Credit Suisse emergency rescue – lawsuits threatened after USD 17 billion Co-Co writedown By William Allison Following weeks of turmoil within Credit Suisse, which saw a massive fall in share prices and investor confidence, UBS has agreed an emergency takeover of the Swiss banking giant. The Swiss regulator FINMA announced on Sunday (19 March 2023) that,…
Chile, Bolivia and Ecuador: What insurers should know By Andrés Amunátegui Echeverría In recent weeks the LATAM region has experienced crises which will impact insurance coverage in the region.
D&O and FI Newsletter - May 2019 DAC Beachcroft's D&O and FI newsletter features topical issues for our global clients and contacts. Court of Appeal rejects novel arguments raised by banking customer in mis-selling litigation against bank The recent Court of…
SFO v ENRC appeal – implications for directors and SFO/FCA investigations By Richard Highley In a highly anticipated decision, the Court of Appeal in Director of the Serious Fraud Office v Eurasian Natural Resources Corporation [2018] has allowed ENRC's appeal, providing welcome guidance on the scope of legal professional privilege,…
New Data Protection Law in Brazil On 14 August 2018 Brazil passed its Data Protection Law (Law No. 13.709/18) (the "new law"), which will come in force in 18 months, in February 2020. This law establishes similar concepts to the EU's General Data Protection Regulation, such as the…
Insolvency and Corporate Governance Consultation – the implications for directors and professional advisers By Kevin Hawthorn Introduction The report of the joint BEIS and Work and Pensions Committee into recent headline-grabbing corporate failures strongly criticised the conduct of the company's directors and the company's professional advisers, and the regulators and…
FCA fines Canara Bank for serious AML failings relating to its trade finance activities in the UK By Jonathan Brogden On 6 June 2018, the FCA published its Final Notice explaining the grounds upon which it fined Canara Bank £896,100 and imposed a restriction on it accepting deposits from new customers for 147 days as a result of long term serious AML failings. …
Senior managers must prepare for individual accountability The Prudential Regulation Authority and the Financial Conduct Authority (FCA) will implement the Senior Managers and Certification Regime (SM&CR) for insurers on 10 December 2018 and all FCA-authorised firms will be subject to the SM&CR from…
Directors and Officers and Financial Institutions - Autumn 2018 By William Allison DAC Beachcroft's D&O and FI newsletter features topical issues for our global clients and contacts INSIGHTS Senior managers must prepare for individual accountability Corruption in the sales chain: Amazon faces the risk of…
Relief for Pension Trustees facing tax liability By Rebecca Smith M v St Anne's Trustees Limited (June 2018) – In the Court of Appeal in Guernsey DAC Beachcroft and Carey Olsen acted for the trustee in this successful appeal that held that a pension trust transaction, which inadvertently resulted in a…