By virtue of the types of financial services our client institutions provide to customers ranging from individuals to professional investors and the client-facing nature of these services, they are often on the receiving end of unexpected events and trouble. In this series that is designed specifically for financial services institutions, our group of cross-practice experts explore the risks financial institutions face in their day-to-day operations and give practical guidance on what they need to know to protect their interests. The topics that will be covered in the series include (i) injunctions and other ancillary third party orders, (ii) worldwide mareva injunctions and related orders, (iii) dawn raids, whistle-blowing and investigations, (iv) banking secrecy, data security and privacy in cross-border investigations, (v) cross-border privilege issues in litigation and investigations, and (vi) risks to IPO sponsors.
Trouble and How to Avoid it Part 6: Risks to IPO Sponsors
4 November 2021
The Securities and Futures Commission (SFC) has been on a crusade to tackle sponsor misconduct for some time now and its armoury is well-equipped. According to the SFC, the role of sponsor is fundamental to securing the reputation and success of the Hong Kong IPO market. So what does this mean for financial institutions in terms of getting the deal done and how you approach due diligence? The sixth and last webinar in this series will look at where the regulatory standard lies in terms of the requirements of sponsor due diligence work and the approach the SFC is taking in disciplining sponsors and the respective sponsor principals. Our panel of experts will use short case studies to illustrate proper sponsor conduct including interviewing representatives of listco, engaging experts and third parties to exercise parts of due diligence and maintaining adequate records of all sponsor work. They will also delve into IPO failures and investor lawsuits against sponsors.
Trouble and How to Avoid it Part 5: Managing cross-border privilege issues in litigation and investigations
12 May 2021
Legal professional privilege is a complex but important issue not only in the context of litigation but also in internal and regulatory investigations. Protecting the bank’s interests in the context of varying legal regimes, competing pressures and a variety of external factors can be challenging. This webinar examines how to approach the challenges relating to legal professional privilege where these difficulties arise. In this fifth session in our Trouble and How to Avoid it series, our panel of experts will navigate the complexity of cross-border privilege issues against the backdrop of illustrative case studies focusing on common scenarios that banks will face in the context of litigation as well as regulatory, criminal and internal investigations.
Banking Secrecy, Data Security and Privacy in Cross-Border Investigations
2 December 2020
In the fourth session, our panel of experts use an illustrative case study to explore how conflicting considerations of banking secrecy, data security and data privacy interact in cross-border investigations.
Dawn raids, whistle-blowing and investigations
7 October 2020
The third webinar in this series casts a spotlight on surprise inspections by governmental authorities investigating misconduct, whistle-blowing and issues that arise in cross-border investigations. Our panel of experts take a closer look at:
- What should a bank do if it suspects misconduct?
- How best to protect the bank’s position particularly in the event of a dawn raid?
- Cross-border investigations issues including evidence gathering, blocking statutes, extradition and privileges
- Co-operation between regulatory authorities in different countries in order to pursue prosecution against individuals based abroad
Worldwide Mareva injunctions and related orders: difficult cross-border issues
14 July 2020
In the second of our series, we explore the more complex aspects of Mareva injunctions and related orders. Speakers use short case studies to explore extra-territorial reach, the challenges our clients face in their day-to-day operations and practical guidance on how best to protect their interests.
The nuts and bolts when handling a Mareva injunction and other ancillary third party orders
19 May 2020
The first session focuses on the nuts and bolts that financial institutions ought to be familiar with in order to move swiftly and appropriately when faced with a Mareva injunction. We also consider the effect of the following Court orders or applications which third party banks very often encounter and walk through the key issues that you may need to be aware of: Bankers Trust orders, Norwich Pharmacal orders, Banker’s record requests and Writs of Subpoena.