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.
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.
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.”
Publications June 5, 2023
Adriana Riviere-Badell on Lawmakers’ Request for U.S. to Intervene in ICSID Treaty Claim in Global Arbitration Review
Over 30 U.S. lawmakers wrote to the Biden administration in May urging them to intervene on behalf of Honduras after allegations that ICSID has breached “law and procedure” in its administration of US $11 billion treaty claim have caused the government of Honduras to threaten withdrawal from ICSID’s jurisdiction. Kobre & Kim’s Adriana Riviere-Badell, who focuses on enforcement of international judgments and arbitral awards with a nexus to Latin America, gave her insight to Global Arbitration Review.
Publications June 2, 2023
Evelyn Sheehan and Lara Levinson Explore Navigating Legal Risks in Luxury Asset Transactions in Private Client Global Elite’s “The Month”
The luxury market is characterized by high stakes and confidentiality, but recent developments in the market have led to greater government scrutiny and enforcement actions, which increases risk for market participants. Kobre & Kim’s Evelyn Sheehan and Lara Levinson explore these risks in an article for Private Client Global Elite’s “The Month.”
Publications May 30, 2023
With over 30 U.S. lawmakers in May urging the Biden administration to intervene in an investor-state arbitration involving Honduras and calling for the elimination of investor-state dispute settlement (ISDS) provisions in existing trade agreements involving the hemisphere, should international investors be concerned? Kobre & Kim’s Adriana Riviere-Badell, who focuses on enforcement of international judgments and arbitral awards with a nexus to Latin America, sat down with Law360 to discuss.
Publications April 26, 2023
Andrew Stafford KC, Calvin Koo, Timothy de Swardt Examine Crypto Recovery in the UK, BVI, Hong Kong and U.S.
The proliferation of blockchain technology and cryptocurrency has seemed like the emergence of a new Wild West – but has the sheriff finally ridden into town? Kobre & Kim’s Andrew Stafford KC, Calvin Koo and Timothy de Swardt look at how the United Kingdom, the British Virgin Islands, Hong Kong and the U.S. – all sophisticated and important global financial centers with mature and highly competitive legal markets – have responded to the disruptive effects of blockchain and cryptocurrency in a chapter of Commercial Dispute Resolution’s “Fraud, Asset Tracing & Recovery 2023.”
Publications April 11, 2023
Evelyn Sheehan to Anti-Corruption Report: U.S. DOJ Compensation Claw Back Program Improperly Shifts Government Burden to Employers
The U.S. Department of Justice’s (DOJ) new pilot program incentivizing companies under investigation to claw back compensation from culpable employees and supervisors attempts to shift the burden of corporate wrongdoing from shareholders to those directly responsible. However, as Kobre & Kim’s Evelyn Sheehan – who focuses on asset forfeiture and other government enforcement actions – told Anti-Corruption Report, the program offloads the government’s burden onto companies and adds to the challenges they face.
Publications April 7, 2023
Cryptocurrency scams are on the rise. As more victims are losing money, they are finding that – even though transactions are preserved on a public ledger – the cross-border nature of the asset and the underdeveloped global regulatory landscape make recovery often very difficult, and scammers will continue to take advantage. Kobre & Kim’s Calvin Koo, who focuses on global tracing and recovery of digital assets, spoke to DL News about these trends.
Publications April 3, 2023
Jalil Asif KC, Peter Tyers-Smith and Ilona Groark Pen ICLG Chapter on Enforcing Foreign Judgments in Cayman
The Cayman Islands is a key offshore jurisdiction for judgment creditors in cross-border enforcement campaigns. Kobre & Kim’s Cayman-based Jalil Asif KC, Peter Tyers-Smith and Ilona Groark detailed the main insights in the jurisdiction for creditors in a chapter of International Comparative Legal Guide’s “Enforcement of Foreign Judgments 2023.”
Publications February 8, 2023
Nick Cherryman Quoted in Financial Times and Law360 on UK Win in Award Enforcement Case Against Spain
Coming amid uncertainty for renewable investors and a global legal debate in the wake of the Court of Justice of the European Union’s (CJEU) Achmea and Komstroy decisions, the UK High Court rejected the European Commission’s attempt to intervene in two renewable energy investors’ US $101 million arbitral award enforcement case against Spain in a win for the investors. The Financial Times and Law360 quoted Kobre & Kim’s Nick Cherryman, who represents the lead award in this dispute, on the development.
Publications January 31, 2023
The trend away from billable hours as the way law firms charge clients may be accelerating. Kobre & Kim’s Managing Director of Underwriting and Value Optimization Alan Guy, who underwrites, negotiates and manages litigation finance and alternative fee arrangements, sat down with LexisNexis to explore the changes.
Publications January 13, 2023
For general counsels (GCs) in many organizations, a slowing economy in 2023 is putting pressure on them to spend less, particularly on their highest cost: outside counsel spending. Kobre & Kim’s Alan Guy, the Managing Director of Underwriting and Value Optimization, sat down with Legal Dive to emphasize how professionalizing fee discussions can allow clients and counsel to find win-win deals that align pricing and value.
Publications December 19, 2022
Benjamin Sirota Analyzes FTC Challenge of Microsoft-Activision Deal with Bloomberg Businessweek, WSJ and MLex
The U.S. Federal Trade Commission’s (FTC) attempt to block Microsoft’s acquisition of video game developer Activision Blizzard is, to some, a surprising and aggressive move with long odds. Kobre & Kim’s Benjamin Sirota, who focuses on contentious high-stakes antitrust disputes, analyzed the case when he sat down with Bloomberg Businessweek, The Wall Street Journal and MLex Market Insights.
Publications November 23, 2022
Calvin Koo Lays Out Roadmap for Recovering Stolen Digital Assets in Hong Kong for the Hong Kong Lawyer
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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