Enforcement action
Set out below are thoughts from Allen & Overy’s market leading investigations team on issues relating to enforcement action taken by the FCA, as well as other regulators in the UK and overseas.
Instant Messaging Apps and Corporate Record Retention Policies: revised DOJ guidance for companies
26 March 2019 - Eugene Ingoglia
The U.S. Department of Justice (DOJ) has issued revised guidance regarding what records companies must retain to be eligible for full remediation credit under the FCPA Corporate Enforcement Policy. Previously, the Policy effectively required companies to ban the use of any ephemeral messaging applications which automatically delete data, such as WhatsApp and Wickr. The amended › Read More
FCA annual report 2017/18: Enforcement highlights
20 July 2018 - Sarah Hitchins
Yesterday afternoon the UK Financial Conduct Authority (the FCA) published its Annual Report. Alongside the Annual Report, the FCA also published its usual Enforcement Annual Performance Report (the Report), which sets out an overview of the FCA’s enforcement activities during 2017/18. Set out below are some of the key points highlighted by the Report. › Read More
Know Your GDPR: self-reporting and enforcement considerations for contentious regulatory lawyers
14 June 2018 - Stacey McEvoy
With the recent implementation of the General Data Protection Regulation, many financial services institutions are asking themselves what it may mean from a more traditional financial services regulatory perspective, particularly in terms of firms’ ever-present reporting obligations. A&O has recently published a detailed guide to the GDPR for Litigators which deals with questions relating to › Read More
29 May 2018 - Edward Einfeld
The new Chairman of the Australian Securities and Investments Commission (ASIC), James Shipton, has welcomed the work of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (Financial Services Royal Commission) and noted that many of the matters that have been raised have already been, or continue to be, the subject › Read More
Market abuse controls: Global approaches vs. local requirements – which one wins?
08 February 2018 - Sarah Hitchins
The UK FCA recently imposed a financial penalty of just over £1 million on an online brokerage firm for failing to have adequate controls to identify and report potential market abuse. Each of the FCA’s findings can be traced back to one root cause: reliance on a global approach to identifying and reporting market abuse, › Read More