Our experts can help you manage the risks of regulation
Regulation is an increasingly important fact of life for many businesses. To protect hard-won reputations and market positions, organisations need to manage the risks of operating in regulated environments. In addition, corporate and social responsibility (CSR) has come to the forefront of the business agenda and legal and regulatory risk management plays a key role here, too. We help our clients manage these risks.
We can help you navigate through the bewildering variety of regulators, each of which has different powers, a different statutory basis and different motivations for investigating business activity. We can advise on how to react if a regulator carries out a dawn raid, or demands an interview with your staff, or requires copies of documentation. We can help you review your procedures and internal reporting, so you can demonstrate to a regulator that you are up-to-date. We can provide proactive support to ensure you comply with the regulatory requirements of the key regulators.
Our integrated team of experts from across the firm has the expertise and knowledge to meet all of your regulatory needs:
There is an inescapable flow of new European legal and regulatory measures coming our way and which potentially affect the real estate and funds sector. View full briefing
UK competition reforms to create new “opt-out” class actions and encourage private actions for damages
Government proposals relating to private actions for competition damages will make it easier to bring actions in the UK and will introduce class actions.
Businesses will need to be aware of an increased likelihood of damages actions, and consumer groups and trade associations will be empowered to bring representative actions on behalf of their members. Victims of cartels will find it easier to bring more cost-effective actions in the UK.
View full briefing
The wait is over: AIFMD Implementing Regulation (finally) published
The wait is over. The European Commission published the implementing regulation (Regulation) for the Alternative Investment Fund Managers Directive (AIFMD) on 19 December 2012. Many of you have probably read it diligently over the festive break and are now perfectly placed to ensure your business is AIFMD-ready. No? Then this briefing will help summarise the key points. View full briefing
FSA consultation on implementing the AIFMD: the wait continues...
The FSA published the first of two consultation papers on implementing the Alternative Investment Fund Managers Directive (AIFMD). This briefing sets out more detail following our recent alert. View full briefing
New US regulation for funds with US investors that use swaps
Derivatives and swaps are often used by real estate funds in particular, as hedges to manage risks to which their businesses are exposed, most commonly as part of their borrowing arrangements. View full briefing
Externally published articles
Progress on Key Issues in the FSA Business Plan 2011/12
Every year, the Financial Services Authority (FSA) publishes its
business plan which outlines its key priorities for the coming
year. When the FSA published the Business Plan 2011/12 this
April, unlike other years there was also the additional challenge
of managing the regulatory reform agenda of dividing the FSA’s
responsibilities between the new regulatory authorities of the
Prudential Regulatory Authority (PRA) and the Financial Conduct
This article summarises a number of the issues raised by the FSA
in its latest Business Plan, and the subsequent steps that the FSA
has taken in relation to these issues, which relate to certain key
developments in compliance systems and obligations that will
be placed on firms.
First published in UK Financial Services Law, 22 December 2011 edition. Contributed by Adrian Brown and Sam Robinson View full briefing
FSA crack down on mis-marking: is your compliance monitoring up to scratch?
For the second time in two months the Financial Services Authority has taken action in relation to a trader mismarking
his positions. Last week the FSA prohibited Alexis Stenfors from performing any function in relation to any
regulated activity carried on by a regulated firm. The FSA has said it is likely to revoke the order after five years.
The prohibition order was imposed on Stenfors in relation to his deliberate mis-marking of positions on his trading
books while working as a trader on the short-term interest rate trading desk of the London branch of Merrill Lynch
International Bank, and the head of Scandi swaps trading at Merrill Lynch. View full briefing