Client Alert October 3, 2024

Cypriot Insolvencies: Leveraging Cross-Border Tools

  • As high energy prices and a wider global weakening economy threaten the shipping and maritime industries, many Cyprus-based companies face serious financial distress.
  • This poses a risk for creditors or those with deep financial ties to those companies as they increasingly default on their bonds and bilateral loans.
  • Creditors of Cypriot companies in those situations should focus on a multijurisdictional approach to achieve recovery.

Read More

Client Alert September 26, 2024

The Next Challenge For Independent Outside Counsel Performing Internal Investigations: Employees’ Personal Cell Phones

  • The private cell phones of employees in high-stakes internal investigations can put key stakeholder relationships at risk, posing a serious challenge for general counsel or law firms unwilling to “burn a bridge” with a client or other external stakeholder.
  • In these complex situations, an independent, “one-off” third party uninterested in pursuing institutional relationships can be critical in delivering an unbiased, confidential assessment.
  • Companies should seek to limit liability by taking a few preventive measures to avoid serious risks associated with investigations.

Read More

Client Alert September 19, 2024

African Ultra-High-Net-Worth Individuals Can Protect Themselves from U.S. Authorities’ Increased Scrutiny

  • Western enforcement agencies like the U.S. Department of Justice (DOJ) increasingly pursue Ultra-High-Net-Worth Individuals (UHNWIs) with cross-border investigations throughout Africa.
  • These investigations threaten the UHNWIs' liberty, assets, and reputation and are often initiated solely based on allegations made in the media by adversaries.
  • The increased focus of the U.S. DOJ and the aggressive tools at its disposal can put individuals and companies operating throughout Africa at risk of global asset freezes, seizures, and/or other penalties.

Read More

Client Alert September 12, 2024

Non-U.S. Creditors Can Crack Delaware’s Notoriously Tough Trusts

  • Delaware’s strong asset protection laws have long made the U.S. state a destination of choice for individuals and entities worldwide looking to set up a trust.
  • International creditors looking to recover assets may feel that pursuing a debtor in Delaware is insurmountable.
  • However, it is indeed possible to crack Delaware’s notoriously tough trusts by adopting an aggressive multijurisdictional strategy.

Read More

Client Alert September 5, 2024

Enforcing Claims Against Sovereign Debtors in the Middle East

  • Commercial parties worldwide have long struggled to enforce cross-border arbitration awards and judgments in the Middle East.
  • However, recent decisions of the UAE courts have signaled that the tides may be turning more in creditors’ favor. which can inform how they may approach enforcement against a sovereign debtor.
  • Our team explains recent updates advancing cross-border judgment enforcement efforts in the region.

Read More

Client Alert August 29, 2024

Chinese Companies Should Not Shy Away from Potential Disputes Against Korean Chaebols

  • The People’s Republic of China (PRC) and South Korea vowed a new start in future economic cooperation,
  • However, given the dominance of family-owned conglomerates known as chaebols in the Korean market and the complex intricacies of the Korean legal market, PRC companies may struggle to see a way out when they encounter a dispute.
  • PRC companies can combine various creative legal and PR strategies designed to maximize pressure on their competitor and assertively protect their business interests.

Read More

Client Alert August 22, 2024

Kobre & Kim Successfully Enforces More Than US $40 Billion of Cross-Border Judgments and Awards

  • Over the past several years, Kobre & Kim has successfully enforced cross-border judgments and arbitration awards collectively valued at more than US $40 billion.
  • Many of the firm’s engagements have involved judgments and awards valued at upward of US $100 million, including several in the billions or even tens of billions of US dollars.
  • Large monetary judgments or awards cannot be successfully enforced by a strategy that solely focuses on pursuing assets worldwide.

Read More

Client Alert August 15, 2024

Global Investors: Managing Risks Arising in Latin America from Political Turmoil

  • Recent political unrest in Latin America poses increased risks for global investors with deep financial ties to the region. Attempted coups and disputed elections have increased investor concerns over potential disruption to companies' onshore operations. 
  • Rapid changes in political regimes affecting relationships with local governments or adverse actions taken against key local business partners may cause business challenges. 
  • Extractive industries such as lithium mining and oil and gas face significant exposure to these geopolitical events. 

Read More

Publications August 8, 2024

Global Restructuring Review: Kobre & Kim Wins Second Bondholder Standing Decision

As reported by Global Restructuring Review (GRR), Kobre & Kim has now obtained a second New York Supreme Court ruling that a beneficial holder of a global note has legal standing to bring suit against Zhongrong International Resources directly, without the bond trustee. The court entered judgment in BFAM Asian Opportunities Master Fund’s favor for US $170 million.

Read More

Client Alert July 29, 2024

How Ultra-High-Net-Worth Individuals Can Mitigate Reputational Risks Arising From a Misinformation Campaign

  • The creation and proliferation of inaccurate information are among the most potent threats facing ultra-high-net-worth individuals (UHNWI) navigating disputes.
  • This misinformation can corrode and obscure the truth, risking a person’s reputation, lawfully held assets, and freedom to move across borders.
  • When facing these types of risks, UHNWIs and their advisors should contemplate proactive steps to protect their legitimate business interests.

Read More

Publications July 22, 2024

Helena Shipman on the Risks Misinformation Poses to UHNW Individuals in Tatler Article

In an article for Tatler, Kobre & Kim’s Helena Shipman unpacks the complexities of misinformation and sets out strategies to mitigate the risks it poses for UHNW individuals.

Read More

Publications July 22, 2024

Udi Karklinsky Discusses the Firm’s Strategic Presence in Israel with IsraelDesks

Udi Karklinsky sat down with IsraelDesks to discuss the firm’s plans in the country and share some of the biggest strengths and challenges in connecting Israel with key jurisdictions around the world.

Read More

Client Alert July 19, 2024

Mitigating Cyprus-Tied Shipping Companies' Exposure to Western Sanctions

  • Sanctions against Russia have increasingly targeted the global shipping and maritime industry as the U.S., UK, EU, and other allied governments seek to enforce its crude oil price cap more aggressively.
  • With Russian crude exports on the rise, individuals and businesses with ties to the global shipping and maritime industry – particularly Greek and Cyprus-based companies – could find themselves exposed to the widening sphere of Western sanctions.
  • We explain how individuals and businesses with ties to the Cypriot shipping industry and their advisors may be able to mitigate potential risks.

Read More

Publications July 18, 2024

Victor Dias Vieira Clementino and Sergio de Aguiar Discuss FriCon’s Situation with Reorg

Kobre & Kim’s Victor Dias Vieira Clementino and Sergio de Aguiar sat down with Reorg to discuss how creditors should start proactively safeguarding their interests as Frigorífico Concepción (FriCon) faces allegations of accounting fraud in connection to its relationship with Brazil’s trading partners Betampex and Nostro Beef, seeing its ratings recently downgraded by Fitch which has been attributed to the company's lack of financial transparency and weakened governance.

Read More

Publications July 2, 2024

John Han and Geoffrey Derrick Discuss New York Glory Health Decision With INSOL World

Kobre & Kim’s John Han and Geoffrey Derrick sat down with INSOL World to discuss the decision and what it means for global bondholders moving forward.

Read More

Loading

For media inquiries, please contact:
email  |  +1 646 448 6283