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) the Quincecare duty of care imposed on a bank to its customer, (iii) privilege issues and what in-house counsel need to know, (iv) whether banks can keep a secret when faced with investigations, and (v) dealing with dawn raids and cyber fraud.
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.
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills 2021