The Standard Formula Podcast | Insurers in Difficulty: Staying Compliant Under Solvency II
Fintech Focus Podcast | Managing a Workforce in a Regulated Environment
Fintech Focus Podcast | Growing a Workforce in a Regulated Environment
The Standard Formula Podcast | Dissecting the Solvency Capital Requirement
The Standard Formula Podcast | Investment Rules for Insurers and Reinsurers
Fintech Focus Podcast | Are Regulators Dictating Fintech Deal Terms?
The Standard Formula Podcast | Understanding the UK’s Matching Adjustment Regime
The Standard Formula Podcast | Group Supervision Under Solvency II
Fierce Competition Podcast | Letter From London: The Rise of UK Class Actions and the Competition Appeal Tribunal
The Standard Formula Podcast | Developments on the Horizon for the UK Change-in-Control Regulatory Regime
JONES DAY TALKS®: Class Actions Worldview Guide: Part 1–The United States and European Union
Season 2 Episode 5- Defense Trade Down Under
Cornerstone Research Connects: The CAT Judgment in Trucks
The Standard Formula Podcast | The Edinburgh Reforms: Big Bang 2.0 or Thoughtful Change?
Life with GDPR - The ABB Enforcement Action from a UK Perspective
Life with GDPR - Changes to UK Data Protection Regime
Life with GDPR - Clearview AI Fine by the ICO
The UK GDPR Children’s Code
Life with GDPR - Data Transfers from EU/UK to US
The Compliance Kitchen - UK’s Second Wave of Sanctions on Russia
HM Treasury has published a policy note and a draft statutory instrument—The Payment Services (Amendment) Regulations 2024—on a risk-based approach to payments to mitigate against authorized push payment fraud. HM Treasury...more
Authorised push payment (APP) fraud in the UK is the largest type of payment fraud, both in number of scams and value of losses. It involves a fraudster convincing someone to send a payment to a bank account that the...more
Authorised Push Payment (“APP”) fraud, where victims are tricked into authorising payments to fraudsters, resulted in losses of £485.2m in 2022 and is reported to have risen by 22% in 2023. With consumer protection laws...more
In the much-anticipated decision of Philipp v Barclays Bank UK PLC [2023] UKSC 25 (the “Decision”), the UK Supreme Court (the “Court”) rejected the contention that Barclays Bank UK Plc (the “Bank”) owed a duty to its customer...more
On 12 July 2023, the UK Supreme Court delivered a landmark decision on the so-called “Quincecare duty” owed by banks to their customers. In a unanimous judgment in favour of Barclays Bank, the UK’s highest Court held that...more
In Philipp v Barclays Bank UK PLC, the UK Supreme Court has given unanimous judgment in favour of Barclays Bank, and provided clear guidance on the so-called ‘Quincecare duty’ owed by banks to their customers. White & Case...more
Who can be held responsible when a rogue actor directs payment from a company’s bank account? Unless discovered quickly, stolen funds are usually quickly spirited away from easy recovery. Victims of fraud therefore look for...more
...Since the start of the invasion of Ukraine by Russian forces on February 24, the United States (U.S.), United Kingdom (UK), and the European Union (EU) have led a global sanctions campaign against Russia that has been...more
What is the scope of banks’ duties to customers in executing their customers’ instructions? In particular, what are banks’ duties if the instruction is the instrument of fraud? Earlier this month, the Court of Appeal...more
In Philipp v Barclays Bank UK PLC, the Court of Appeal held that the Quincecare duty may apply to direct customer instructions (not just those through an agent), such that banks may be liable for failing to protect against...more
NatWest’s fraudulent “spoofing” schemes occurred in the primary and secondary markets for U.S. Department of Treasury Securities, including derivatives that tracked the prices of U.S. Treasury Securities for 5-year, 10-year...more
This summary is part of our regular reporting of trends and developments related to investigations and enforcement activity into fraud, corruption, and other misconduct by authorities in the United States and the Americas and...more
A good question: When is a financial institution “put on inquiry”? Our Litigation Group examines new cases that could require UK banks to better investigate their customers’ transactions for fraud and other threats....more
PIs and EMIs: HM Treasury consults on a new special administration regime - HM Treasury is consulting on proposed insolvency changes for payment institutions (PIs) and electronic money institutions (EMIs), including a...more
On 21 July 2020 the National Crime Agency (“NCA”) released its Annual Report and Accounts 2019-20 (“the Report”). The Report outlines financial information and other data, and provides a snapshot of the NCA’s performance and...more
In Singularis Holdings Ltd (In Official Liquidation) v Daiwa Capital Markets Europe Ltd ([2019] UKSC 50), the Supreme Court upheld the first successful claim in negligence by a customer of a financial institution for breach...more
Case: Pantiles Investments Ltd & Anor v Winckler [2019] EWHC 1298 (Ch) (23 May 2019) - A recent decision of the English High Court (the “Court”) has found a director guilty of fraudulent trading under s. 213 Insolvency Act...more
In a decision handed down last week, Jofa Limited and Joseph Farah v Benherst Finance Limited and Chestone Industry Holding [2019] EWCA Civ 899, the Court of Appeal considered the rules regarding the costs of applications for...more
The Global Restructuring and Insolvency Developments team of BCLP presents this very concerning opinion for any financial institution that operates in the United Kingdom. Specifically, in Singularis Holdings Ltd (in Official...more
Activist investor Carl Icahn has taken a sizeable stake in Bristol-Myers Squibb, a move that reportedly caught execs at the drugmaker unawares and sets the stage for a potential sale....more
In the global criminal and regulatory enforcement arena, robust enforcement actions against multinational companies are likely to continue worldwide in 2015. In North and South America, Europe and Asia, with criminal...more