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Asset 3

Regulators to Focus on Shadow Banking

Ahead of the 2014 G20 summit in Brisbane, Mark Carney, Governor of the Bank of England and Chairman of the Financial Stability Board (the “FSB”), the watchdog entrusted with safeguarding against future financial crises, revealed that institutions falling within the unregulated scope of the “shadow banking” sector will face increased scrutiny from financial regulators over […]

Tracking Down a Limiting Principle

This is a blog about the constitutionality of warrantless GPS tracking.  So, it is understandable if the reader takes a moment to ask, “Is it 2012?” In 2012, of course, the United States Supreme Court, in United States v. Jones, held that the attachment of a GPS, or Global Positioning System, tracking device to a […]

U.S. Supreme Court Asked to Review Eleventh Circuit’s Definition of “Instrumentality” under the FCPA

Late last week, we witnessed an interesting development in the FCPA world when a petition was filed urging the Supreme Court to revisit the Eleventh Circuit’s recent ruling in U.S. v. Esquenazi , a case that upheld the U.S. government’s broad definition of “instrumentality” under the FCPA.   If the Supreme Court grants the petition (and […]

Regulatory Enforcement in the UK gets tough on firms and senior individuals

Fines levied by the Financial Conduct Authority (and its predecessor the FSA) during 2013 amounted to £474,138,738, an increase of over fifty percent on the previous year’s total. There were 46 cases in which fines were imposed and the average fine was over £10million. Whilst these results were skewed by some very large fines, they […]

UK Regulatory Enforcement Developments

Last week the FCA published details of the regulatory charges that it has decided to bring against two individuals (read our full alert on this – Greater transparency at an earlier stage of disciplinary proceedings – FCA publishes its first two warning notice statements).  This was the first time FCA had exercised the new power […]