Agenda

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

 
Co-Chairs:
 
Ed Crosse, Partner, Simmons & Simmons
 
Alison Kellett, Head of Group Dispute Resolution, UK, Channel Islands & Nordic, BNP Paribas

9:00 AM - 9:30 AM | Opening Keynote: Q&A Interview With The Rt. Hon. Dame Elizabeth Gloster DBE, PC

 
Interviewer:
 
Sonia Tolaney QC, Barrister, One Essex Court
 
Interviewee:
 
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. 

Panel Moderator:

Jonathan Kelly, Partner, Cleary Gottlieb Steen & Hamilton

Panelists:

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
Panel Moderator:
 
Stephen Gentle, Partner, Simmons & Simmons
 
Panelists:
 
Claire Lipworth, Partner, Hogan Lovells 
 
Joe Smith, Global Financial Crime Counsel, Group Financial Crime Legal, Barclays
 
Zia Ullah, Partner, Head of Corporate Crime and Investigations, Eversheds Sutherland

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?
Panel Moderator:
 
Laura Durrant, Partner, White & Case
 
Panelists:
 
Guy Wilkes, Partner, Mishcon de Reya
 
Mahmood Lone, Partner, Allen & Overy
 
Catherine Bellsham - Revell, Head of Regulatory, Group Litigation, Regulatory and Competition, Lloyds Banking Group
 
Simon Dodds, Of Counsel, Shearman & Sterling LLP
 
Sponsored by Mishcon de Reya
 

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.

Breakout Moderator:

Markus Lang, Global Head of Wealth, Legal, Deutsche Bank

Speakers

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
Breakout Moderator:
 
Donald MacDonald, Consultant, Consilio

Speakers:
 
Ed Parkes, Partner, Harcus Parker
Ian Cunningham, CEO, Affiniti Finance
 
Sponsored by Consilio
 
C) AI, cloud and security are top prioritise shaping organisation for litigation readiness
 
The 3rd Annual OpenText survey of legal operations professionals highlights the growing impact data privacy regulations are having on the legal discover process. This roundtable discussion will focus on how today's corporate legal leaders are shaping IT strategy with an eye towards litigation-readiness and partnering with security teams on data breach response plans and their willingness to adopt new technologies. 
 
Speakers:
 
Simon Price, Vice President, OpenText
David Nichols, Director, OpenText
 
Sponsored by OpenText
 

12:50 PM - 1:45 PM | Lunch & Networking Break

Sponsored by Knovos
 

1:45 PM - 2:15 PM | Afternoon Keynote: Q&A Interview With Sir David Green, Former Director, Serious Fraud Office

Interviewer:
 
Amanda Pinto, Vice Chair of the Bar Council and QC, Barrister at 33 Chancery Lane and 
 
Interviewee:
 
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.

Panel Moderator:

Edwin Peel, Professor of Contract in the Oxford University Law Faculty

Panelists:

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?

Breakout Moderator:

Daisy Levay, Managing Director and Head of Corporate Legal, Nomura

Speakers:

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.

Breakout Moderator:
 
Tom Connor, Partner, Ashurst
 
Speakers:
 
Victoria Wakefield QCBrick Court Chambers
 
John Taylor, QC, Fountain Court
 

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?

Breakout Moderator:

James Oldnall, Partner, Mishcon de Reya

Speakers:

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
Panel Moderator:
 
Lisa Burton, Director of Advisory Services Europe, Lighthouse
 
Panelists:
 
Tepo Din, Senior Managing Counsel, EMEA Head of Litigation, Enforcement and Investigations, BNY Mellon
 
Nicola Woodfall, E-Disclosure Manager, Travers Smith
 
Michael Brown, Director, EMEA, Lighthouse
 
Sponsored by Lighthouse
 

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.

First City Monument Bank Plc v Zumax Nigeria
David Simpson, Barrister, 3VB
 
Chudley & ors v Clydesdale Bank plc [2019] EWCA Civ 344
Joyce Arnold, Barrister, One Essex Court
 
Banca Nazionale del Lavoro SPA v Playboy Club London Limited and others [2018] UKSC 43
Andrew Rose, Barrister, 4 Stone Buildings
 
Group Seven Ltd v Notable  Services LLP [2019] EWCA Civ 614
Niamh Cleary, Barrister, Fountain Court
 

Bobby Friedman, Barrister, Wilberforce Chambers


5:20 PM - 5:30 PM | Closing Remarks from the Co-Chairs

Co-Chairs:
 
Ed Crosse, Partner, Simmons & Simmons
 
Alison Kellett, Head of Group Dispute Resolution, UK, Channel Islands and Nordic, BNP Paribas

5:30 PM - | Drinks Reception