Claim Monetization & Dilution

Hong Kong is a global financial center with a common law legal system, useful judicial tools for asset tracing and recovery, as well as sophisticated law enforcement, making it a key jurisdiction for those recovering their digital assets from fraud or other property disputes. Kobre & Kim’s Hong Kong-based Calvin Koo, who focuses on tracing and recovering digital assets, laid out a roadmap for recovery in an article for the Hong Kong Lawyer.

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Dubai is solidifying its role as a hub for resolving contentious insolvency and distressed debt disputes in the Middle East and around the world. Kobre & Kim’s Paul Hughes and John Han will examine the recent trends and developments in this area during a seminar hosted by the Restructuring Insolvency and Legal Practitioners Association (RILPA) in Dubai at 8:30 am local time, November 15, 2022.

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Illicit trade is a low-risk, high-reward venture for criminals at the expense of companies whose goods are being trafficked. Fighting the traffickers to protect the company’s business has always been a drain on resources – but as Kobre & Kim’s Jason Masimore, John Han and Michael Ng explained during a webinar hosted by the Hong Kong Association of Corporate Counsel on November 2, in-house counsel can deploy new strategies that increase effectiveness and generate possible returns.

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Kobre & Kim’s launch and expansion of its São Paulo office during the height of the pandemic in 2020 has paid dividends, according to Kobre & Kim’s Gabriela Ruiz and Leonardo Palhares when they sat down with Law.com International, highlighting the firm’s thriving regional business, ability to represent large Brazilian companies and individuals globally when litigation arises and on-the-ground Lusophone team.

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As conduits of the flow of global capital, financial centers such as Hong Kong see their share of illicit funds flow through their shores. This includes cryptocurrency, which bad actors increasingly turn to in their fraudulent schemes. Kobre & Kim’s Calvin Koo, who focuses on tracing and recovering digital currencies for corporate and individual victims of fraud, sat down with DigFin to examine the changing landscape and discuss how a new association of crypto lawyers he co-founded in Hong Kong can help the industry adapt.

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Having a claim is a first step, and winning a favorable award is only the second – critically for the client, the award must still be turned into hard cash. Kobre & Kim’s Andrew Stafford KC and Kiran Unni, who both focus on specialized cross-border monetization of large awards and judgments against sovereigns and commercial debtors explained during a panel at the Istanbul Arbitration Week on October 11, 2022, how to deploy those specialized skills to smooth the pathway to monetization.

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From starting a career in cross-border claim monetization and dilution to the importance of creative thinking to drive settlement catalysts and outcomes, Kobre & Kim’s John Han shared his insights as a practitioner during Mandarin Arbitration Salon’s latest “国际仲裁者对话” (“Chinese Arbitration Conversations”) session on October 5, 2022.

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With liquidity risks rising in the Chinese property sector in particular, investors are looking for solutions – as well as opportunities. Kobre & Kim’s John Han and Jason Kang, who both focus on Greater China and Asia-related distressed debt monetization, share their insights during two respective panels at the Debtwire Forum Asia Pacific in Hong Kong on October 13, 2022.

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As China’s real estate industry continues to show signs of distress, offshore investors are likely to see rising risks as well as rising opportunities. Kobre & Kim’s Shanghai-based Jason Kang, who focuses on complex China-related multijurisdictional disputes, explains during the Asian American Bar Association of New York (AABANY) Fall Conference 2022 on a panel at 9:00 am New York time, October 8, 2022.

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For litigation funders and investors in legal assets, one of the most fruitful areas of opportunity is the enforcement of judgments, arbitral awards and other claims within a cross-border dispute. Kobre & Kim’s Adriana Riviere-Badell will discuss how litigants and funders can work together to maximize recoveries during the Fifth Annual LF Dealmakers Forum on a panel at 9:30 am New York time, September 29, 2022.

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Cryptocurrency fraud and asset recovery is an increasingly active litigation space – crypto class action lawsuits are up, a number of major crypto platforms have filed for bankruptcy and government regulators and enforcers are investing more resources in this area. As such, Kobre & Kim is proud to co-found the North America chapter of the Crypto Fraud and Asset Recovery Network (CFAAR), an emerging network of industry-leading professionals that aims to develop best practices for dealing with cryptocurrency dispute resolution.

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Congratulations to Evelyn Sheehan and Amanda Tuminelli, who were recognized in the latest Top 20 Citywealth USA Crypto Powerwomen 2022 publication. The publication celebrates some of the best crypto experts in the United States including lawyers and litigators within a crypto native.

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Latin America’s recent economic boom has led many to proclaim it “inevitable” that Brazil becomes a center of international disputes. Kobre & Kim’s São Paulo-based lawyers Gabriela Ruiz, Scott Nielson and Carolina Leung explain in a chapter for Lexology’s “Enforcement of Foreign Judgments 2022” the ins-and-outs of gaining recognition and enforcement of foreign judgments in Brazil.

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