Practical LawConferences

The page will be updated with further details on the agenda once they are confirmed.

Chair’s Welcome

• The revised penalty framework six years on – has it impacted on fines?
• Enforcement against individuals – what do the data say?
• UK vs. US fines in comparative perspective
• The outlook for fines on firms
• The main trends from the SFO perspective, namely;
  • an increase in corporate prosecutions involving foreign bribery,
  • the first charges brought under section 7 of the Bribery Act 2010
  • the first Deferred Prosecution Agreement
• What are internal investigations? Why are they needed?
• Who conducts internal investigations?
• What interests do regulators have in firms’ internal investigations?  How are they relevant to the enforcement process and even criminal investigations?
• Are internal investigation confidential?  How does legal professional privilege apply? Common pitfalls of internal investigations – what can go wrong? The appropriate stakeholders are not involved or informed, evidence gathered is not complete or no audit trail was maintained, evidence is destroyed, those investigating not qualified to perform investigation, etc.
• What happens when the internal investigation turns into an external one by a regulator or prosecutor?
• How important is independence in an investigation?
• How can e-Discovery be used more efficiently?
• What about securing data and other electronic evidence?
• What are the components of a robust investigation plan?

• How culture & conduct underpin fair outcomes for customers
• The erosion of trust – and efforts to regain it
• Aspiration vs. reality – the hard yards
• De-coding the new Senior Managers and Certification Regime
• Understanding the impact for individuals at different levels of seniority
• Application to UK branches of overseas banks
• Strategic versus tactical – challenges for global platforms
• Explaining what SMF 7 means in a distributed management environment for overseas senior colleagues;
• Ensuring the responsibility map is exhaustive and exclusive – so avoiding duplication and managing the hand-offs
• From SIF to Senior Manager – key regime differences
• Avenues of personal regulatory exposure for Senior Managers under the SMR
• What do ‘reasonable steps’ look like in practice?
• The importance of demonstrability
• The challenges of scoping Certified Persons populations
• Managing the fitness and propriety assessment process
• Notifying the regulator: what does the new world look like?
• Training of Certified Persons

• Key practical challenges
• Application of proportionality
• PRA supervisory statement
• Regulatory expectations of firms in different sectors
• New UCITS remuneration code

• What is FinTech?
• Regulatory backdrop
• The regulatory sandbox
• Update from the FCA innovation Hub
• New authorisations
• Crowdfunding
• Blockchain
• Digital currencies
• What’s next?

• Where are we one year on from the FCA assuming its concurrent competition powers with the CMA?
• Recent market studies in the financial services sector
• Latest trends in the CAT
• High court litigation
• Review of important case law

• Financial advice and the FAMR
• Pensions freedoms
• Behavioural economics
• Data security
• Cyber risk and security
• “Smart” customer communications
• Focus on wholesale markets
• Implementation of the second Payment Services Directive (PSD2)
• Forthcoming changes to complaints- handling rules
• FCA Supervisory model

• An introduction to MAR and associated secondary legislation and guidance;
• A discussion of the new rules on market soundings and wall-crossing, including the obligations on disclosing market participants and recipients of market soundings.
• Handling inside information and the regulation of PDMR dealings
• The treatment under MAR of algorithmic and high frequency trading
• The obligation to report suspicious orders and the additional burdens it will impose, as well as a brief summary of the other matters covered by MAR
• The manner in which circumstances will be investigated and sanctions imposed
• The possible consequences of a Brexit

• UCITS V. How will we make this work in practice
• Shadow banking and investment funds
• Impact of CMU on sector
  • Can CMU give new impetus to ELTIFs?
  • Cross border investigations
• FCA Market Study

• Implementation of MiFID II and MiFIR: where are we now and what else are we waiting for?
• Key practical steps for firms between now and January 2017
• Key challenges for firms in different sectors
• Developments in Cyber and Privacy – what is the overlap?
  • NIS Directive – what does it mean for financial institutions?  How to prepare?
  • How will the overlap be addressed between the ICO, FCA and UK CSIRT?
  • Data breach reporting – will there be duplication?
• CMU: what’s it all about and why do we care?
• Influencing the EU legislative process: what you should do and when
• What are the current drivers for reform
• How are these legal and regulatory reforms likely to shape my business?
• Keeping up with the pace of EU regulations and conflicts with EU developments