Claim Monetization & Dilution

Reflecting the firm’s deepening engagement with the region, Kobre & Kim has for the first time been listed in Legal 500’s Latin America International Firms directory, earning a place among the top firms for compliance and investigations, and those with an office in Miami.

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For victims of illicit trade around the world, ineffective law enforcement has given illicit producers a low risk, high reward environment. The solution is to adopt an aggressive cross-border campaign focused on their assets, as Kobre & Kim’s Jason Masimore will explain during the 2021 PGS Global Brand Innovation Programme at 11:00 am Amsterdam time, October 20.

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A typical instance of bribery occurs when an officer of a company bribes an official or politician. But who is the victim here – the company, whose assets were misappropriated, or the state, whose official abused his power? In English common law jurisdictions, the answer decides who receives any recovered assets, as Kobre & Kim’s Andrew Stafford KC and Evelyn Sheehan wrote in an analysis for International Comparative Legal Guides’ “Business Crime 2022.”

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Moody’s estimates that non-performing loans (NPLs) across 14 APAC economies will double by 2022, including in China and India. What opportunities does this present to investors? Kobre & Kim’s John Han, who focuses on distressed debt in Asia Pacific, will discuss during a virtual panel at the 3rd Global NPL Conference at 10:30 am Berlin time / 9:30 am London time / 4:30 pm Hong Kong time, October 5, 2021.

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Chinese property giant Evergrande Group’s possible default, with its US $300 billion worth of liabilities and missed interest payment on one of its US-dollar bonds on September 23, has shaken global financial markets. Kobre & Kim’s John Han, who focuses on the monetization of distressed debt in Greater China, diagnosed the prospects for offshore investors when he spoke with the Financial Times.

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Often, creditors who wait until they have won a final arbitral award against China-based debtors to begin enforcement end up with nothing, as debtors find ways to avoid their obligations. But as Kobre & Kim’s Greater China-based lawyers John Han and Jason Kang will explain in a Kobre & Kim-hosted seminar during the Hong Kong Arbitration Week, creditors can adopt an early global enforcement strategy to achieve the best monetization results.

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Korean individuals and companies have increasingly internationalized their businesses, setting up corporate structures and placing assets in key offshore jurisdictions around the world. While this is good for business, it also increases their exposure to complex cross-border disputes, such as investigations by foreign government agencies or asset recovery disputes across multiple jurisdictions, that may require specialized knowledge to effectively mitigate.

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Zhang Jindong, billionaire founder of Chinese retailer Suning.com, is struggling to delay repayment of a US $600 million bond, even after a US $1.4 billion rescue plan led by the Jiangsu provincial government. Kobre & Kim’s Jason Kang, who focuses on claim monetization efforts in China, told the South China Morning Post what international investors will be keeping an eye on.

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Chinese companies have significantly increased the scale and scope of their investments in Brazil over the past decade, but they may face complex barriers when it comes time to collect on their multi-billion-dollar investments. Kobre & Kim’s John Han and Carolina Leung will join a virtual panel discussion on how Chinese investors can secure their investments at 9:00 am São Paulo time, September 14, 2021.

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As Chinese real estate giant China Evergrande Group’s credit situation continues to deteriorate, Kobre & Kim’s John Han and Su Mien Tee, Hong Kong-based lawyers who focus on claim monetization in distressed industries, spoke with Reorg about Evergrande’s “ominous and rapidly unfolding” outlook.

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The Anti-Foreign Sanctions Law (AFSL), recently passed by the Chinese National People’s Congress Standing Committee, indicates a hardening of the Chinese government’s position against foreign sanctions and enforcement. While imposing the AFSL threatens these foreign companies’ ability to operate in China and worries foreign investors and trading partners, fears may be assuaged by bilateral investment treaties (BITs) that could limit the scope of the law. Kobre & Kim’s Wade Weems and Chang Liu delve into this emerging dynamic in an article for Law.com International.

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Chinese property developer Tahoe Group has been embroiled in financial crisis, facing a large-scale bond redemption and cross-default at over US $800 million for its dollar-denominated bonds alone. "No-action" clauses tie bondholders, but an exception at bond maturity gives many investors a chance to recoup a return. Kobre & Kim's John Han and Henry Cheung outline creative strategies beyond restructuring that can maximize returns in a blog post for Reorg. 

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