Unstoppable: The Risk Report

Unstoppable: The Risk Report

Our debut risk management and professional indemnity report with broker Marsh in February 2008 featured a timid segue into an unfamiliar topic. We suggested that neither were ‘glamorous subjects’, while observing that firms were ‘thinking harder than ever’ about how to mitigate risks. A necessary evil, if you will.

The risk landscape portrayed then – six months before Lehman Brothers was to collapse – still has a familiar ring: ‘When things are going well, as was the case from 2003 to mid-2007, resources are stretched and clients want every deal done yesterday. Throw in an overheated recruitment market in which the firm that blinks misses out, and the competitive pressure of having to race into every new, emerging market and firms could be forgiven for never thinking about their professional indemnity at all.’ Continue reading “Unstoppable: The Risk Report”

Ex-Slaughters corporate veteran Randell appointed chair of FCA

Ex-Slaughters corporate veteran Randell appointed chair of FCA

After an eminent career in later years dominated by picking up the pieces of the post-Lehman world, former Slaughter and May corporate veteran Charles Randell has been appointed chair of the Financial Conduct Authority (FCA).

Randell, who is currently an external member of the Prudential Regulation Committee of the Bank of England, will take up the role on 1 April for a five-year term, overseeing the City’s primary regulatory agency. He replaces outgoing chair John Griffith-Jones, a veteran accountant best known for running KPMG’s UK business. The role, which is contracted for three days a week, is one of the most prominent positions in public life to have been handed to a former City lawyer. Continue reading “Ex-Slaughters corporate veteran Randell appointed chair of FCA”

Under the sword

Under the sword

Tom Baker assesses attempts to revive the flagging Serious Fraud Agency amid a fractious political debate

It is fair to say that David Green QC took over the Serious Fraud Office (SFO) in 2012 at what was, even for the frequently beleaguered agency, a low ebb. The good news is the consensus among hardened white-collar crime specialists is that the veteran silk has had considerable success turning around a body derided as toothless and operationally slack. The bad news is that the biggest remaining sceptic of the SFO happens to be the prime minister, with Theresa May having gone into this year’s general election with the pledge to disband the agency, rolling it into her own creation, the National Crime Agency (NCA). Continue reading “Under the sword”

Global cartel fines drop substantially in first half of 2017 but market collusion and sanctions remain ‘cyclical’

Global cartel fines have decreased significantly in the first half of 2017 with worldwide fines totalling $1.2bn, on track to be significantly lower than 2016 which counted fines of $7.8bn according to Morgan, Lewis & Bockius’ latest midyear cartel report.

The report, however, which covers 70 countries, may not signify an overall drop in cartels investigations or cases, which Morgan Lewis partner Omar Shah said remain in an ‘active pipeline’ and are ‘cyclical.’ Continue reading “Global cartel fines drop substantially in first half of 2017 but market collusion and sanctions remain ‘cyclical’”

White & Case and SullCrom advise as Deutsche Bank fined over £500m for money laundering claims

White & Case and Sullivan & Cromwell have advised Deutsche Bank as Germany’s largest lender has been fined £500m by the Financial Conduct Authority (FCA) and the New York’s Department of Financial Services over money laundering claims. Continue reading “White & Case and SullCrom advise as Deutsche Bank fined over £500m for money laundering claims”

Too big to fail? The battle to keep ring-fencing reforms on track

Envisaged in the wake of the financial crisis, ring-fencing reforms will tie up banks and legal advisers for years. Legal Business asks if the process is on track

Experienced financial regulation partner Bob Penn, who moved to Cleary Gottlieb Steen & Hamilton last year and advised HSBC on the controversial bank ring-fencing reforms while at Allen & Overy (A&O), is clear on whether those reforms are fit for purpose. ‘This is a hugely unwelcome and disruptive process, and frankly yet another distraction from running a profitable bank at a time when they are already facing a cascade of regulatory reform and the prospect of Brexit.’

Continue reading “Too big to fail? The battle to keep ring-fencing reforms on track”

The business and human rights debate: The new judges

With new legislation putting human rights on the business agenda, we teamed up with Herbert Smith Freehills to gather lawyers and experts from a range of industries to debate the key issues

In our recent Insight report on business and human rights (see Soft law, hard sanctions – Human rights laws and the next risk front facing business) – published in September in association with Herbert Smith Freehills – we noted how the arrival of the Modern Slavery Act (MSA) in the UK in 2015 has crystallised the groundswell of awareness of the human rights concerns in business. We heard from in-house human rights experts how the debate over the last 15 years had moved beyond a vague concept to which lip service had been paid to become a bona fide business consideration, combining legal liability with potentially devastating reputational risk.

Continue reading “The business and human rights debate: The new judges”

Preparing for the worst: legal costs spike as FTSE 100 sets aside £31bn

With corporate counsel consistently burdened by onerous cost constraints levied by their executive, the pressure to deliver efficiencies in-house may prove greater than ever. Newly-released data shows FTSE 100 companies have set aside £31.3bn in the last year for legal provisions, a rise of 22% from £26.5bn the year before.

Continue reading “Preparing for the worst: legal costs spike as FTSE 100 sets aside £31bn”

Costs of capital – senior counsel discuss hard lessons from the post-Lehman clampdown

With regulatory focus on financial services business unrelenting, effective risk management strategies are vital. We teamed up with Cornerstone Research to assess the challenges

Nine years ago, the financial services world began undergoing seismic changes with the onset of the credit crunch that have left the industry where it is today. The aftermath led to repeated overhauls of regulation, to the extent that none are certain what the endgame might be, particularly with significant new regulation such as Basel IV being widely spoken of.

Continue reading “Costs of capital – senior counsel discuss hard lessons from the post-Lehman clampdown”

Banking on change: bonuses still centre stage

Tapestry’s Janet Cooper on regulatory developments affecting pay in financial services.

Since 2009, regulators around the world have been issuing regulations and guidance on how and what employees in financial services firms should be paid. For lawyers working in the area, staying on top of the changes is challenging; making sense of them and applying them in a global context is complex.

Continue reading “Banking on change: bonuses still centre stage”