Legal Business

Barclays Investment Bank hires new global GC

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Gibson, Dunn & Crutcher’s co-chair of its financial institutions Mark Shelton is leaving the US firm to join Barclays Investment Bank as its global general counsel (GC) and the regional GC for the Americas.

He leaves private practice after one year to return to the world of in-house in which he has over ten years’ experience. He joined Gibson Dunn in February 2014 from UBS where he was GC and global head of investigation and Americas GC in New York for almost 11 years.

Legal Business

Rumbling on – Barclays’ profits plunge after £750m Forex provision

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The fallout from the Forex rigging scandal continues to rumble on with Barclays this week being the latest in a long line of banks to set aside huge sums to deal with the matter. The bank this week announced that it had set aside an additional provision of £750m in the last quarter of 2014 for ongoing investigations and litigation relating to Forex rigging investigations and related litigation.

The provision swells to £1.25bn the funds set aside for Forex liabilities. An additional £200m was allocated to re-dress customers mis-sold payment protection insurance. The Forex provision was enough to lead to a sharp fall in the booked profit of Barclays’ investment banking arm.

Barclays as a group did enjoy a 12% rise in adjusted pre-tax profit to £5.5bn for the 2014 year, excluding the forex provision, while for the last quarter of 2014 litigation and conduct costs totalled £140m.

In November Barclays opted out of a major settlement reached by five banks with UK and US regulators for allegedly failing to stop traders from trying to manipulate the foreign exchange market, with HSBC, Royal Bank of Scotland, UBS, JP Morgan Chase and Citibank collectively levied a £2bn fine.

In the US Barclays is currently embroiled in a class action against it and a host of other banks over claims related to Forex, for which it has turned to Sullivan & Cromwell. Clifford Chance is advising Barclays in the UK.

Barclays’ announcement comes after three years that have seen unprecedented levels of regulatory activity against major banking groups for Forex and a range of other conduct issues. Other banks to this year unveil $1bn-plus legal expenses for Forex include JP Morgan Chase and Citigroup.

Signature Litigation lawyer Daniel Spendlove commented: ‘Although the massive fines imposed on banks for regulatory failings are well documented, it remains to be seen what the impact of the FX scandal will be in terms of civil claims. Investors who believe they have suffered losses by reason of the banks’ conduct will doubtless be keeping a close eye on the outcome of the ongoing investigations to see if further material emerges to support a claim.’

Sarah.downey@legalease.co.uk


Click here for an assessment of the legal work being generated by Forex investigations.

Legal Business

In-house: Barclays Investment Bank hires Gibson Dunn’s financial institutions co-chair as new global GC

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Gibson, Dunn & Crutcher‘s co-chair of its financial institutions Mark Shelton is leaving the US firm to join Barclays Investment Bank as its global general counsel (GC) and the regional GC for the Americas.

He leaves private practice after one year to return to the world of in-house in which he has over ten years’ experience. He joined Gibson Dunn in February 2014 where he was a member of the investigations and crisis management, securities enforcement, securities litigation and white collar defence practice group for a brief one year. He joined the US firm from UBS AG where he was GC and global head of investigation for UBS’ Americas business in New York for almost eleven years.

Before his time at UBS, Shelton was a partner in the securities regulation and enforcement practice at Wilmer, Cutler & Pickering from 1996 to 2003, based in Washington DC. Prior to this, Shelton worked in the Office of the General Counsel at the Securities and Exchange Commission, and also served as a director of the Securities Investor Protection Corporation since August 2007.

Shelton officially starts his new role at Barclays, which is based in New York on 9 March and will report to Barclays group GC Bob Hoyt. He will also join the senior leadership group, the investment bank executive committee, the Americas executive committee and the legal executive committee.

The news follows the exit of Barclays’ former global GC of corporate and investment banking Judith Shepherd who announced would step down in the first half of 2015.

jaishree.kalia@legalease.co.uk

Legal Business

Succession planning: RBS and Barclays lose their GCs

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Last month saw both Barclays and The Royal Bank of Scotland (RBS) put succession planning into place as global general counsel (GC) of corporate and investment banking at Barclays, Judith Shepherd, announced she would step down in the first half of 2015, while RBS’s group GC Chris Campbell was replaced as he prepares to retire.

