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Financial Services UK
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April 15, 2024
Pension Protection Fund Has 'Crucial' Future Role, LCP Says
The Pension Protection Fund could play a crucial role in the "endgame" for defined benefit pension schemes as a state-backed consolidator of smaller retirement plans, a consultancy has said.
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April 15, 2024
Avoiding Legal Pitfalls In M&A Deferred Pricing Deals
One of the worst markets for M&A dealmaking in a decade has spawned innovative pricing models such as deferred consideration arrangements for buyers and sellers to come to terms, but lawyers warn that these agreements have to be watertight to protect against future litigation.
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April 12, 2024
Credit Suisse, Lloyds, Others Ink $3.5M Libor Deal
Plaintiffs in the yearslong suit alleging various big banks manipulated the London Interbank Offered Rate, or Libor, have reached a $3.45 million settlement with Credit Suisse AG, Lloyds Bank and others, bringing the total settlement recovery amount to more than $780 million.
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April 12, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen footwear brand Dr. Martens hit online retailer Temu with a passing off claim, Welsh soccer club Swansea sue its former head coach Russell Martin, Russian diamond tycoon Dmitry Tsvetkov file a claim against his former business Equix Group Ltd., and U.S. bank Omega Financial Corporation hit African oil and gas company Tende Energy with a claim. Here, Law360 looks at these and other new claims in the U.K.
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April 12, 2024
Denmark's £1.4B Tax Fraud Trial Heads For 'Uncharted Waters'
Denmark will open its £1.4 billion ($1.7 billion) dividend fraud case in London on Monday, beginning a yearlong trial that will have wide implications for other disputes arising out of the cum-ex trading scandal that has swept Europe.
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April 12, 2024
Over 800 Directors Banned For COVID Loan Fraud In 1 Yr
A total of 831 company directors were banned in the last 12 months for defrauding the COVID loan support scheme for businesses following investigations by the Insolvency Service, the government agency said Friday.
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April 12, 2024
FCA Warns Motor Financing Firms To Hold Enough Capital
Britain's financial watchdog warned lenders Friday to keep enough cash at all times for their motor financing business as the regulator continues to look into a recent increase in customer complaints.
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April 12, 2024
Pension Body Warns Of 'Burdensome' New Reporting Rules
A U.K. pension industry body has called for new reporting regulations on the sector to be toned down, warning that the additional red tape could deter smaller schemes from taking steps to improve their investment strategies.
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April 12, 2024
SocGen To Sell Moroccan Units To Investment Firm For €745M
Societe Generale SA said on Friday that it has agreed to sell its Moroccan banking and insurance businesses to private investor Saham Group SA for €745 million ($794 million) as part of its long-term ambition to streamline the company.
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April 12, 2024
Clyde & Co. Must Face Ex-Client's Pared-Back Negligence Suit
Clyde & Co. LLP must face part of a construction magnate's negligence claim over a failed legal case concerning a soured investment, after a London judge tossed part of the case on Friday but ruled that one aspect of it had a real prospect of success.
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April 11, 2024
Autonomy Became Less Transparent Before Sale, Jury Told
An ex-market analyst testifying Thursday in a California criminal trial over claims that former Autonomy CEO Michael Lynch duped HP into buying the British company for $11.7 billion told jurors that the company became less forthcoming about some of its accounting a couple of years before the sale.
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April 11, 2024
BlackRock Can't Deduct Interest On $4B, London Court Finds
Financial services firm BlackRock cannot deduct interest on $4 billion in loans it used for the 2009 purchase of Barclays Global Investors because avoiding taxes was the main reason for the way it structured the transaction, a London appeals court ruled Thursday.
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April 11, 2024
Ex-Sidley Partner Says CPS Did Not Disclose Prosecution Info
A former Sidley Austin LLP partner, a former senior KPMG LLP official and a banking adviser have hit back at the Crown Prosecution Service in the men's £66 million ($82.8 million) claim over a failed tax fraud prosecution, arguing that their prosecutor hid important information from them.
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April 11, 2024
Squire Patton Advises Broadstone Buy Of Credit Risk Co.
Broadstone said on Thursday it had acquired credit risk company Vestigo Partners Ltd., in a deal steered by Squire Patton Boggs and Harrison Clark Rickerbys.
