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.

Know Your GDPR: self-reporting and enforcement considerations for contentious regulatory lawyers

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

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ASIC’s new Chairman promotes ASIC’s enforcement record and outlines his proposed approach to steadying the ship in choppy waters

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

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Market abuse controls: Global approaches vs. local requirements – which one wins?

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

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The SEC Enforcement Landscape: What to Watch in 2018

Kurt Wolfe

Last year was something of a transitional year at the U.S. Securities and Exchange Commission (“SEC” or the “Commission”) and changes are now taking shape that will figure prominently on the SEC enforcement landscape in the coming year. Among them are the influence of new leadership, new enforcement priorities and programs, and new case law. Read More

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‘The more serious the allegation, the more cogent the evidence must be’: The UK FCA receives a reminder from the Court of Appeal

Sarah Hitchins

In a judgment handed down just before Christmas, the UK Court of Appeal took the opportunity to remind the UK Financial Conduct Authority (the FCA) that the more serious the allegation it makes about the conduct of a subject, the more cogent the evidence must be in order to overcome the ‘inherent improbability’ that it Read More

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