Claim Monetization & Dilution

The implementation of a poison pill by Twitter’s board of directors in response to Elon Musk’s acquisition may have increased the final offer accepted by the board by up to US $1 billion, demonstrating the effectiveness of this measure at empowering the board. As Kobre & Kim’s Greater China-based lawyers Jason Kang and Chang Liu – together with analyst Kairu Huang – wrote in Caijing, Chinese companies can gain much from poison pills in corporate disputes.

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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.

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The rise in popularity of digital assets like cryptocurrency is inevitably paired with a concurrent rise in fraud and theft. How should victims and other stakeholders approach tracking down and recovering stolen assets when they take a virtual form? Kobre & Kim’s Amanda Tuminelli, who represents clients in the digital currency industry in cross-border asset recovery campaigns, shares her insights during a Chainalysis Link NYC 2022 session at 4:15 pm New York time, May 18, 2022.

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As digital asset and cryptocurrency fraud proliferate, recovering stolen funds means applying traditional asset recovery techniques in newer and more innovative ways. In Chambers’ latest International Fraud and Asset Tracing Global Practice Guide, Kobre & Kim’s Evelyn Sheehan, David McGill, Benjamin Sauter and Amanda Tuminelli walk through how, with the help of enhanced blockchain forensics, civil litigation and government seizures, victims of fraud can successfully make themselves whole again.

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Since the Russian invasion of Ukraine and imposition of sanctions, many foreign companies and investors have sought to divest from and leave Russia. However, Russia has proposed a bill to nationalize the operations of companies that leave, raising the possibility of investor-state disputes and ISDS claims. Kobre & Kim’s Jef Klazen, who focuses on international judgment enforcement and asset recovery against sovereign entities, examined the unique issues presented by this situation during a panel hosted by Columbia Law School on April 12, 2022.

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Though China Evergrande Group, the indebted Chinese property giant, has reached an agreement in principle with certain offshore creditors to pay legal fees in connection with restructuring negotiations, bondholders have options if restructuring negotiations eventually reach a stalemate. Kobre & Kim’s John Han, who has deep experience monetizing claims related to Greater China for distressed debt investors, told The Wall Street Journal how an enforcement scenario might unfold.

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The landscape of blockchain technology and cryptocurrency has long seemed like a Wild West. But as Kobre & Kim’s Andrew Stafford KC, Timothy de Swardt, Melisa Ortes González and Calvin Koo detail in Commercial Dispute Resolution, in jurisdictions like the United Kingdom, the British Virgin Islands, Hong Kong and the United States, the sheriff is very much in town.

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Instances of cyber fraud and ransomware attacks have grown more frequent and sophisticated, with global companies lying in the crosshairs. Kobre & Kim’s Andrew Stafford KC, who focuses on international asset tracing and recovery, joins the C5 Fraud, Asset Tracing & Recovery Geneva conference to share next steps victims should take during a seminar at 10:30 am Geneva time, March 25, 2022.

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Kobre & Kim has won an important jurisdictional ruling from a federal appeals court for the engineering firm Process & Industrial Developments (P&ID) in its petition to confirm an arbitral award, now valued at US $10 billion, against the Federal Republic of Nigeria and its Ministry of Petroleum Resources.

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The world of global sports is rife with disputes and investigations, from issues related to integrity, conflict of interest and antitrust surrounding the increasingly lucrative ownership of sports teams by ultra-high-net-worth individuals, investors and companies; to ethics, governance and justice in sports law; to the impact of COVID-19 on the balance sheets of sporting properties. 

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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.

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Kobre & Kim’s Jeremy Bressman, who represents corporate clients and individuals facing criminal allegations and enforcement proceedings, as well as in parallel civil litigation, will join a panel at the ThoughtLeaders 4 FIRE Starters Global Summit: Dublin at 11:40 am Dublin time on Thursday, February 24, 2022.

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Attorney-client privilege is taken for granted in many jurisdictions where communications between the two are kept confidential. This is a point of great concern in highly sensitive cross-border cases where protections vary. Vasu Muthyala shared the most important considerations when he joined an American Bar Association virtual roundtable at 10:30 pm Hong Kong time, January 25, 2022.

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