Shepherd had risen steadily through the ranks, having joined as deputy group GC in 2006 from US firm Gibson, Dunn & Crutcher, where she was a partner specialising in M&A, particularly public takeovers and cross-border securities issues.

Legal Business

Mounting departures: Barclays’ global head of financial crime steps down

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Days after Barclays global general counsel (GC) of corporate and investment banking Judith Shepherd announced that she will be stepping down in the first half of this year, Barclays global head of the financial crime legal team Jonathan Peddie has quit the banking giant after nine years.

Peddie took responsibility of the legal team in May 2014 after Barclays overhauled its legal function to create a streamlined global litigation group that specialised in bribery and corruption, money laundering and international sanctions. Before this, Peddie was managing director of litigation and investigations since January 2011 and, prior to that, fulfilled the same role for the global retail and commercial banking side.

Before his time at Barclays, Peddie served as in-house counsel at Magic Circle firm Clifford Chance where he handled professional indemnity claims against the partnership. Overall, Peddie has around 24 years’ experience in the legal industry.

In an internal memo seen by Legal Business, the bank said: ‘Jonathan has played a significant part in many of the high profile legal matters affecting Barclays in recent years, ranging from consumer litigation to regulatory and criminal investigations. In his most recent role he has been engaged in building a financial crime legal team advising on key issues of money laundering, terrorist financing, bribery and corruption and international sanctions.

‘We are grateful for everything Jonathan has done for Barclays and ask that you join in wishing him well in his future career.’

The news follows the exit of Barclays global general counsel (GC) of corporate and investment banking Judith Shepherd who is set to step down in the first half of 2015.

jaishree.kalia@legalease.co.uk

Legal Business

Stepping down: Barclays corporate GC Shepherd to leave role

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Barclays global general counsel (GC) of corporate and investment banking Judith Shepherd (pictured) is to step down in the first half of 2015.

Since joining the organisation in 2006, Shepherd has risen steadily through the ranks having started as deputy group GC, then GC for global retail and commercial banking and most recently GC for the investment bank since 2010 with responsibility for Barclays corporate from July 2011.

She is also a member of both the executive committee of corporate and investment banking, as well as an executive sponsor of the investment’s bank’s women’s initiatives network in EMEA.

In an internal statement seen by Legal Business, group GC Bob Hoyt said: ‘Judith has built a world class legal team in strong and effective partnership with the business and as executive sponsor for WiN in the investment bank, she has also made a significant contribution to Barclays’ diversity agenda.’

Hoyt added, ‘Judith will continue to work closely with us over the coming months as we appoint her successor and ensure a smooth transition. We are grateful for everything Judith has done for Barclays and wish her the very best for the future.’

Judith joined Barclays from US firm Gibson Dunn & Crutcher where she was a partner specialising in M&A, particularly public takeovers and cross-border securities issues.

According to the Financial Times, in September last year Shepherd was one of a number of senior executives, along with ex-general counsel Mark Harding and ex-chief executive Bob Diamond, interviewed under caution by the SFO as part of a probe into the bank’s dealings with Qatar.

kathryn.mccann@legalease.co.uk, tom.moore@legalease.co.uk

Legal Business

Barclays cuts legal roster by 30% in global panel review

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US firms find success as preferred advisers

Barclays has turned to a raft of US firms, including Skadden, Arps, Slate, Meagher & Flom and Latham & Watkins, for its preferred legal advisers as its latest panel review sees the banking group cut its legal roster by around 30% and move to a streamlined two-tier system of ‘preferred’ and ‘approved’ firms.

Legal Business

Barclays’ Americas chief Michael Crowl set to join UBS

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Barclays’ high-profile managing director and general counsel (GC) for the Americas, Michael Crowl, is to head UBS’ US wealth management division, replacing former permanent head Jonathan Eisenberg, who returned to K&L Gates earlier this year.

