Client Alert June 8, 2023
More Routes to Recovery for Global Creditors in the Middle East
- The Middle East is opening up to cross-border investors, creditors and claimants, as Saudi Arabia’s adoption of rules based on the UNCITRAL Model Law on Cross-Border Insolvency demonstrates.
- The openness is not limited to that country – the United Arab Emirates has also made strides that gives more tools for creditors considering a global enforcement campaign.
- We explain what these developments mean for creditors.
Client Alert May 25, 2023
Asia-Based Investors in U.S. Commercial Real Estate Can Mitigate Losses by Defending their Legal Rights
- Chinese and other Asia-based investors have targeted the U.S. commercial real estate market recently, whether by direct investment of through CMBS or REITs.
- However, the pandemic, credit tightening and regional bank failures have accelerated a market downturn, and many investors are vulnerable to losses.
- Investors should consider proactive or counteroffensive strategies to enforce their legal rights, even against big industry players, to mitigate their losses and protect their bottom lines.
Client Alert May 18, 2023
Pathways for Global Bondholders to Effectively Oppose Unjust UK Restructuring Plans
- Global bond issuers looking to restructure their debt have often turned to English courts, relying on debtor-friendly rules such as the ability to cram down creditors.
- Two recent English court decision, however, are improving prospects for global bondholders.
- Creditors who are willing to take swift and forceful action against even the biggest players can see the greatest chances of success.
Client Alert May 10, 2023
How Israeli, Middle Eastern and African Individuals Should Respond to Criminal Allegations from Foreign Governments
- Israeli and other Middle Eastern and African nationals are increasingly at risk as U.S. and Western enforcement agencies aggressively pursue cross-border actions, in many cases based on incomplete facts.
- With cooperation from countries like Israel, those targeted can risk their assets, reputation and liberty if they are not adequately prepared.
- We explain what steps individuals can take to push back and get the facts straight.
Client Alert May 4, 2023
Chinese Companies Should Not Shy Away From Potential Disputes Against Korean Chaebol Competitors
- More Chinese companies are entering the Korean market, running head-on into family-owned conglomerates known as chaebols.
- In a dispute, the overwhelming dominance of chaebols and the intricacies of the Korea legal market make it hard for Chinese companies to find a way out.
- However, by combining creative legal and PR strategies, Chinese companies can put pressure on their competitors and protect their business interests.
Client Alert April 26, 2023
Non-U.S. Companies Beware: U.S. Corporate Leniency Programs May Not Achieve Best Outcome
- Recent comments by top U.S. Department of Justice (DOJ) officials seem to signal an emphasis on leniency programs for companies cooperating on corruption and bribery investigations.
- However, non-U.S. companies should not let their guard down – the DOJ continues to stretch the bounds of its jurisdiction to aggressively prosecute companies beyond the U.S.
- We unpack counteroffensive strategies at-risk companies should consider to stand up to DOJ overreach and drive successful outcomes.
Client Alert April 12, 2023
Politically Exposed Persons Should Preemptively Manage Risks from A Regime Change
- The tumultuous power transfer in Brazil has sparked investigations into the new administration’s political opponents.
- This is an example of a larger global trend where regime change may result in politically motivated investigations, threatening a politically exposed person’s liberty, reputation and assets.
- Our team walks through proactive steps those at risk can take to protect themselves.
Client Alert March 29, 2023
Global Creditors Can Successfully Fight Fraudulent Conveyance in Dubai
- As a key economic center in the region, the United Arab Emirates (UAE) is increasingly the place where many international creditors go as they pursue their debtor’s assets.
- However, some recalcitrant debtors may try to transfer their assets away to avoid payment in a fraudulent transfer.
- Our team explores what strategies are available in the UAE to restore a creditor’s interests.
Client Alert March 22, 2023
Bringing a Global Perspective to Challenge Offshore Awards Successfully
- Judgment and award debtors often hold assets in offshore jurisdictions such as the BVI – but these places are notoriously creditor- and enforcement-friendly.
- When cornered by a creditor, debtors often find few – if any – legal avenues to challenge the claim against them.
- However, a recent Kobre & Kim victory in the BVI demonstrates that, through deep familiarity of and ability to connect both offshore and foreign law, debtors can defy conventional wisdom and succeed.
Client Alert March 16, 2023
How Offshore Trustees and Beneficiaries Can Mitigate Serious Risks of a Sanctions Violation
- Governments have increased focus on third parties – including offshore trustees – as they look to enforce their sanctions regimes.
- This increases the risk trustees could become embroiled in an accusation of violating sanctions.
- Trustees should take proactive, globally comprehensive measures to reduce their risk and avoid a cross-border crisis.
Client Alert March 10, 2023
How International Creditors Can Crack Delaware's Notoriously Tough Trusts
- Debtor-friendly Delaware has strong asset protection laws that make it a destination of choice for global entities and individuals looking to hold their assets in a trust.
- This creates a headache for international creditors – recovering assets in a Delaware trust can seem like an insurmountable challenge.
- By adopting a creative, aggressive and multijurisdictional strategy, however, creditors can crack even Delaware’s notoriously tough trusts.
Client Alert February 28, 2023
Don’t Overlook China in Difficult Chapter 11 Asset Recovery Efforts
- In Chapter 11 bankruptcy cases where the chances of recovery seem slim, global unsecured creditors may have to get creative and look outside the U.S. to improve their prospects.
- Assets in the People’s Republic of China (PRC) – the world’s second largest economy – offers a surprising source of asset recovery opportunities.
- We explain how creditors can unlock value in China and maximize their recovery.
Client Alert February 22, 2023
Lessons from LBRY: Standing Up to Regulatory Oversight
- The global crypto industry may have celebrated prematurely at a reported win by LBRY amici against the U.S. Securities and Exchange Commission.
- In fact, enforcement threats are at an all-time high, and the SEC and other regulators are emboldened.
- Only by matching the regulator’s aggressiveness with equally aggressive strategies can industry players see success.
Client Alert February 16, 2023
Traders Can Stand Up to Investigations from Regulators and Exchanges
- U.S. government regulators are ramping up enforcement actions against traders for alleged market manipulation and spoofing.
- Exchanges and self-regulatory organizations are piling on, subjecting traders to their own investigations.
- Traders should not be afraid to stand up to these entities, and there are effective counteroffensive measures that can drive successful outcomes.
Client Alert February 8, 2023
Stopping the “Snowball Effect” of a Reputation Under Attack
- Reputation is both a highly valuable and sensitive asset for ultra-high net worth individuals (UHNWIs), and is constantly at risk.
- A strategically placed narrative aimed at undermining an individual’s commercial or political objectives can “snowball” to impact many aspects of their personal and professional lives.
- We explain how defensive and proactive strategies can be deployed to defend an UHNWI’s reputation, demonstrate their source of wealth and protect their freedom of movement around the world.
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