The controversial new requirement for all in-scope Payment Service Providers (“PSPs”) to reimburse victims of Authorised Push Payment (“APP”) fraud are due to be introduced from 7 October 2024. This is a significant change...more
8/21/2024
/ Compliance ,
Crime Victims ,
Financial Services Industry ,
Fraud ,
HM Treasury ,
New Rules ,
Payment Systems ,
Reimbursements ,
Reporting Requirements ,
UK ,
UK Payment Systems Regulator
Imagine this – a customer submits a payment instruction directing that all their life savings are transferred to a third-party account for the purposes of an investment. What do you do? While the scenario may appear...more
2/15/2024
/ Banking Sector ,
Financial Conduct Authority (FCA) ,
Financial Crimes ,
Financial Services Industry ,
Fraud ,
Ombudsman ,
Payment Processors ,
Payment Systems ,
Reimbursements ,
Scams ,
UK
We are defending financial institutions from multiple claims for breach of the so called Quincecare duty and have seen claimant law firms increasingly seek to expand the scope of the duty to try to make financial institutions...more
Welcome to Banking Bites! This is our short summary flagging some key developments in your sector that we hope will inform your activities in your market....more
11/10/2022
/ Anti-Fraud Provisions ,
Anti-Money Laundering ,
Banking Sector ,
Business Interruption ,
Commercial Court ,
Coronavirus/COVID-19 ,
Cryptoassets ,
Disparate Impact ,
Economic Sanctions ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Financial Stability Board ,
Fraud ,
Greenwashing ,
Imports ,
Liquid Natural Gas ,
NYDFS ,
Russia ,
Trade Restrictions ,
UK ,
UK Parliament ,
Ukraine
Welcome to Banking Bites! This is our short summary flagging some key developments in your sector that we hope will inform your activities in your market....more
10/21/2022
/ Anti-Money Laundering ,
Bank of England ,
Climate Change ,
Economic Sanctions ,
EU ,
FDIC ,
Financial Services Industry ,
Foreign Investment ,
NY Supreme Court ,
Pending Legislation ,
Risk Mitigation ,
Russia ,
UK
Welcome to Banking Bites! This is our short summary flagging key developments in the UK that we hope will inform your activities in your market....more
9/22/2022
/ Banking Sector ,
Change in Control ,
Cryptoassets ,
Dear CEO Letter ,
Diversity and Inclusion Standards (D&I) ,
Final Rules ,
Financial Conduct Authority (FCA) ,
Payment Protection Insurance ,
Reporting Requirements ,
UK ,
UK Supreme Court ,
Unfair Contract Terms
New High Court case considers nature and scope of the Quincecare duty -
In June, the Court of Appeal expanded the scope of a bank’s duty of care to protect its customers from fraud to encompass instructions by those other...more
6/21/2022
/ Bank of England ,
Banks ,
Civil Monetary Penalty ,
Climate Change ,
Criminal Liability ,
Duty of Care ,
Economic Sanctions ,
EU ,
European Commission ,
Financial Accounting ,
Fraud ,
Insurance Industry ,
Member State ,
Money Laundering ,
Office of Financial Sanctions Implementation (OFSI) ,
Payment Systems Regulator (PSR) ,
Prudential Regulation Authority (PRA) ,
Risk Factors ,
Russia ,
Third-Party Service Provider ,
UK ,
UK Regulatory Reforms
Privy Council rules against extension of the Quincecare duty -
Does a bank owe a duty of care to a person who is the beneficial owner of funds held in the account of a customer of the bank and who has been defrauded by...more
5/31/2022
/ Beneficial Owner ,
Cybersecurity ,
Duty of Care ,
Economic Sanctions ,
Enforcement Actions ,
EU ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Know Your Customers ,
Payment Systems ,
Privileged Communication ,
UK
The FCA has published a public censure against an AIM company, Redcentric PLC (“Redcentric”), for committing market abuse by publishing false information about its debt and cash positions. As an IT firm providing services...more
Mr Justice Andrew Baker has dismissed a Norwich Pharmacal claim brought by litigation funder Burford Capital Limited against London Stock Exchange, in which it sought the disclosure of the identities of market participants...more
Under the Senior Managers and Certification Regime (“SMCR”), firms are required to identify and report to the FCA any instances of disciplinary action taken in relation to conduct that would amount to a breach of one of the...more
2/10/2020
/ Artificial Intelligence ,
Banking Sector ,
Blockchain ,
Bribery ,
Cartels ,
Corporate Governance ,
Corporate Misconduct ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Financial Services Industry ,
Hong Kong Securities and Futures Commission (HKSFC) ,
Insurance Industry ,
Payment Systems ,
Risk Management ,
SMCR ,
Technology ,
UK ,
United Arab Emirates (UAE) ,
Whistleblower Protection Policies
The National Crime Agency’s use of the Unexplained Wealth Order regime has also created high profile headlines exposing lavish spending habits of individuals whose wealth is unexplained. It is this political focus, along with...more
Anti-Corruption enforcement remained a top priority in France, the UK, and the US in 2018. Join our firm's Global Anti-Corruption Team as they explain and analyze these three countries' anti-corruption enforcement efforts and...more
12/20/2018
/ Alstom ,
Anti-Bribery ,
Anti-Corruption ,
Bribery ,
Chief Compliance Officers ,
Civil Monetary Penalty ,
Compliance ,
Cooperation ,
Corruption ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
France ,
KBR (formerly Kellogg Brown & Root) ,
Petrobras ,
Risk Management ,
Siemens ,
Teva Pharmaceuticals ,
UK ,
Voluntary Disclosure ,
White Collar Crimes
On July 5, 2018, the SEC and the Department of Justice announced that Credit Suisse Group AG, has agreed to pay nearly $76 million to settle charges that its Hong Kong-based subsidiary, Credit Suisse (Hong Kong) Limited,...more
No matter the industry, maintaining effective corporate compliance programs has never been a more essential part of operations to address the legal risks that corporates face. This article, the third in a series about...more
5/22/2018
/ Chief Compliance Officers ,
Compliance ,
Corporate Governance ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
France ,
Non-Prosecution Agreements ,
Risk Assessment ,
Risk Management ,
Sapin II ,
Serious Fraud Office (SFO) ,
UK