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

Enforcing Minority Shareholder Rights in Asia: A Comparative Guide to Derivative Actions

Minority shareholders may be surprised to learn that they have effective options when a director or other fiduciary has harmed the company.
However, the situation may be complicated when structures cross borders, as many corporate structures in Asia do, including spreading offshore.
Our Claim Monetization team explores how shareholders can deploy derivative actions in five key jurisdictions across Asia Pacific, the UK and the Caribbean as part of an effective cross-border strategy.

Events August 30, 2022

Kobre & Kim Co-Hosts Panel in São Paulo: “Crypto in Brazil: Navigating the Legal Pitfalls”

Brazil, one of the largest crypto markets in the world, is contemplating how to best regulate the crypto industry in the years to come. Lessons learned in the U.S. include a real need to balance regulation and innovation, avoid backwards-looking regulation by enforcement and avoid piling on by multiple government agencies. Kobre & Kim and Bottini & Tamasauskas hosted a panel discussion to examine these topics on August 24, 2022 in São Paulo, Brazil.

Publications August 30, 2022

Kobre & Kim Discusses 1782 discovery in Brazilian Proceedings: Consultor Juridico

For litigants in Brazil, the broad scope of U.S. discovery may come as surprise. Even though the U.S. Supreme Court recently foreclosed Section 1782 discovery when the sole foreign proceeding involved is a private international arbitration, the parties in Brazilian proceedings can still leverage this instrument, as Gabriela Ruiz, Martin De Luca and Scott Nielson explain in an article for Brazilian legal publication Consultor Juridico.

Accolades August 16, 2022

Kobre & Kim Among Top India-Focused Foreign Law Firms: India Business Law Journal

In recognition of its “laser focus on cross-border disputes and investigations,” the India Business Law Journal has placed Kobre & Kim among the top India-focused foreign law firms for 2022 in their “Regional and Specialist” category.

Events August 9, 2022

Jason Kang Examines Offshore Creditor Rights in Restructuring of Chinese Companies During ALB China Debt Restructuring Forum

With economic winds shifting in China, more Chinese companies – from both publicly- and privately-held companies to state-owned enterprises – are at risk of default, and many will enter restructuring negotiations. What should both onshore and offshore creditors watch out for as they seek to protect their interests? Kobre & Kim’s Shanghai-based Jason Kang, who focuses on complex Greater China disputes, will dives into the topic during the ALB China Debt Restructuring Forum 2022 in Beijing, August 25, 2022.

PRC Continues to Open Up in Recognizing Foreign Claims

A Chinese court recently recognized a commercial judgment issued by the English High Court in a landmark judgment.
China has also made it easier for Hong Kong arbitrations to be recognized and enforced in China, as well as opening the door to interim measures.
Our Claim Monetization team analyzes what these developments mean to foreign judgment and award creditors looking for opportunities in a historically tricky jurisdiction.

Enforcing Minority Shareholder Rights in Asia: A Comparative Guide to Unfair Prejudice

Minority shareholders may have certain remedies available when they feel their rights have been unfairly prejudiced by the majority.
However, the situation may be complicated when structures cross borders – typical corporate structures in Asia may spread across offshore and other key regions.
Our Claim Monetization team lays out the basic parameters of the tools open to minority shareholders across five key jurisdictions.

Publications June 30, 2022

Gabriela Ruiz, Martin De Luca and Scott Nielson on Deploying U.S. Discovery in Brazil

For litigants and parties in Brazil, the broad scope of U.S. discovery may come as a surprise. Even though the U.S. Supreme Court recently foreclosed Section 1782 discovery when the sole foreign proceeding involved is a private international arbitration, there are still ways Brazilian litigants can leverage U.S. discovery opportunities, as Kobre & Kim’s Gabriela Ruiz, Martin De Luca and Scott Nielson explain in an article for Law360.

Events June 21, 2022

Michael M. Rosen on Intellectual Property Protections for COVID-19 Vaccines

Kobre & Kim’s Michael M. Rosen, who focuses on cross-border intellectual property disputes, moderates a live panel on the debate over intellectual property protections for COVID-19 vaccines from 2:30 pm to 3:30 EST, June 21, 2022, at the AEI Auditorium in Washington, DC.

Accolades June 15, 2022

Amanda Tuminelli and Benjamin Sauter on Citywealth’s List of Top 15 U.S. Legal Crypto Practitioners

Kobre & Kim’s Amanda Tuminelli and Benjamin Sauter have been recognized by Citywealth magazine on its 2022 list of “Top 15 U.S. Legal Crypto Practitioners,” a guide to some of the best cryptocurrency legal counsel in the United States.

Kobre & Kim Helps PRC Clients Enforce US $171M Award in BVI

Many parties, especially those based in Asia Pacific, soon discover that a recalcitrant debtor can frustrate enforcement of a hard-won arbitration award.
In cross-border enforcement campaigns, the debtor may throw up obscure legal challenges to cause delays and distraction.
A recent Kobre & Kim victory demonstrates how, through quick and strategic action, these distractions can be defeated and pressure can be maintained on the debtor.

Firm News June 7, 2022

Andrew Stafford KC Named to Law360 International Arbitration Editorial Advisory Board

Andrew Stafford KC has been named to Law360’s 2022 International Arbitration Editorial Board. The editorial advisory board provides feedback on Law360’s coverage and expert insight on how best to shape future coverage.

Events June 6, 2022

Jason Kang on Cross-Border Arbitral Award Enforcement in China

As Chinese companies increasingly integrate around the globe, and as they become involved in more cross-border arbitration disputes, the need is rising for sophisticated practitioners who can take any resulting arbitral awards and enforce them across borders. Kobre & Kim’s Jason Kang, who focuses on a wide range of China-related cross-border disputes and award enforcement campaigns, shares his perspective on enforcing international arbitration awards during a virtual talk from 2:00 pm to 6:00 pm Shanghai time, June 10, 2022.

Accolades May 31, 2022

Richard Clarke Recognized as “Rising Star” in The Legal 500’s United Arab Emirates Rankings

Dubai-based English barrister Richard Clarke has been recognized as a “Rising Star” by The Legal 500’s latest rankings of the top firms and practitioners in the United Arab Emirates for Dispute Resolution: Arbitration and International Litigation.

Events May 31, 2022

Kobre & Kim Team Unpacks Cross-Border Cryptocurrency Insolvencies in GRR Webinar

The rise in cross-border insolvencies of cryptocurrency exchanges and trading platforms creates new challenges for stakeholders, from bankruptcy trustees, liquidators and creditors to victims of fraud looking to recover their stolen digital assets. Differing insolvency regimes make global asset recovery difficult, and bankruptcy estates increasingly have to compete with aggressive government regulators to collect stolen assets.