Financial Services UK

Opinion

DPAs May Not Be Receiving Sufficient Judicial Scrutiny

Bribery Act-related deferred prosecution agreements lack sufficient defense analysis, are heard too quickly and may contain defective indictments among other signs that point to insufficient judicial scrutiny of the agreements, says David Corker at Corker Binning.

3 Lessons For UK Litigators In Virtual Trials

UK litigators should note several best practices for adapting to the hurdles, and capitalizing on the benefits, of virtual trials, and expect the new hearing format to persist beyond the end of the pandemic, say Christopher Boyne and Emma Laurie-Rhodes at Debevoise.

Opinion

The UK Needs Safe Harbors For Libor's Wind-Down

A synthetic Libor could come to the aid of tough legacy contracts when Libor ceases to exist later this year, but the U.K. should legislate safe harbors to mitigate transaction risk during the transition, say former Federal Reserve Bank of New York general counsel Thomas Baxter and former London Commercial Court Judge Sir William Blair.

UK Rules Revamp Offers Shot At Post-Brexit IPO Boom

The raft of regulatory changes recently recommended by the independent U.K. Listing Review report represents a golden opportunity to overhaul the U.K. public markets regulations, allay fears of a post-Brexit slump and ensure the London Stock Exchange remains one of the prime destinations for initial public offerings, say Marcus Young and William Charnley at King & Spalding.

SEC Data Transfer Safe Harbor Raises Questions For UK Cos.

The U.K. Information Commissioner's Office recently authorized British companies to transfer U.K. subjects’ personal data to facilitate U.S. Securities and Exchange Commission investigations, but companies need more detail on how to invoke the safe harbor or handle EU data subjects, say attorneys at Davis Polk.

Analyzing Cost Issues After Top Court MasterCard Ruling

The U.K. Supreme Court recently directed MasterCard v. Merricks back to the Competition Appeal Tribunal after clarifying the tests for class action certification, likely resulting in a green light for the action and a review of the regime-specific costs and funding models of the opt-out class action, says Andy Ellis at Practico.

Remote Working Tips For Lawyer Trainees And Their Firms

The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

High Court Ruling Checks Growth Of Bank Protection Duty

A number of recent claimant-friendly decisions have considered and broadened a bank's common law duty to refrain from making payments where fraud is suspected, but the High Court's recent judgement in Philipp v. Barclays Bank suggests a turn in the tide, say Paul Brehony and Kate Gee at Signature Litigation.

A Road Map For US Involvement In Europe's Cum-Ex Probe

The dividend arbitrage trading strategy known as cum-ex continues to face regulatory scrutiny in Europe, and stateside regulators may soon follow suit with the U.S. Securities and Exchange Commission’s recent American depositary receipt probe as a guide for enforcement, says Joshua Ray at Rahman Ravelli.

4 Lessons From Record Money Services Biz Fine

HM Revenue & Customs recently imposed a record fine on MT Global over anti-money laundering law violations, highlighting several AML enforcement and supervision considerations for money services businesses and their advisers, says Jessica Parker at Corker Binning.

UK Approach To AML Remains Robust Despite Brexit

Despite the seismic shifts that Brexit has brought to many other issues, the U.K. will likely continue to maintain and potentially heighten its regulatory oversight of anti-money laundering practices and procedures, says Nicola Sharp at Rahman Ravelli.

Finance Firms May See Increased FCA Enforcement This Year

Financial firms will likely see increased investigation and enforcement actions from the U.K. Financial Conduct Authority following Brexit and the COVID-19 pandemic, including in the areas of financial crime, customer protection, operational resilience and conduct, says Tracey Dovaston at Boies Schiller.

SEC Settlement With Hedge Fund Offers Corporate AI Lessons

The U.S. Securities and Exchange Commission's recent settlement with BlueCrest, over alleged failures to disclose its use of an algorithmic trading tool, highlights key governance, supervision, conflicts and enforcement considerations for companies using artificial intelligence and algorithmic-based applications, say attorneys at Debevoise.

Evaluating Ethical And Legal Risk In Ransomware Payments

Deciding whether to pay the demanded ransom during a cyberattack is complex and requires a careful balancing of the risks to the firm's business against the reputational and regulatory risks, but companies can also prepare for this eventuality by taking concrete steps now, say Rob Dedman and Kim Roberts at King & Spalding.

Top Court MasterCard Ruling Lowers Bar For UK Class Suits

Although the U.K. Supreme Court's recent decision in MasterCard v. Merricks removes some certification barriers for collective actions, aspects of the court's opinion may provide comfort for defendants, say Louise Freeman and Harry Denlegh-Maxwell at Covington.