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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Client Alert May 23, 2024

US Dollar Noteholders Can Fast-Track a Favorable Recovery Against Brazilian and Latin American Note Issuers

  • Many Brazilian and Latin American companies that borrow in US dollars are facing a growing mountain of debt.
  • As international creditors eye a shrinking pool of capital available for repayment, US dollar noteholders may be left at the back of the line relative to onshore creditors.
  • However, there are a number of options at USD noteholders' disposal that could improve their position and increases their chances of recovery.

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Client Alert May 16, 2024

Precedent-Setting Win in Dubai Opens Doors for Global Creditors to Fight Fraudulent Conveyance in the Middle East

  • International investors and other claimants have long struggled to enforce cross-border claims in the United Arab Emirates (UAE) and the wider Middle East.
  • Debtors frequently deploy tactics such as fraudulent conveyance to transfer their assets out of reach.
  • A recent precedent-setting decision in Dubai’s High Court, secured by Kobre & Kim and local co-counsel, shows another avenue for global creditors to battle recalcitrant debtors and increase their chances of a swift and significant recovery on their cross-border claims.

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Client Alert May 9, 2024

Cross-Border Strategies for Maximizing Returns Against Sovereign Debtors

  • 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.

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Client Alert May 2, 2024

Preparing for Politically Motivated Criminal Enforcement Against Companies and Individuals in Asia

  • Relations between China and the U.S. will likely remain tense for the foreseeable future, as evidenced by the recent U.S. law mandating TikTok be divested or face a ban.
  • Companies and individuals with perceived Chinese associations – including in Greater China, Southeast Asia and the wider region – could be at risk of invasive and politically motivated government enforcement actions.
  • Those at risk can take several proactive steps to protect their assets, reputation and liberty.

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Client Alert April 25, 2024

New Rights for Private Equity Investors and Private Credit Lenders Enhance Speed of Takeover of PRC Project Companies

  • Recent challenging economic conditions in China are putting many PRC companies in distress.
  • This puts offshore joint venture partners and private credit lenders at risk, potentially having to attempt a difficult recovery by taking over PRC projects, companies or assets.
  • A new Chinese company law may give investors an upper hand by strengthening their information rights, which when combined with a multijurisdictional strategy allow a more effective takeover.

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Client Alert April 18, 2024

Countering Bad-Faith Opponents' Efforts to Publicly Discredit High-Net-Worth Individuals

  • Bad-faith opponents often use elaborate mechanisms to publicly discredit high-net-worth individuals.
  • Misinformation can spread across borders rapidly, resulting in reputational harm across borders and languages.
  • HNWIs in contentious situations should take a robust and active approach with a carefully calibrated mix of legal and communications interventions.

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Client Alert April 11, 2024

Cross-Border Tools to Aid Latin American Parties in Disputes with PRC Companies

  • Deals and partnerships between Latin American and Chinese companies are growing as economic ties between the two regions deepen.
  • However, unique risks are involved if a dispute arises with the Chinese company – the Chinese legal system could create barriers to payment, even with an award or judgment in hand.
  • Latin American companies and investors should consider cross-border strategies to increase their leverage.

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Publications April 5, 2024

Kunhee Cho Explains Impact of Korea Corporate Value-Up Program for Activist Investors with The Deal

The Korean government recently unveiled its much-anticipated Corporate Value-Up program, an effort to address the “Korea discount,” the low valuation of Korean companies. Kobre & Kim’s Kunhee Cho, who focuses on cross-border disputes and shareholder activism campaigns, sat down with The Deal to explain what the program means for activist investors.

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Client Alert April 4, 2024

New York Court Opens Path for Global Bondholders to Bring Unilateral Claims Against Recalcitrant Bond Issuers

  • 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.
  • With New York law governing a vast amount of emerging market company debt, this could allow global bondholders to dramatically speed up creditor response times.

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Publications March 28, 2024

Global Restructuring Review: Chinese Property Developer Fails to Dismiss NY Suit From BFAM and Other Bondholders Represented By Kobre & Kim

An important ruling by a New York court, rejecting Chinese real estate develop Glory Health’s efforts to dismiss a suit brought by a group of bondholders represented by Kobre & Kim, found that beneficial owners may receive authorization from the registered holder to sue, as reported by Global Restructuring Review.

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