Client Alert September 21, 2023
- Aggressive antitrust enforcement is a priority for the U.S., both at home and abroad.
- Korean companies are on the radar, particularly with alleged procurement fraud, putting them at risk of massive fines and multijurisdictional investigations.
- We explain the risks and responses Korean companies should consider.
Client Alert September 14, 2023
- More investors are taking their disputes against sovereign states and entities to arbitration and judicial forums.
- However, demanding payment of a defaulted debt, judgment or award does not always lead to the sovereign paying up.
- We explore aggressive non-traditional strategies investors should deploy to ensure a sovereign debtor agrees to a settlement.
Publications September 8, 2023
Although the Chinese property developer Country Garden narrowly avoided default in early September, its ongoing financial distress is causing mounting concern among its creditors, especially those holding offshore bonds. A mostly empty megaproject in Malaysia could offer them up to US $1.5 billion in recovery, Kobre & Kim’s John Han – who focuses on large-scale, cross-border monetization of distressed assets – told The Wall Street Journal.
Client Alert September 7, 2023
- Cross-border disputes involving ultra-high-net-worth individuals (UHNWIs) can often turn personal.
- Commercial counterparties may try to make the UHNWI individually liable, putting their personal assets at risk.
- However, if there is a connection to Delaware, UHNWIs can leverage the favorable tools available in the jurisdiction to resolve disputes in their favor.
Client Alert August 31, 2023
- As global geopolitical tensions rise, Cypriot-held assets are increasingly under threat.
- Governments, competitors and other counterparties are increasingly launching aggressive and often unwarranted attacks against the Cyprus assets of ultra-high-net-worth individuals.
- At-risk individuals should work with a cross-border team and local counsel to take strategic steps to defend their assets.
Client Alert August 17, 2023
- U.S. government antitrust agencies – including the U.S. Department of Justice Antitrust Division and Federal Trade Commission – have become increasingly aggressive in their enforcement.
- While this puts more multinational companies with U.S. links at risk, it could also present an opportunity.
- Our team explains how the changing antitrust enforcement environment can provide tools for companies to keep their competitors in check.
Client Alert August 9, 2023
- After the SPAC boom of 2020 and 2021, many de-SPACed companies are now facing cash constraints and even bankruptcy.
- Companies and their sponsors could face increasing scrutiny and disputes from shareholders, creditors or regulators as a result.
- We explain how sponsors can be best positioned to prepare for the legal, financial and reputational risks that follow.
Client Alert August 3, 2023
- Distressed debt investors who are beneficial owners or contingent creditors of bonds face uncertainty when bond issuers stop paying.
- Courts in key jurisdictions are beginning to answer the question of whether creditors can wind-up issuers but are offering diverging decisions.
- We explain how a recent ruling in the BVI opens the offshore jurisdiction to creditors considering a cross-border enforcement campaign.
Publications August 1, 2023
Kobre & Kim’s Matthew Menchel joined David Oscar Markus on the podcast “For the Defense” to speak about the defense and successful acquittal of Swiss UBS banker Raoul Weil.
Client Alert July 27, 2023
Gaining Leverage in Brazilian Insolvencies: Local and Cross-Border Tools for International Creditors
- The Americanas fraud has led a wave of insolvencies in Brazil, shaking the market.
- This wave of financial distress has ensnared international creditors into the slow-moving Brazilian insolvency landscape.
- However, new developments in Brazil – combined with an assertive cross-border strategy – can help creditors gain the upper hand and reach a quicker resolution.
Client Alert July 20, 2023
- Many Chinese debt issuers are still undergoing a wave of defaults, putting offshore general unsecured creditors at risk.
- One way to secure substantial recovery is to enforce keepwell agreements, promises by a PRC onshore parent company to maintain a debt issuer’s liquidity and solvency.
- This can expand the range of enforcement targets, increasing creditors’ options and chances of success.
Publications July 14, 2023
Kobre & Kim’s pro bono work was selected by The American Lawyer among 15 matters that represent the very best of the legal industry’s pro bono efforts in 2022 in “Justice Is Served: Highlights From Big Law’s Year of Impactful Pro Bono.” The article highlighted the firm’s success in gaining asylum for a client “K.”
Client Alert July 12, 2023
What Multinational Companies Should Know About Unprecedented Extraterritorial Activities by the South Korean Police
- The South Korean Police are expanding their extraterritorial activities, with many multinational companies now in their sightline.
- Many companies are unfamiliar with handling Korean inquiries and investigations, but their next steps can be crucial to risks to their business.
- Our cross-border team explores strategies to help companies mitigate their risks and stand up to prosecutorial overreach.
Client Alert July 6, 2023
- Ultra-high-net-worth individuals embroiled in onshore government, commercial or family disputes may find their offshore trusts a vulnerable target.
- These often-aggressive attacks set up a complex clash of onshore and offshore law, and demand an equally aggressive and comprehensive response.
- There are steps UHNWIs and their advisors can take to reduce their risk exposure and respond to attacks on their wealth.
Client Alert June 29, 2023
- 2023 has continued a trend of increasingly energetic shareholder activism in Korea.
- The most recent annual general meeting season has shed light on the paths activist investors can take to increase their chances of success.
- Our team explores the main takeaways and lessons learned from the season.
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