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Welcome to Allen & Overy’s Investigations Insight blog, sharing with you our views and insights into the latest trends, risks and developments in financial services investigations
05 July 2017 Justin Ormand
The Supreme Court made clear this past Monday that there’s no room for hesitation in pursuing claims for securities law violations. In a 5-4 decision, the Court held in California Public Retirement System v. ANZ Securities (CalPERs) that the three year deadline for filing claims under Section 11 of the Securities Act of 1933 is › Read More
03 July 2017 Sarah Hitchins
The UK Senior Managers and Certification Regime (the SMCR) has been in force now for well over a year. What challenges have firms have been facing? What are the issues that have caused firms most concern? In the first of a series of blog posts, we will be looking at issues that firms have been › Read More
29 June 2017 Kurt Wolfe
The U.S. Supreme Court recently ruled, in Kokesh v. SEC, that a five-year statute of limitations applies to claims for disgorgement in SEC enforcement proceedings. It is an important decision that is likely to impact the SEC’s enforcement program, particularly in Foreign Corrupt Practices Act (FCPA) cases. Below, we suggest five changes that are likely to › Read More
28 June 2017 Blair Keown
The Consumer Rights Act 2015’s (the Consumer Rights Act) introduction of a regime in the United Kingdom (UK) for opt-in and opt-out collective proceedings has been well publicised. The availability of a procedural mechanism through which private competition law claims can be pooled and pursued by an authorised representative may well heighten the litigation risk › Read More
08 June 2017 Rebecca Delfiner
When is a penalty a “penalty,” and why does it matter? The question is whether SEC-mandated disgorgement of illicit profits is a “penalty” under the law, and the decision is Kokesh v. SEC. Why do we care? A “penalty” is subject to a five-year statute of limitations under 28 U.S.C. §2462. Per a unanimous panel, › Read More