Claim Monetization & Dilution | Kobre & Kim — Disputes and Investigations

Client Alert March 10, 2023

How International Creditors Can Crack Delaware's Notoriously Tough Trusts

Debtor-friendly Delaware has strong asset protection laws that make it a destination of choice for global entities and individuals looking to hold their assets in a trust.
This creates a headache for international creditors – recovering assets in a Delaware trust can seem like an insurmountable challenge.
By adopting a creative, aggressive and multijurisdictional strategy, however, creditors can crack even Delaware’s notoriously tough trusts.

Events February 28, 2023

Paul Hughes to Chair Panel on Best Practices in Obtaining Information for Lawyers During RILPA Conference in Dubai

A good amount of high-quality information is the foundation of any legal strategy in global arbitral award enforcement or restructuring campaigns. Kobre & Kim’s Paul Hughes, who focuses on complex cross-border disputes with a nexus to the United Arab Emirates and wider Middle East, will chair a panel on the best practices to accessing critical sources of information during the Restructuring Insolvency and Legal Practitioners Association (RILPA) Conference in Dubai on March 9, 2023.

Client Alert February 28, 2023

Don’t Overlook China in Difficult Chapter 11 Asset Recovery Efforts

In Chapter 11 bankruptcy cases where the chances of recovery seem slim, global unsecured creditors may have to get creative and look outside the U.S. to improve their prospects.
Assets in the People’s Republic of China (PRC) – the world’s second largest economy – offers a surprising source of asset recovery opportunities.
We explain how creditors can unlock value in China and maximize their recovery.

Events February 23, 2023

John Han Examines Global Asset Recovery at 7th IBA Asia Pacific Regional Forum Biennial Conference

Asset recovery is a crucial service to provide for creditors and claimants, including across the Asia Pacific region – but it is becoming an increasingly complicated endeavor. Kobre & Kim’s John Han, who focuses on the monetization and demonetization of debt instruments, claims, judgments and arbitral awards, unpacked the latest developments in global asset recovery at the 7th IBA Asia Pacific Regional Forum Biennial Conference in Singapore in a session at 1:45 pm local time, Thursday February 23, 2023.

Accolades February 16, 2023

Chambers Global 2023 Recognizes Kobre & Kim and Multiple Global Lawyers

In recognition of our strong cross-border capabilities and deep bench of talent, Chambers & Partners listed Kobre & Kim and several lawyers around the world in their latest Global Guide rankings.

Publications February 8, 2023

Nick Cherryman Quoted in Financial Times and Law360 on UK Win in Award Enforcement Case Against Spain

Coming amid uncertainty for renewable investors and a global legal debate in the wake of the Court of Justice of the European Union’s (CJEU) Achmea and Komstroy decisions, the UK High Court rejected the European Commission’s attempt to intervene in two renewable energy investors’ US $101 million arbitral award enforcement case against Spain in a win for the investors. The Financial Times and Law360 quoted Kobre & Kim’s Nick Cherryman, who represents the lead award in this dispute, on the development.

Client Alert January 25, 2023

Achieving High Returns from Sovereign & States Disputes

A coming global economic downturn will put sovereign debt under pressure.
It may appear near impossible for creditors and investors to enforce this debt against sovereigns, but those who succeed can see extraordinary returns.
We explain how deploying creative cross-border strategies can overcome the toughest sovereign debtors and unlock the key to success.

Client Alert January 18, 2023

Opportunities for Foreign Activist Investors to Take Advantage of Korea’s Shifting Corporate Landscape

The Korean corporate landscape is becoming more favorable for activist campaigns.
Foreign activist investors have new opportunities to push for change and maximize value, even against the biggest chaebols.
Our team explains what these developments mean and how investors can take advantage.

Events January 17, 2023

Andrew Stafford KC Explores Challenges of Enforcing Arbitral Awards Against State-Owned Entities

With more companies in the energy and other industries bringing arbitrations against state-owned entities, what are the unique challenges that come when it is time to enforce the resulting awards? Kobre & Kim’s Andrew Stafford KC, who focuses on complex international enforcement against sovereign judgment and award debtors, offers his insights during the 11th ITA-IEL-ICC Joint Conference on International Energy Arbitration in Houston on a panel at 10:00 am local time, January 20.

Client Alert January 9, 2023

Leveraging the U.S. Legal System in Brazil to Increase the Chances of Recovery from Fraud

Victims of large-scale and sophisticated fraud in Brazil may struggle to recover their assets by only using tools available in the domestic legal system.
However, a growing interest in fighting cross-border crime by U.S. authorities, together with the power of tools in the U.S., provide victims with a potentially better path to success.
Our cross-border team explains what strategies victims can deploy to achieve results.

Accolades December 22, 2022

Kobre & Kim, Peter Tyers-Smith Earns Recognitions in The Legal 500’s “Cayman Islands: Dispute Resolution”

The Legal 500 has recognized Kobre & Kim in its latest “Cayman Islands: Dispute Resolution” rankings, as well as listing Peter Tyers-Smith among its “Leading Individuals” in the category,

Defensive and Counter-Offensive Strategies for High-Yield Debt Issuers and Private Borrowers

Tightening global credit conditions will put more corporate high-yield debt issuers and private borrowers from emerging markets at risk of default.
This can spiral into complex cross-border disputes with creditors, threatening the company’s survival.
Fortunately, there are creative and aggressive strategies available for debtors to limit their exposure and protect their bottom lines.

Enforcing a Foreign Judgment in the UAE: New Opportunities

The United Arab Emirates (UAE) is becoming increasingly friendly to global judgment creditors looking to enforce their judgments.
Recent developments signal increased receptivity to fast-tracking recognition and enforcement through reciprocity.
We survey the landscape and look at how the country can form a crucial part of a worldwide enforcement campaign.

Enforcing Minority Shareholder Rights in Asia: A Comparative Guide to Just and Equitable Winding Up

Minority shareholders have options to stand up to majority shareholders and directors, such as unfair prejudice claims or derivative actions.
However, if these do not achieve the desired result, one more tool is available to exert pressure: a just and equitable winding up.
We lay out how this tool can be applied in five key jurisdictions for corporate structures in Asia.

Events November 28, 2022

Jef Klazen Explores Special Problems in Cross-Border Judgment Enforcement During Asset Recovery Americas Conference

Engaging in high-stakes litigation, investigation and enforcement of judgments and awards in the U.S. and Latin America is never easy, but there are challenging situations where even the most seasoned practitioners must think outside the box to deliver for their clients. Kobre & Kim’s Jef Klazen, who focuses on international asset recovery and judgment enforcement, shares some insights at the Asset Recovery Americas conference in New York on a panel at 12:30 pm local time, December 2, 2022.