Following Deputy AG Lisa Monaco’s remarks at the White Collar Conference last year, the Department of Justice (DOJ) created a Corporate Crime Advisory Group to revise DOJ’s Corporate Criminal Enforcement Policies. On September 15, 2022, Monaco announced the group’s first major round of revisions. The revisions reiterate a focus on individual accountability, voluntary
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New Regulation Tomorrow Plus podcast – ESG: Key regulatory risks in the UK and US and practical steps to manage them
Our latest episode of Regulation Tomorrow Plus is now available to stream and download on ‘Apple podcasts‘ and ‘Spotify‘
In this podcast Katie Stephen, Co-Head of our Contentious Financial Services Group in London, and Celia Cohen, Co-Head of Financial Institutions in the United States, discuss the key regulatory risks for financial…
ESG – Key regulatory risks for financial services firms in the UK and US and how to manage them
Investors are increasingly seeking sustainable financial products and ESG investing, traditional investing combined with sustainable or otherwise philanthropic aims, has seen huge growth in recent years. Regulated firms are also seeking to improve their own ESG performance more generally to build stronger relationships with their stakeholders, including those who use their services. Whilst the growing…
US SEC proposes new ESG disclosure rules for funds and advisers
On May 25, 2022, the US Securities and Exchange Commission proposed new rules to enhance the regulatory framework for disclosures concerning investment funds and investment advisers’ environmental, social and governance-related (ESG) investing strategies (the Proposed Rules). If adopted, the Proposed Rules would require SEC-registered advisers to include ESG factors and strategies for investors in…
US SEC settlement demonstrates the risks to investment advisers of using ESG investment decision-making metrics
The US Securities and Exchange Commission (SEC) has been increasingly vocal about its view that environmental, social and governance (ESG) disclosures can be material to investors. To help combat ESG disclosure violations, the SEC created a Climate and Risk Task Force within the Division of Enforcement. As a result of the Task Force’s efforts, on…
Not Fair, But Not False
On January 27, 2022, the United States Court of Appeals for the Second Circuit acquitted two former traders, Matthew Connolly and Gavin Campbell Black, who had been convicted by a jury for wire fraud as well as conspiracy to commit bank and wire fraud in a scheme to manipulate the London Interbank Offered Rate (“LIBOR”). …
RT Plus – Recent U.S. Enforcement Developments
A new episode of RT Plus is available now to stream and download. This episode features Celia Cohen and Samuel Ramer, both of whom are partners in NRF’s US practice. This podcast will be of particular interest to US based firms but also to non-US firms that have some dealings with the US.
In this…
Employees’ use of off-channel communications – growing regulatory interest on both sides of the pond
One of the key risks that financial institutions both sides of the pond are currently grappling with relates to the use by employees of “off-channel” communications. These are typically communications not monitored by the institution and not retained under various regulators’ business records requirements. Despite most companies having a policy that prohibits the use of…
US DOJ sharpens its tools: What the new enforcement regime means for corporations
The United States Department of Justice (DOJ) has made it clear: fighting corporate crime is one of the administration’s top priorities. This week, as part of DOJ’s coordinated roll-out of a suite of new corporate-related policies, deputy attorney general Lisa Monaco issued a memorandum that significantly revises DOJ corporate criminal enforcement policies and…
Episode 11 of the Regulation Tomorrow Podcast is out now
The latest episode of the Regulation Tomorrow Podcast is out now to stream and download.
In this episode we hear from Celia Cohen in New York who discusses privilege, particularly in the context of internal investigations; Joe Smallshaw and Catherine Pluck discuss the Frensham case and how the FCA treats non-financial misconduct; and Lisa Lee…