Banking Litigation & Regulation Forum 2019
Jumeirah Carlton Tower | London SW1
Thursday 13 June 2019
8:00 AM - 9:00 AM | Registration
8:50 AM - 9:00 AM | Welcome from the Co-Chairs
9:00 AM - 9:30 AM | Opening Keynote: Q&A Interview With The Rt. Hon. Dame Elizabeth Gloster DBE, PC
9:30 AM - 10:15 AM | The Final Scene of Butch Cassidy and the Sundance Kid…What Do We See Out There?
There can be litte doubt that the future for banking litigation and regulatory enforcement will involve an increase in complexity and cost, against the backdrop of a turbulent geo-political landscape and major shifts in markets.
Litigation risks and regulatory investigations will continue to renew themselves likely become more widespread across the financial services sector and litigation war chests will need to be replenished to cover the costs of disputes, funded class actions and regulatory fines.
This interactive session, which includes insights from a prominent economist as well as the client and practitioner perspectives, will look at what we have learned from the last 10 years of post - crisis litigation, and will horizon scan for the major issues and challenges that the industry and its lawyers will have to tackle over the coming period.
Jonathan Kelly, Partner, Cleary Gottlieb Steen & Hamilton
Andrew Smith, Former Chief Economist, KPMG
Deborah Finkler, Partner, Slaughter and May
Lawrence Domingo, Director and Litigation Counsel, Citi
Stephen Kingsley, Former Senior Managing Director, FTI Consulting
10:15 AM - 10:55 AM | The Fight Against Financial Crime
Preventing and detecting financial crime is evolving to be a primary challenge in 2019, the impact of which extends well beyond monetary losses to reputation and brand, employee morale, business relations, as well as regulatory censure.
Recent cases from the past year have shown us that regulators are increasingly focusing not only on whether processes are followed, but also on the quality of judgments. So when it comes to your financial crime priorities for the year ahead, what activities are at the top of your agenda? Attend this session for a high-level update on the current trends and challenges, including:
- Emerging trends in cross border investigations, including the extraterritorial impact of S.2 notices
- Examining the impact of the Law Commission’s review on AML and the inter-relationship of proceeds of crime and suspicious activity reporting
- Current and proposed collaborative working practices between banks and law enforcement agencies
10:55 AM - 11:15 AM | Networking & Refreshment Break
11:15 AM - 11:55 AM | Regulatory Investigations – Balancing Privilege with Enforcement Engagement
- How will decisions that you make at an early stage of an investigation impact litigation further down the line?
- What are senior employees to do if called in to assist with an internal investigation? In particular, how will the Senior Managers Regime impact on the employer’s ability to secure co-operation from its senior employees who are potential witnesses of fact but may also have on their exposure
- What are the practical implications of the ENRC Court of Appeal decision on privileged and other recent cases?
12:00 PM - 12:50 PM | Breakout sessions
A) Managing mental health issues within your legal team: The role of senior managers
This session will focus on the role that Heads of Legal and Practice Group Heads should play in increasing awareness of the first signs or symptoms of mental health issues and then proactively help affected colleagues and team members. With over one billion people said to be suffering from a mental health disorder worldwide, this problem cannot be ignored. What measures can be taken to ensure appropriate support is given, to eradicate stigma and ensure that lawyers have the self-awareness and confidence to seek help where needed.
Markus Lang, Global Head of Wealth, Legal, Deutsche Bank
Elizabeth Rimmer, CEO, LawCare
David McCahon, Global Head of Commercial, Innovation and Technology Legal, Barclays
Samantha Brown, Head of Pensions, Herbert Smith Freehills
Simon Berger, Founder & CEO, IM2 Group
B) Payment & recovery of cost in banking litigation
- Fixed costs recovery
- Before the event and after the event insurance
- Conditional fee agreements
- Discounted additional fee agreements
- Damages based agreements
12:50 PM - 1:45 PM | Lunch & Networking Break
1:45 PM - 2:15 PM | Afternoon Keynote: Q&A Interview With Sir David Green, Former Director, Serious Fraud Office
2:15 PM - 2:55 PM | Exercising Contractual Discretion in the Banking and Finance sector
There have been a series of recent cases addressing the Braganza duty, but still a large amount of uncertainty about what amounts to contractual discretion.
- Is a “choice” the same as a discretion?
- How should the exercise of so-called “absolute contractual rights” be exercised?
- What are the limits on the exercise of discretion?
This session will examine the recent cases and developments with insight from judges who have helped to shape this area of law.
Edwin Peel, Professor of Contract in the Oxford University Law Faculty
The Hon. Mr Justice Robin Knowles CBE
Ewan McQuater QC, Barrister, 3VB
Christa Band, Partner, Linklaters
Sponsored by 3 Verulam Buildings
2:55 PM - 3:45 PM | Breakout Sessions
A) Understanding and Dealing with Difficult People
This interactive break out session, will take participants through the tools necessary to deal with challenging individuals during the litigation process. As a lawyer, how should you treat and respond to such witnesses and claimants?
Daisy Levay, Managing Director and Head of Corporate Legal, Nomura
Karl Mackie, Founder President and Mediator, Centre For Effective Dispute Resolution
Josie Cox, Journalist and Communications Consultant
Andrew Williams, Former Global Head of Compliance and Former General Counsel, UBS
B) Retail Banking and Competition
This session will focus on the key developments and cases affecting the retail banking sector, with a particular focus on trends arising out of competition law.
C) Group Actions and Litigation Funding
With group litigation on the rise, gain understanding of the appetite of funders, the cases they are interested in and the current UK trends. How can you minimise the costs and risks associated with group actions, and how should these groups be best managed?
James Oldnall, Partner, Mishcon de Reya
Lucy Pert, Partner, Hausfeld
Nicola Chesaites, Partner, Quinn Emanuel Urquhart & Sullivan
Sponsored by Mishcon de Reya
3:45 PM - 4:00 PM | Networking & refreshment break
4:00 PM - 4:45 PM | How To Secure Your Data Protection Strategy for 2020: Is Cloud Compliance The Answer To More Effective Risk Management?
There is a massive take up by the commercial world (80% of the top 250 FTSE) with trends towards making information governance, data security and cloud compliance central to the legal function to manage the risk and crisis management tasks loaded on to them by the business. Financial institutions need to understand not just how to prevent, but also how to react to these changes.
This session will provide some useful tools and tips on how to protect data and put in the appropriate prevention measures in order to protect the company's reputation.
- An update on the best technologies for improving your data management, governance and security
- How does this impact your crisis management plan?
- Discussing the benefits of cloud adoption for legal business process
- Understanding the potential liabilities and risks of a data breach/cyber-attack on your data security
- The impact of GDPR on your data protection strategy
4:50 PM - 5:20 PM | PechaKucha: Updates on the Law- The Latest Cases and Concerns
Join this high-octane session as the speakers are battling against auto advanced slides and the clock in order to brief you on the most important banking litigation cases of the past 12 months. Ready, set, go... 20 seconds a slide for 6 minutes.
Bobby Friedman, Barrister, Wilberforce Chambers