawyer Jake Chervinsky, survey the current digital asset recovery landscape in a recent Bloomberg Law article.

5 Ways to Plan Ahead as the U.S. Moves to Curb Foreign Investment

In recent history, investments originating from China have accounted for nearly a quarter of CFIUS reviews, with investments from the UK, Japan, Hong Kong, Israel and South Korea also among the most reviewed.
The U.S. has indicated it intends to more aggressively review and regulate foreign investment in industries that may implicate national security via the Committee on Foreign Investment in the United States (CFIUS), an interagency committee headed by the U.S. Department of Treasury.
While CFIUS is largely a voluntary regime, it is important for foreign investors to consider the potential implications of an investment in, or the purchase of, a U.S. company.

Fraud Victims Pursuing Assets Offshore

Recent judgments have provided victims with a new route to claim damages from third parties, and thereby widen the pool from which to make a recovery.
Claimants in numerous common law jurisdictions now can bring two new types of claims against associates of fraudsters who have assisted in the dissipation of assets after a freezing order or judgment has been obtained.
Creditors seeking to make recoveries against fraudsters based in offshore jurisdictions should consider these two new, but related, claims against third parties when developing their asset recovery strategy.

Looking to Enforce a Judgment in the U.S.?

U.S. courts traditionally have been a generous forum for foreign judgment creditors.
A recent ruling from a New York state court has further broken down barriers for recognition of a foreign judgment in the U.S., even when the debtor is subject to a foreign insolvency proceeding.
The New York decision is part of a trend of U.S. courts rejecting "fairness" and "corruption" challenges to Russian courts' judgments. Similar challenges can be overcome with the aid of proper counsel.

5 Ways Cryptocurrency Traders in EMEA Can Plan Ahead for U.S. Government Scrutiny

The U.S. Department of Justice (DOJ) and Commodity Futures Trading Commission (CFTC) are aggressively directing their enforcement resources to combat against digital currency traders in the UK and greater EMEA.
Counsel located in the UK and greater EMEA region needs to be aware of the risks involved with this new-found aggression and how to prepare for any U.S.-driven regulatory inquiries or subpoenas.
Firms representing European entities and individuals involved in cryptocurrency should be more comprehensive in their preparation.

Publications April 12, 2018

Transatlantic Disputes Lawyer Robin Rathmell on Meeting the Unique Needs of UHNW Private Clients

Transatlantic disputes lawyer Robin Rathmell discusses asset forfeiture defense, representing private clients and the unique litigation issues he faces in his practice with Citywealth magazine.

Publications March 30, 2018

Creating a Roadmap to Recovery After Digital Currency Fraud: David McGill and Benjamin Sauter Explain

David McGill and Benjamin Sauter, both litigators with an acute focus on digital currency fraud and regulation, explain the strategies they employed to freeze misappropriated assets in a high-value cryptocurrency fraud.

Publications March 30, 2018

Cross-Border Team Offers Insight on Latest Privilege Rules for UK Investigations

Former U.S. Department of Justice prosecutors Roger A. Burlingame and Steven Kobre team up with Rachel Goldstein to offer best practices for lawyers conducting UK internal investigations.

Publications March 29, 2018

Global Judgment Enforcement Team Offers Strategies for Freezing Debtor Assets Across the EU

The European Account Preservation Order simplifies cross-border asset preservation across 26 member states, introducing a standardized application process that can save judgment creditors time, effort and costs.

Publications March 1, 2018

Global Government Enforcement Defense Team Offers Strategies on Filing Whistleblower Claims for Those Outside the U.S.

Our cross-border government enforcement defense team offers strategies on filing whistleblower claims for those outside the U.S.

Publications February 22, 2018

Cross-Border Government Enforcement Defense Team Tackles Bribery Risks in Latin America and Asia

Former U.S. Department of Justice prosecutors Hartley West and John Couriel, along with Hong Kong-based Nan Wang, team up to offer insight on how multinational companies with operations in Asia and Latin America can take strategic steps to minimize bribery risks.

Publications February 13, 2018

Market Manipulation Defense Lawyers David McGill and Benjamin Sauter Offer Insight on How To Combat Government Allegations

Government enforcement defense lawyers David McGill and Benjamin Sauter offer insight on how to formulate a data-driven spoofing defense strategy in Bloomberg Law.

Publications February 1, 2018

Trusts and Estates Team Explores Guardianship Issues Under U.S. Law in Wealth Briefing Article

A trusts and estates team including Steven Perlstein, Adriana Riviere-Badell, Josh Sheptow, Robin Rathmell and James Corbett QC examine the issues guardianship raises as they apply to U.S. law in Wealth Briefing.