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April 11, 2024
Sanctions Targets Eye EU-UK Split As Appeals Stack Up
A court ruling on Wednesday, which upended the first round of European Union sanctions imposed on two Russian tycoons, contrasts with the approach taken by the English courts, where legal challenges to the restrictive measures have been repeatedly rebuffed.
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April 11, 2024
Pension Schemes Moving Toward Net Zero, Watchdog Says
Britain's pensions watchdog said in a review published Thursday that retirement savings schemes have moved closer to achieving net-zero emissions standards in their portfolios by updating investment strategies and boosting allocations to low-carbon funds.
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April 11, 2024
SocGen To Sell Equipment Finance Unit To Rival For €1.1B
French banking giant Societe Generale SA said Thursday that it has agreed to sell its professional equipment financing business to rival BPCE for €1.1 billion ($1.2 billion) to streamline the business and bolster its equity capital.
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April 11, 2024
Squire Patton Steers £130M Mitsubishi Pension Deal
Insurer Just Group said Thursday it has signed off on a £130 million ($163 million) buy-in transaction for a scheme sponsored by Mitsubishi Chemical UK Ltd. in a deal guided by Squire Patton Boggs LLP.
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April 11, 2024
FCA Finds Failings By Administrator Of Woodford Funds
The Financial Conduct Authority said Thursday it has found that Link Fund Solutions failed to act with "due skill, care and diligence" when it was the authorized manager of the failed £3.7 billion ($4.6 billion) flagship fund managed by Neil Woodford.
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April 10, 2024
No Merit To Autonomy Whistleblower Claims, Auditor Says
A Deloitte partner testifying in a California criminal trial over claims that former Autonomy CEO Michael Lynch and finance director Stephen Chamberlain duped HP into buying the British tech company for $11.7 billion said Wednesday that auditors concluded that whistleblower allegations by a finance department executive were meritless.
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April 10, 2024
Italian Airline Chairman Sued For €50M Over Joint Venture
The chairman of Aeroitalia SRL has allegedly blocked aviation magnate German Efromovich from controlling the startup Italian airline by refusing to hand over his majority stake in the project, according to a new London claim seeking €50 million ($54 million).
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April 10, 2024
Ex-BigLaw Atty In OneCoin Scam A Flight Risk, Feds Say
A former Locke Lord LLP partner who was convicted of laundering proceeds from the OneCoin cryptocurrency scam has "every incentive" to flee the country, prosecutors told a New York federal judge, arguing he shouldn't be allowed to stay out on bail while his appeal is pending.
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April 10, 2024
Ex-Footballer Sues HSBC For £2M Loan Negligence
Former professional soccer player Matthew Jansen has claimed HSBC lost him almost £2 million ($2.5 million) during the 2008 financial crisis by allegedly failing to monitor the risk of loans secured against properties.
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April 10, 2024
Insurer Aviva Expands Bulk Purchase Pilot For Small Pensions
Insurance giant Aviva said Wednesday it has launched a streamlined bulk purchase annuity service to support smaller pension schemes with assets of less than £100 million ($126 million) to de-risk their plans.
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April 10, 2024
PCAOB Fines KPMG, Deloitte Units $27M For Cheating Claims
KPMG Netherlands and two Deloitte units will pay a combined $27 million to settle allegations from the Public Company Accounting Oversight Board of widespread answer sharing in their internal training programs, with KPMG's $25 million penalty marking the largest fine PCAOB has ever imposed.
Expert Analysis
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UK Financial Services Bill May Not Be Quick Fraud Fix
While the U.K. Financial Services and Markets Bill is expected to pass into law this year and will make it easier for fraud victims to achieve redress, the reforms could result in increased costs and greater friction in payment processing and may not directly make it more difficult for criminals to operate scams, say Daniel Murphy and Gary Orritt at Eversheds Sutherland.
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A Look At Key Trends In UK Enforcement Of G-7 Sanctions
In light of the recent creation of a G-7 Enforcement Coordination Mechanism that is opening the door for greater collaboration between the U.K. and G-7 countries, together with a more aggressive approach to enforcement in the U.K., an uptick in investigations is likely, particularly regarding Russia, say attorneys at Baker McKenzie.
