Kobre & Kim

New York

Review

Dispute resolution

Kobre & Kim occupies a unique space in the market, and in fact, according to some, it has “cornered” the market in which it operates. The firm is dedicated entirely to disputes and investigations, often centered around fraud claims involving hidden assets. The firm eschews the traditional model of repeat institutional clients and the conflicts that arise with them. "They’ve built a fantastic boutique,” opines a peer, who testifies, “I saw their early days up close – they are a very sound, litigation-focused group." While the firm’s singular mission qualifies it for “boutique” status, the firm’s reach is global, with 15 offices around the world, and just six in the US.
    Michael Ng in the firm’s San Francisco office scored a $605 million verdict following a five-week jury trial on behalf of green-energy entity Propel Fuels, the plaintiff in a case concerning trade-secret misappropriation against defendant Phillips 66 Company, which, in 2017, had proposed acquiring Propel and, under the terms of the acquisition, conducted a due-diligence process, during which Propel disclosed confidential trade secrets. Phillips 66 then abruptly terminated the deal in 2018 without explanation. The jury found that Phillips 66’s misappropriation was willful and malicious, entitling Propel to additional exemplary damages up to $1.2 billion (for a total of $1.8 billion) under the California Uniform Trade Secrets Act. A client raves on Ng’s behalf: “Michael is excellent at assembling a smart and diverse group of people and conducting the orchestra, reigning in individual contributors as needed, and giving them room to express themselves when it benefits the case – without letting his own ego get in the way.  High-IQ and high-EQ, Michael is great at explaining difficult concepts simply and clearly, by understanding where his audience is, emotionally, and adapting to them.  He is also tenacious.” New York’s Jonathan Cogan is representing DRW Securities in two related lawsuits filed in the Northern District of Illinois, both involving allegations of market manipulation in connection with the CBOE Volatility Index, known as the “Vix,” and collectively seeking damages for approximately $1.1 billion in alleged losses, as well as punitive or exemplary damages of up to twice that amount. Cogan prevailed in having the case dismissed in its entirety at the motion-to-dismiss stage. The plaintiffs have appealed to the Seventh Circuit Court of appeals, and those appeals remain pending. A New York team composed of Cogan, Ben Sirota and Danielle Rose acted as co-counsel defending McKinsey from RICO claims brought by Jay Alix – founder of AlixPartners, a major competitor of McKinsey’s in the bankruptcy consulting market – in the Southern District of New York.  Alix claimed that McKinsey had engaged in a scheme to defraud the Bankruptcy Courts by failing to make requisite disclosures.