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Claim Monetization & Dilution

Kobre & Kim represents broad classes of investors, creditors, and their fiduciaries in situations where there is a risk that a debtor will not pay in full, as well as debtors targeted by creditors in similar distressed situations. We deploy aggressive, creative strategies that go beyond legal maneuvers, combining traditional legal skill sets with non-legal disciplines to deliver on a client’s commercial goals.

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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.

Accolades June 1, 2023

Kobre & Kim Earns Top Recognitions in Chambers USA New York Rankings

Kobre & Kim and several lawyers have been recognized in the latest Chambers USA rankings for New York, placing among the top firms and lawyers in several categories for commercial, white-collar and financial litigation.

Accolades June 1, 2023

Kobre & Kim and Lawyers in Band 1 of Chambers USA Nationwide Rankings

The latest Chambers USA rankings have placed Kobre & Kim, as well as Michael Kim, Jonathan Cogan and Matthew Menchel, in Band 1 in several nationwide categories.

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.

Firm News May 24, 2023

Kobre & Kim Successfully Defeats Spain’s Sovereign Immunity Challenge in UK High Court in Landmark International Enforcement Case

In one of the most significant judgments on state immunity and international arbitration in decades, the Commercial Court (High Court) in London has dismissed Spain’s challenge to the recognition of an ICSID arbitration award (the Antin Award) based on grounds of sovereign immunity and European Union case law.

Client Alert May 18, 2023

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.

Events May 17, 2023

Jian Wu Explores Legal and Economic Landscape Between U.S. and China in AABANY Roundtable

The legal and economic landscape between the United States and China is becoming increasingly complicated, and businesses must be attuned to new challenges and opportunities to stay ahead. Kobre & Kim’s Regional Managing Director of Asia Pacific Jian Wu explores the latest developments during a roundtable hosted by the Asian American Bar Association of New York (AABANY) Asia Practice Committee and Alternative Dispute Resolution Committee in New York at 6:00 pm on May 19, 2023.

Events May 15, 2023

John Han and Jason Kang Explore Hong Kong-Based Cross-Border Enforcement Strategy in HKIAC Session

For creditors in the People’s Republic of China, Hong Kong can and often should be the primary springboard to launch a cross-border enforcement campaign to trace and recover funds. Kobre & Kim’s John Han and Jason Kang, who both focus on the monetization of claims involving the region, examine what a Hong Kong-based global enforcement strategy may look like during a session hosted by the Hong Kong International Arbitration Centre (HKIAC) in Beijing on May 26, 2023.

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.”

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.

Firm News March 31, 2023

Kobre & Kim Scores Win for MLB in Judgment-Enforcement Proceeding

In a win for Kobre & Kim client Major League Baseball Properties, Inc., a federal court has ordered a Dominican broadcasting company and its New York affiliate to turn over various kinds of property to MLB, including bank account funds in New York and the Dominican Republic, certain contractual payment rights, and a helicopter.

Events March 30, 2023

Jef Klazen Explores Arbitral Award Enforcement Against Sovereigns During 2023 Paris Arbitration Week

More global investors are engaging in investor-state arbitration to resolve disputes, but the trouble often begins once they win an award. Many sovereigns deploy their unique powers to do everything they can to avoid payment, so investors need to think creatively if they want to successfully enforce their arbitral award. Kobre & Kim’s Jef Klazen, who focuses on international asset recovery and the enforcement of judgments and awards, discusses during the Paris Arbitration Week on a session at 10:00 am local time, March 31, 2023.

Client Alert March 29, 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.

Client Alert March 22, 2023

Bringing a Global Perspective to Challenge Offshore Awards Successfully

Judgment and award debtors often hold assets in offshore jurisdictions such as the BVI – but these places are notoriously creditor- and enforcement-friendly.
When cornered by a creditor, debtors often find few – if any – legal avenues to challenge the claim against them.
However, a recent Kobre & Kim victory in the BVI demonstrates that, through deep familiarity of and ability to connect both offshore and foreign law, debtors can defy conventional wisdom and succeed.

Firm News March 20, 2023

Kobre & Kim Notches Victory with Rare Set Aside of BVI Enforcement Order

Kobre & Kim wins rarely granted ruling setting aside of certain aspects of an enforcement order by the British Virgin Islands Commercial Court.

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