A spokesperson for Barclays last month confirmed the bank has, until a permanent replacement is announced, put in place two interim heads: New York-based Kevin Genirs and Marcelo Riffaud.

Legal Business

Barclays high profile Americas chief Michael Crowl set to join UBS

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Barclays’ high-profile managing director and general counsel (GC) for the Americas, Michael Crowl, is leaving to head UBS’ US wealth management division, replacing former permanent head Jonathan Eisenberg, who returned to K&L Gates last year.

A spokesperson for Barclays confirmed that the bank has, until a permanent replacement is announced, put in place two interim heads: New York-based Kevin Genirs and Marcelo Riffaud.

Genirs, a former Fried, Frank, Harris, Shriver & Jacobson lawyer, is managing director (MD) – Office of the General Counsel, and joined Barclays in 2008 from Lehman Brothers.

Riffaud joined Barclays as MD and senior counsel from Deutsche Bank in 2012.

Crowl joined Barclays Global Investors (BGI) in 2007 from Goldman Sachs, where he was latterly MD and GC of the financial institution’s core investment banking division and capital markets group, heading a team of 30 lawyers and 14 paralegals to provide global legal coverage.

The former Cravath, Swaine & Moore associate joined BGI in October 2007, overseeing a team of 52 lawyers, eight paralegals and 75 compliance personnel, and led the in-house team on the sale of BGI to BlackRock in December 2009 for around $15bn.

Since becoming Barclays’ New York-based MD and GC of the Americas in February 2010, Crowl has overseen the legal coverage for all Barclays Bank’s business in North America and South America – through a team of around 170 lawyers and paralegals – which include Barclays Corporate and Investment Banking (formerly known as Barclays Capital) and Barclaycard.

Crowl will start with UBS in July, with interim head Brent Taylor set to return to his role as head of legal for the bank’s wealth management and investment solutions, reporting to Crowl.

caroline.hill@legalease.co.uk

Legal Business

Bonus time: four months on, Barclays GC Hoyt gets £700k in shares in reduced round of payouts

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He may have only replaced Mark Harding late last year but Barclays‘ recently appointed group general counsel Bob Hoyt has been awarded more than £700,000 in shares just four months into the role.

Following 2013’s controversial bonus round, the bank announced yesterday (18 March) that it is rewarding 12 of its top executives almost £32m in shares. This total is around 20% less than last year, when the bank paid out £40.2m in shares to nine of its executives.

The award saw Hoyt handed 302,596 in shares valued at 232.59p each, worth £703,808. From this, Hoyt sold 142,221 shares at 231.85p per share, equating to just over £329,739 to meet tax liabilities.

The largest payout was made to US chief Hugh ‘Skip’ McGee, who was given more £8.87m in shares, followed by co-chief executive of corporate and investment Eric Bommensath, who was awarded £8.6m, while chief executive Antony Jenkins received shares worth £3.82m.

Hoyt joined Barclays in October 2013 from PNC Financial Services Group, after a search to fill the big shoes of Harding, who announced plans to leave in February. By way of comparison, Harding received a huge £3.7m in shares under a long term incentive plan at 308.1p each for a total of 1.224m shares.

Barclays has attracted much criticism for boosting its 2013 total bonus pool despite its profits shrinking by 32% to £5,167m before tax, and an overall 4% reduction in income in 2013.

Last year, it began the biggest capital raising by a UK bank since 2009, on which Clifford Chance, Sullivan & Cromwell and Freshfields Bruckhaus Deringer  led on the initial £5.8bn issue, as the bank aimed to plug a £12.8bn funding gap.

In 2012, the Financial Conduct Authority (FCA) fined Barclays Bank £59.5m for misconduct relating to the London Interbank Offered Rate (LIBOR) and the Euro Interbank Offered Rate (EURIBOR) – the second largest fine since 2011.

Jaishree.kalia@legalease.co.uk