Freshfields Risk & Compliance

Adam Siegel Olivia Radin Kimberly Zelnick Mark Goldberg Andrew Bulovsky

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December 22, 2020

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CFTC resolves first foreign corruption enforcement action

On December 3, 2020, the Commodity Futures Trading Commission (CFTC), in parallel with the Department of Justice (DOJ), settled charges...

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James Roberts Rebecca Fenning

December 22, 2020

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Risks in joining the group register for claimants in consumer GLOs

In November 2020, the English High Court made a decision on the scope of common costs in Crossley& Ors v Volkswagen AG & Ors. The...

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Kristin Lampe Tahleel Lateef Ali Kirby-Harris Matthew Bruce

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December 21, 2020

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Landmark COVID dispute: interpreting material adverse effect clauses

Freshfields has acted for WEX Inc. in successfully securing the acquisition of business-to-business (B2B) payments technology providers...

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Claire Harrop James Smethurst

December 21, 2020

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OPE springs eternal: UK Treasury calls for evidence on how financial services can be provided by overseas persons

The UK has long allowed non-UK institutions to provide financial services to customers in the UK under a variety of different regimes.

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Natalie Keir

December 18, 2020

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Transforming public procurement – changes to the UK regulatory framework

On 15 December, the UK government published its much anticipated Transforming public procurement green paper which sets out the...

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Koo Asakura Sharon Malhi Rikki Haria

December 17, 2020

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A Christmas present from Brussels: The Digital Markets Act

The European Commission presented its widely heralded legislative proposals on regulating the role of so-called “gatekeeper” platforms on...

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Alexandra Malina Alastair Mordaunt

December 17, 2020

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2020: Another year of “firsts” for Hong Kong’s competition watchdog

2020 has been the most active year yet for the Hong Kong Competition Commission: so far it has filed two enforcement actions before the...

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Robert Colvin Kate Gough

December 16, 2020

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Procuring UK major projects: does the advent of “value-based procurement” herald a loosening of the public purse strings?

Last week the UK government published its Construction Playbook which sets out guidance for the future sourcing and contracting of public...

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Olivia Radin Jane Peng

December 16, 2020

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AML Update: OCC identifies compliance as a top risk in 2020

Last month, the Office of the Comptroller of the Currency (OCC) released its Semiannual Risk Perspective Report identifying the key risks...

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Charles Magoffin Rebecca Webster Gareth Davies

December 16, 2020

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Pension schemes: the new climate protectors?

There is increasing focus on climate-related investment by pension schemes, an area which appears to be undergoing significant change....

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December 15, 2020

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US federal banking regulators joins the growing regulatory response to operational resilience

As we envisaged in our recent earlier blog post, the US Federal Reserve, Office of the Comptroller of the Currency, and FDIC have announced

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Jean-Francois Gerard Laura Llangozi Raquel Flórez Julia Förster Elodie Favre-Thellmann

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December 14, 2020

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The bells are jingling (2) – do employees have a right to disconnect?

It is widely taken as a given that employees will have the right to disconnect over the festive season, particularly while on annual...

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Ashley Jones

December 14, 2020

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ERA Pledge launches Corporate Guidelines

The Equal Representation in Arbitration (ERA) Pledge has launched a set of Corporate Guidelines designed to assist corporates involved in...

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Charles Magoffin Gareth Davies Guy Huffen

December 11, 2020

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UK pension scheme funding – where are we now?

In case you missed them, over the past few months we have published the following on defined benefit (DB) pension scheme funding in the UK:

Ricky Versteeg

December 11, 2020

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UK Supreme Court gives important judgment on “opt-out” competition class actions

The Supreme Court has today handed down an important decision on the ‘class certification’ procedure under the regime for opt-out...

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Katie Hyewon Sa Daniel Newton Michael Raffan

December 10, 2020

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Easing capital requirements for smaller banks in the UK – necessary help for new entrants, or creation of a two-tier system?

In an early indication of an area where UK financial services regulation may diverge from the EU once the Brexit transition period ends,...

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Maisie Heath Simon Orton Tim Mak Anne-Laure Vincent Anthea Bowater

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December 9, 2020

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The rise of ESG disputes against financial institutions

Yesterday Simon Orton, Tim Mak, Anne-Laure Vincent and Anthea Bowater held a webinar on the rise of disputes against financial services...

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Emily Smith Priti Lancaster Kelley Macpherson

December 9, 2020

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FCA's reform of insurance pricing – is home and motor insurance just the beginning?

On 22 September 2020 the FCA published its final report on General Insurance Pricing Practices (available here), building on the interim...

Lauren Moorin Claire Harrop

December 9, 2020

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Staying Alive or a Tragedy? Consultations on operational continuity in resolution policy for UK financial institutions

It’s fair to say that 2020 has been an incredibly challenging time for UK financial institutions. Banks have to be more resilient than...

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Emmanuelle Brunelle Guillemette Burgala

December 9, 2020

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Shifting jurisprudence: perspectives on a recent French Supreme Court Criminal Division ruling

On 25 November 2020, the Criminal Division of the French Supreme Court (Cour de cassation) issued a ruling that marked a major shift in...

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John Risness

December 8, 2020

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Have your say – sending money overseas

FATF, the global AML watchdog, is looking to understand the anti-money laundering pinch-points faced by businesses that send money...

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Laura Llangozi Jean-Francois Gerard Chantelle Nicholas Elodie Favre-Thellmann

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December 4, 2020

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The bells are jingling (1) – can employees work from another jurisdiction?

The European Commission ('the Commission') published on Wednesday a communication that recommends strategies for member states on helping...

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Mark Goldberg

December 2, 2020

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A banner year: the CFTC Division of Enforcement’s FY 2020 annual report

On December 1, 2020, the US Commodity Futures Trading Commission (CFTC)’s Division of Enforcement ("the Division") released its fiscal...

Noiana Marigo Kate Apostolova

December 2, 2020

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Bolivia strikes investor-State arbitration again?

In October of this year, Bolivia ratified the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (the

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