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. 

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Client Alert June 27, 2024

How Israeli UHNWIs Can Prepare and Respond to Criminal Allegations from Western Enforcement Agencies

  • Ultra-high-net-worth individuals (UHNWIs) operating outside the United States have recently come under increasingly aggressive scrutiny from U.S regulators, including the U.S. Department of Justice (DOJ), and international cooperation agencies such as INTERPOL.
  • If an UHNWI is not adequately prepared, these accusations could potentially spiral into global asset freezes and seizures.
  • Below, our team discusses pre-emptive measures these potential targets can take to mitigate associated risks.

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Client Alert June 20, 2024

Mitigating Korean Investors’ U.S. Commercial Real Estate Losses

  • Many Korean and other Asian investors have poured money into the U.S. commercial real estate market, whether investing directly in property or through commercial mortgage-backed securities (CMBS) or real estate investment trusts (REITs).
  • The pandemic, the fastest interest rate hike in decades and a drawback from risk-taking by U.S. regional banks in the wake of bank failures have dealt grievous blows to the market.
  • This rapidly changing environment is leaving many investors vulnerable to mortgage defaults and lower valuations on their investments.

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Client Alert June 14, 2024

Cross-border strategies coordinated by PRC-based global counsel can enhance Chinese companies' abilities to monetize IP claims

  • Chinese companies with significant intellectual property (“IP”) assets continue to see their bottom lines threatened amid increased competition with the U.S. and other Western companies.
  • Kobre & Kim's ongoing commitment to its mainland China presence (recently featured in Law360) is critical to its ability to effectively manage cross-border IP disputes initiated outside China by Chinese companies in industries such as biotechnology, artificial intelligence, and consumer goods.

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Client Alert June 6, 2024

New York Glory Health Decision Makes Enforcement of Bonds Issued by Cayman and BVI Companies Much Easier

  • The ability of bondholders to sue bond issuers to enforce their rights without going through the cumbersome process of instructing a bond trustee has long been in question.
  • However, an important ruling in New York court, obtained by Kobre & Kim on behalf of a group of international bondholders, took the first step in establishing standing.
  • This decision potentially removes key barriers to enforcement in key offshore jurisdictions such as Cayman and the British Virgin Islands (BVI), as well as Hong Kong.

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Client Alert May 30, 2024

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.

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Publications May 29, 2024

Matthew I. Menchel Shares Experiences in Criminal Law and Views on Bridging the Pay Gap on Podcast

From his time working as a federal prosecutor to achieving victory in complex civil litigation, Kobre & Kim’s Miami-based lawyer Matthew I. Menchel shared his experiences with white collar defense and corporate investigations attorneys Marissel Descalzo and Vanessa Johannes Singh, hosts of the Athena Rising podcast.

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Publications May 29, 2024

Kobre & Kim Reinforces Commitment to China as Other Firms Exit or Downsize: Law360

As opportunities arise in areas such as international asset recovery, government enforcement work, and joint venture shareholder disputes, the firm looks to strengthen its operations in China.

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