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Proposed EU Directive May Bring Harmony To Insolvency Law
The diverging insolvency regimes across European Union member states often lead to significant discrepancies in the recovery value for creditors, but a recent proposal for a directive that would affect areas like directors' duties and prepack processes represents a welcome move toward the harmonization of these laws across the EU, say attorneys at Taylor Wessing.
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UK Enviro Ruling Takes Narrow View Of Standard Of Review
In an important case that should provide comfort to investors involved in large public-finance backed infrastructure projects, the U.K. Court of Appeal's judgment against Friends of the Earth suggests that English courts will only intervene in limited circumstances where the U.K. government is challenged on the basis of an international treaty, say Holly Stebbing and Maddie Hallwright at Norton Rose.
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How Changes To 'Acting In Concert' Will Affect UK Takeovers
The recent changes made to the rules by the U.K. Takeover Panel on who is presumed to be acting in concert will be of most interest to parties proposing to make a bid for a U.K. listed company, and give welcome clarity as to how the U.K. takeover regime operates, say attorneys at Herbert Smith.
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Crypto And The Potential For Insider Dealing Offense
Recent cases have raised concerns about crypto providing new opportunities for insider dealing, and while it isn't more vulnerable to schemes than any other security, the lack of regulation and the newness of the technology exasperate its susceptibility to insider trading and potential criminal offense, say Adam Craggs and Alice Kemp at RPC.
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UK Ruling Guides On Appropriation Of Financial Collateral
While a London court’s recent ruling in ABT Auto Investments v. Aapico sets out practical guidelines for enforcement of security over financial collateral by appropriation — particularly amid a breakdown of relations with the collateral provider — a recently proposed bill could mean the future of this method is in question, say Bruce Johnston and Paul Denham at Morgan Lewis.
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How Lenders And Borrowers Can Prepare For Libor's End
While the end of Libor in just over three months isn't expected to greatly affect the syndicated loan market, borrowers and lenders should check their agreements for fallback provisions and references to Libor in order to implement the applicable benchmark replacement, say attorneys at Cahill Gordon.
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Key Points In Draft EU Foreign Subsidies Regulation
The draft implementing regulation on EU foreign subsidy control provides eagerly awaited guidance on the submission of mandatory notifications, but there are still many open questions, say Paul van den Berg and Merit Olthoff at Freshfields.
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Sanctions Enforcement Around The G-7: View From The US
The recent creation of the G-7 Enforcement Coordination Mechanism, to be chaired by the U.S. in its first year, signals that companies should prepare for increased enforcement of Russia sanctions and better coordination of such efforts among member nations, say attorneys at Baker McKenzie.
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Danske Bank Deal Offers Corporate Compensation Warning
The recent Danske Bank settlement opens doors for aggressive prosecution of fraud committed against U.S. banks that maintain correspondent relationships and instructs companies to implement compensation systems restricting executive bonuses in response to misconduct, say Michael Volkov and Alexander Cotoia at The Volkov Law Group.
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Why UK Bitcoin Ruling Is Important To The Digital Asset World
The recent U.K. Court of Appeal decision in Tulip Trading v. Van der Laan, as the first to consider the scope of fiduciary duty in cryptocurrency software development, is a significant ruling with wide-ranging implications for the international crypto community, say Ellen Keenan-O'Malley and Mark Lubbock at EIP.
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Key Aspects Of UK Proposal On 'Buy Now, Pay Later' Lending
HM Treasury is consulting on draft legislation that will bring "buy now, pay later" within the Financial Conduct Authority's regulatory perimeter, and firms will need to consider whether the proposed temporary permissions regime gives sufficient time to get to grips with the requirements, say James Black and Virginia Montgomery at Hogan Lovells.
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What EU Cookie Consent Report Means For Website Owners
The European Data Protection Board’s recent report on website cookie banner practices provides a useful overview of what authorities consider to be problematic, and with more enforcement actions to be expected this year, website owners may use it to review their own policies, say Thibaut D'Hulst and Defne Örnek at Van Bael & Bellis.
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Volatile Energy Prices Complicate Int'l Arbitration Damages
In the turbulent global energy market, international arbitration is a crucial tool for resolving cross-border disputes — but determining how, if at all, to account for recent energy price spikes when quantifying damages presents many challenges for tribunals, say attorneys at White & Case.