Foreign Investment Recovery


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Overview

Anderson Kill's Foreign Investment Recovery group has pioneered significant strategies to monetize distressed debt and equity investments, non-performing commercial paper, and unpaid judgment debts. Such strategies have been proven to win favorable results in an exceptionally short time-frame, particularly when compared to traditional legal processes.

One such strategy addresses the growing and insidious trend among valuable and operational publicly listed companies in the United States to suddenly stop reporting and making requisite financial disclosures with the SEC. After raising millions of dollars on the U.S. capital markets, these companies have either informally or formally "gone dark" through the filing of a Form 15 with the SEC, with the apparent intention in some cases of depressing the value of their stock to facilitate an eventual, insider-led privatization transaction -- or, more disturbingly, simply abscond with investor funds.

Using our distinctive approach, investors are able to exit their position in such companies at fair market value -- which often exceeds the current trading price for the particular security, as well as the cost basis of the investment. Our attorneys have obtained results ranging from settlements with the company to taking control of an entity and selling significant assets, including the operating subsidiaries of the company.

Another method pioneered by Anderson Kill's Foreign Investment Recovery group has been obtaining court appointment of a Receivership for a solvent, non-bankrupt enterprise or debtor. The appointment of a Receiver has been an enormously effective mechanism to enforce court orders and judgments against the defendant (now the Judgment Debtor). We have succeeded not only in having our choice of receiver appointed, but also in obtaining Receiver Order(s) that provide the broadest powers for the Receiver (including the power to deal and dispose of all the assets of the defendant as if the Receiver were the defendant).

Our Foreign Investment Recovery group attorneys have successfully obtained extraordinary relief from state and federal courts, including ex parte seizure orders. This relief mimics search and seizures previously employed in criminal contexts. Such relief is atypical and cuts through expensive and time consuming traditional discovery methods (e.g., subpoenas, documents requests, interrogatories, and depositions) by seizing assets and/or information leading to the location of assets from recalcitrant companies and individuals, immediately, directly and without notice.

In addition, our attorneys, acting on behalf of Receivers, Creditors and Investors, have pioneered strategies to gather information and seize assets from off-shore branches and affiliates of United States’ banking institutions, accounting firms, investor liaison firms and auditors. In so doing, we have successfully overcome the often invoked argument from off-shore branches of United States’ businesses that they constitute separate entities and are not subject to U.S. jurisdiction.

The Foreign Investment Recovery Group has also successfully registered, domesticated, confirmed and enforced foreign judgments and arbitration awards within the United States. Once domesticated, we invoke our novel strategies to successful monetize the unpaid foreign judgment debt and/or arbitration award.

Our novel and successful strategies have been widely reported in various news media, including the Wall Street Journal, the New York Post, and other business trade publications.

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