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The US-Israel Legal Review 2019 81
first attaches or executes on a particular asset
obtains a security interest in that asset, to the
detriment of other unsecured creditors.There are affirmative steps that all creditors
can consider to bolster their position against
judgment debtors, as part of a coordinated, global
asset recovery campaign. For example, in some
US states creditors can engage in pre-action or
pre-judgment discovery, which may allow them to
quickly pinpoint assets for enforcement purposes
upon successful litigation at the recognition
stage. In addition, assets can sometimes be locked
down through interim remedies where a risk of
asset dissipation can be demonstrated and where
certain other requirements are satisfied. Enforcing
a foreign judgment in the US can be critical in
tracing a debtor’s assets, for example by taking
discovery from correspondent banks that process
international wire transfers.A party could also initiate fraudulent transfer
claims against known assets of a debtor that have
been transferred to a third party, which can result
in an order that legally unwinds the transfer.
FINALLY, CAN YOU SPEAK TO KOBRE &
KIM’S EXPERTISE IN INTERNATIONAL
JUDGMENT ENFORCEMENT AND
OFFSHORE ASSET RECOVERY?Kobre & Kim has deep experience in cross-border,
high-stakes judgment and arbitration award
enforcement and related asset tracing and recovery
projects. Our work has been featured on the front
page of The Wall Street Journal and in other leading
publications. We have been recognized repeatedly
as one of the most highly regarded judgment
enforcement / asset recovery firms in the world by
the publishers of the Global Arbitration Review. Many of our cases involve closely coordinated
proceedings across various jurisdictions. In
addition to offices in the United States (New
York, Washington DC, Miami and San Francisco)
and in Tel Aviv, we have offices in London, Hong
Kong, Shanghai, Seoul, and key offshore financial
centers (Cayman Islands and the BVI), as well as
investigation & trial support centers in Chicago
and Buenos Aires. Our global reach allows us to
pursue strategies in all relevant jurisdictions
across geographies and time zones to deliver an
integrated, client-focused solution. n
ABOUT THE AUTHORS:
Robert W. Henoch
– Tel Aviv Robert W. Henoch focuses his practice on advocating
onbehalfofbothcorporateentitiesandhigh-net-worth
individuals in high-value international disputes, with
particular experience throughout the Middle East
and Europe. Mr. Henoch has experience in matters
involving complex international elements, including
international arbitration award enforcement and
asset recovery projects.Before joining Kobre & Kim, Mr. Henoch
previously served as a prosecutor at the DOJ (as an
Assistant US Attorney in the Criminal Division of
the US Attorney’s Office for the Eastern District of
New York).
Jef Klazen
– New York Jef Klazen focuses on the enforcement of international
arbitration awards and court judgments, as well
as complex commercial litigation. In particular,
Mr. Klazen regularly represents companies and
individuals in large-scale, cross-border asset tracing
and recovery projects, including against fraudsters
and against foreign states. In the context of pursuing
debtor recovery worldwide, he has significant
experience implementing discovery mechanisms
such as 28 USC. § 1782 in US courts, to uncover
assets that would be otherwise hidden.Before joiningKobre&Kim, Mr. Klazen practiced
with Cravath, Swaine & Moore LLP.
Jeremy Bressman
– Tel Aviv Jeremy Bressman focuses his practice on white-
collar criminal defense, regulatory enforcement,
and judgment enforcement and asset recovery
matters. Mr. Bressman represents Middle East-based
corporate clients and individuals facing criminal
allegations and enforcement proceedings, often
conducted by multiple US government agencies
including, amongothers, theUSDepartment of Justice
and the US Securities and Exchange Commission. He
also advises clients in the Middle East and Europe on
theenforcement of arbitrationawards and judgments
and international asset investigations and recovery.Prior to joining Kobre & Kim, Mr. Bressman
practiced at Sullivan & Cromwell LLP.