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 little doubt that the future for banking litigation will involve an increase in complexity and cost, against the backdrop of a turbulent geo-political landscape.
Regulatory investigations will likely become more widespread across the financial services sector and litigation war chests will need to be replenished to cover the cost of disputes, funded class actions and regulatory fines.
This interactive session, which includes insight from a prominent economist, will look at the Ten Commandments, which litigators would be well advised to follow if they are to combat future legal and compliance risk at a strategic and operational level. Be prepared to take notes!
Jonathan Kelly, Partner, Cleary Gottlieb Steen & Hamilton
Deborah Finkler, Partner, Slaughter and May
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 agencie
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?
11:55 AM - 12:45 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 learning increase 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, DWS, Deutsche Bank
Elizabeth Rimmer, CEO, LawCare
David McCahon, Global Head of Commercial, Innovation and Technology Legal, Barclays
B) Adapt or die: The Impact of Technology on Banking Litigation
Gain an in-depth understanding on the latest technological developments and the litigation risk that arises from new technology – what strategies and protection should be put in place? Key topics will include:
- Online payment systems
- Blockchain and cryptocurrency
- Potential exposure and disputes arising from the use of AI on trading platforms
- Developments in technology and “Robo-advice” – understanding the liabilities
With whistleblowing being a focal point in 2018, what is on the horizon for 2019, including #metoo investigations?
Damien Bisseker, Managing Director, Head of Litigation EMEA, Credit Suisse
12:45 PM - 1:45 PM | Lunch & Networking Break
1:45 PM - 2:15 PM | Afternoon Keynote: Q&A Interview With 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
2:55 PM - 3:45 PM | Breakout Sessions
A) Understanding and Dealing with Difficult People
This interactive break out session, ran by an esteemed psychologist, 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, Head of Corporate Legal and Litigation, Nomura
B) Retail Banking and Competition
With profound changes in retail banking taking place, in particular with new regulation being imposed by the CMA, this interactive session will examine:
- The financial ombudsman jurisdiction: What does the extension mean for SMEs and banks?
- Reacting to claims and complaints
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
3:45 PM - 4:00 PM | Networking & refreshment break
4:00 PM - 4:35 PM | A Step-By-Step Guide to Responding to a Cyber-Attack
Financial Institutions need to understand not just how to prevent, but how to react to a cyber crisis. This session will take you through a theoretical attack, and the steps taken in its aftermath to manage the crisis, and save the company’s reputation
- Response in the first 48 hours – who should be involved?
- What is your incident response and crisis management plan?
- Understanding potential liabilities and reporting the attack
- Lessons from decided cases
- The Impact of GDPR on your data protection strategy
4:35 PM - 5:05 PM | The Aftermath: The ‘B’ Word
As the terms of the UK’s withdrawal from the EU are [negotiated], the regime for the recognition and enforcement of UK judgments within the EU in future is at present uncertain. A leading panel will analyse what practitioners need to know about tragic in the aftermath of March 29th.
- How to cope with uncertainty and opportunity in a Brexit world- the outlook for the transitional period, and beyond.
- The civil justice implications and disputes that will arise out of it
- Will banks be market or regulation driven?
- How are courts and tribunals in overseas jurisdictions responding to this change
5:05 PM - 5:30 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.
David Simpson, Barrister, 3VB
Joyce Arnold, Barrister, One Essex Court
Niamh Cleary, Barrister, Fountain Court
Bobby Friedman, Barrister, Wilberforce Chambers
Andrew Rose, Barrister, 4 Stone Buildings