Welcome to our Litigation 2024 Year in Review and 2025 Outlook. In this report, we examine the legal trends that have shaped the commercial landscape in Europe and the UK and explore how these developments are likely to...more
2/11/2025
/ Arbitration ,
Class Action ,
Competition ,
Contract Disputes ,
Corporate Governance ,
Cryptocurrency ,
Data Privacy ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
Financial Institutions ,
Insolvency ,
Litigation Strategies ,
Mergers ,
Regulatory Reform ,
UK ,
Whistleblower Protection Policies ,
Whistleblowers
The regulator has significantly rowed back on aspects of the proposals following industry and government feedback.
On 28 November 2024, the FCA published revised proposals for announcing enforcement investigations....more
The data provides important insights to assist firms with their ongoing work in this area.
On 25 October 2024, the FCA published the results of a survey on non-financial misconduct it undertook earlier in the year...more
10/28/2024
/ Corporate Misconduct ,
Data Collection ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Financial Services Industry ,
Harassment ,
Insurance Industry ,
Remuneration ,
Sexual Harassment ,
Surveys ,
UK ,
Whistleblowers ,
Workplace Violence
Proposed rule would be implemented by statute and would give primacy to parties’ choice of governing law and jurisdiction.
There is at least a tentative consensus in English law that cryptocurrencies and other digital...more
The Sexism in the City report highlights key issues affecting women in financial services and sets out a number of recommendations to address them.
On 8 March 2024, the House of Commons Treasury Committee published its...more
3/15/2024
/ Banking Sector ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Policies ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Financial Services Industry ,
Information Reports ,
Pay Equity Laws ,
Pay Gap ,
Prudential Regulation Authority (PRA) ,
Sexual Harassment ,
UK
The FCA plans to streamline its approach to enforcement and publicise investigations at an early stage.
On 27 February 2024, the FCA published a Consultation Paper (CP24/2) on its proposed new approach to publicising...more
Welcome to our London Litigation Year in Review and 2024 Outlook. In this report, we examine the litigation trends that shaped the commercial landscape in 2023 and look at how these developments are likely to play out in the...more
1/19/2024
/ Antitrust Litigation ,
Artificial Intelligence ,
Banking Sector ,
Criminal Investigations ,
Cryptocurrency ,
Cybersecurity ,
Data Privacy ,
Environmental Social & Governance (ESG) ,
Financial Institutions ,
Shareholder Litigation ,
White Collar Crimes
For parties to securities claims, a recent ruling clarifies that representative actions under CPR 19.8 do not oust the High Court’s jurisdiction to case manage such claims.
The Commercial Court has struck out the first...more
A recent ruling confirms judicial discretion to stay proceedings and instruct parties to seek non-court-based alternatives to litigation.
The UK Court of Appeal has ruled that the court has the authority to stay...more
The FCA’s long-awaited regime seeks to raise standards, increase consumer understanding, and reduce instances of greenwashing.
On 28 November 2023, the FCA published its Policy Statement (PS23/16) containing final rules on...more
The FCA and the PRA have published their long-awaited consultations which aim to formalise how firms approach diversity and inclusion.
On 25 September 2023, the FCA and the PRA published separate but related consultation...more
10/2/2023
/ Compliance ,
Compliance Monitoring ,
Consultation ,
Corporate Governance ,
Disclosure Requirements ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Proposed Regulation ,
Prudential Regulation Authority (PRA) ,
UK ,
Willful Misconduct
The Court held that banks do not owe this duty to customers deceived into instructing their banks to transfer money to fraudsters.
On 12 July 2023, the UK Supreme Court handed down its highly anticipated judgment in...more
Changing market dynamics have led buyers to assess available options to address post-closing target company issues.
Amid the buoyant market of 2021 and early 2022, compressed deal timelines and frenzied competition...more
5/12/2023
/ Acquisitions ,
Commercial Insurance Policies ,
Contract Disputes ,
Contract Terms ,
Due Diligence ,
Financial Statements ,
Fraud ,
Indemnity Insurance ,
Insurance Claims ,
Mergers ,
Post-Closing Rights ,
Risk Assessment ,
Target Company ,
Warranty Insurance
The US decision reminds UK companies and their officers to identify and report red flags about misconduct in the workplace.
Certain shareholders of McDonald’s Corporation (the Company) sued David Fairhurst, the Company’s...more
3/7/2023
/ Corporate Culture ,
Corporate Officers ,
Delaware General Corporation Law ,
Fiduciary Duty ,
McDonalds ,
Oversight Duties ,
Responsible Person Liability ,
Shareholder Litigation ,
Shareholders ,
UK ,
Willful Misconduct
Many sectors, including financial services, have encountered a discernible increase in whistleblows in recent times — a trend that shows no signs of abating. Indeed, some whistleblowers have seen fit to publicise their...more
PE firms face growing regulatory and litigation risks from greenwashing claims as they navigate a fragmented anti-greenwashing landscape.
Amid concerns of exaggerated or misleading sustainability claims, the UK Financial...more
1/30/2023
/ Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Financial Conduct Authority (FCA) ,
Greenwashing ,
Investors ,
OECD ,
Portfolio Companies ,
Private Equity ,
Private Equity Firms ,
Reputation Management ,
Risk Alert ,
Sponsors ,
Sustainability ,
Sustainable Business Practices ,
UK
The FCA stated that the perpetrator’s character is key to non-financial misconduct investigations, which suggests a mismatch with recent case law.
In last year’s Frensham case, the Upper Tribunal considered how relevant...more
The FCA’s latest report into D&I highlights the need for additional metrics, social mobility, firm culture, staff development, data quality, and systematic strategies.
In 2021 and 2022, the FCA carried out a survey of...more
The FCA has long since regarded non-financial misconduct as potentially relevant to the integrity and reputation elements of a regulated individual’s fitness and propriety. While not formally defined, non-financial misconduct...more
UK companies should be aware of the increasing focus on corporate culture by regulators on both sides of the Atlantic.
In a recent speech that has garnered significant attention, US Deputy Attorney General Lisa Monaco...more
11/8/2021
/ Anti-Corruption ,
Chief Compliance Officers ,
Compliance ,
Compliance Monitoring ,
Cooperation ,
Corporate Crimes ,
Corporate Culture ,
Department of Justice (DOJ) ,
Environmental Social & Governance (ESG) ,
Financial Conduct Authority (FCA) ,
Foreign Corrupt Practices Act (FCPA)
Creative Uses of Collateral Present New Financing Opportunities for PE -
Raising fresh capital for portfolio companies in times of financial stress is always a delicate balancing act between attracting new lenders and...more
3/18/2021
/ Balance Sheets ,
Capital Raising ,
Collateral ,
Coronavirus/COVID-19 ,
Financing ,
Gaming ,
Initial Public Offering (IPO) ,
Investors ,
Private Equity ,
Private Equity Firms ,
Share Classes ,
Target Company ,
Venture Capital ,
Video Games ,
Whistleblowers
In a changing social landscape, PE firms should conduct corporate culture due diligence while also ensuring the implementation of robust complaints procedures. As global businesses react to the pandemic and social movements,...more
This article explores whether culture-oriented organisations may be missing an important trick by effectively overlooking the potential real-time interventional role of employees who observe a colleague’s inappropriate...more
Culture has become a point of focus for regulators and corporate stakeholders. The UK Financial Conduct Authority has taken a particular interest in culture and conduct within the financial services sector following the...more
The Court of Appeal decision, which considered standard form wording and the “mandatory” nature of US sanctions laws, upholds a High Court ruling exempting a borrower’s non-payment of interest, albeit on different...more