Lloyds Banking Group takes on Morgan Stanley lawyer to head litigation and contentious regulatory

As Lloyds Banking Group makes a series of senior management hires it has emerged that the global financial institution has brought in Morgan Stanley lawyer Michael Hartridge to replace group litigation and contentious regulatory head Nicola Myatt, who has left the bank.

Following LBG’s takeover of UK banking group HBOS in 2008, Myatt was appointed to head the combined litigation team, having headed the same function at Lloyds. Continue reading “Lloyds Banking Group takes on Morgan Stanley lawyer to head litigation and contentious regulatory”

Deutsche Bank profits dive amid €1.2bn legal provision as pressure builds on finance leaders

If anyone still doubts the mounting legal burdens now falling on the world’s largest finance houses Deutsche Bank has this week dispelled such thoughts after announcing a fresh €1.2bn provision to cover its legal costs.

The German banking giant today (29 October) reported a 98% fall in quarterly profits after setting aside additional funds to cover its liabilities, reflecting the mounting regulatory burden facing the financial institution. The bank’s group income before taxes dropped for the third quarter to €18m, against last year’s figure of €747m for the same period in 2012.

Continue reading “Deutsche Bank profits dive amid €1.2bn legal provision as pressure builds on finance leaders”

A question of confidence – Russians strive to keep high stakes disputes at home

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Given that domestic litigators in Russia and the CIS regularly see their clients’ largest commercial disputes go abroad, usually to be resolved under English law, they treat the outflow of work with unexpectedly good grace. This is mostly based on the realisation that this exodus of high-value litigation not only reflects what clients want, but also what they need. But what’s best for clients isn’t always best for advisers’ bottom lines.

‘The tendency for cases to go to the UK High Court will remain for the next two or three years,’ says Markian Malskyy, head of alternative dispute resolution (ADR) at Ukrainian law firm Arzinger. ‘Normally the bigger Ukrainian law firms would try to exclude the domestic courts from any potential disputes. One party will usually hope that the UK courts will accept jurisdiction. This looks like a good platform for objective justice – still hard to find in the CIS.’ Continue reading “A question of confidence – Russians strive to keep high stakes disputes at home”

After the gold rush – has the age of the oligarch dispute passed?

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Boris Berezovsky v Roman Abramovich; Michael Cherney v Oleg Deripaska – these were the two headlining title bouts that for a brief and glorious moment took the often prosaic world of shareholder disputes out of the business sections and on to the front page of almost every national newspaper.

They involved a cast of colourful litigants with a seemingly bottomless pit of money and grudges, whose lawyers, particularly the barristers, were turned into media stars, if only for a while. The costs were huge and the outcomes of both cases well documented. Continue reading “After the gold rush – has the age of the oligarch dispute passed?”

Sticking to the rules – the rise of the in-house litigator

As the UK’s financial institutions and leaders in commerce and industry embrace a tougher regulatory landscape, Legal Business looks at the movers and shakers in their disputes and compliance teams.

It’s December 2012 and the world’s third largest bank, HSBC, has just entered into a deferred prosecution agreement with the US Department of Justice (DoJ). It has been fined $1.9bn (£1.2bn), then the largest ever bank payout to date, over its inadequate anti-money laundering system.

Continue reading “Sticking to the rules – the rise of the in-house litigator”

Wigs and veils up for discussion by Lady Hale and Lord Neuberger in Supreme Court briefing to mark a new legal year

Deputy president of the Supreme Court Lady Hale today (2 October) advocated a new approach to attracting youths from diverse backgrounds starting first with the elimination of barristers wigs, in a meeting otherwise dominated by the issue of full-face veils in court.

In a briefing held together with Lord Neuberger to reflect on his first year as president, the outspoken deputy addressed a series of questions over the use of the niqab in court, which dominated headlines in September after Judge Peter Murphy found that defendant Rebekah Dawson must remove her veil when giving evidence. Continue reading “Wigs and veils up for discussion by Lady Hale and Lord Neuberger in Supreme Court briefing to mark a new legal year”

Trial begins in the SFO’s first prosecution under the UK Bribery Act

The Serious Fraud Office’s (SFO’s) long-awaited first prosecution under the UK Bribery Act began yesterday (23 September), as four men from biofuel investment promoter Sustainable AgroEnergy went on trial in Westminster Magistrates Court.

Four of the men, all former employees of AgroEnergy, which parent company Sustainable Growth is now in administration, are charged with conspiring to conduct a £23m fraud operation in relation to the promotion and selling of bio fuel investment products to UK investors between April 2011 and February 2012, while three of them are also charged with making and accepting a financial advantage contrary to section 1(1) and 2(1) of the act. Continue reading “Trial begins in the SFO’s first prosecution under the UK Bribery Act”

Vision of the future? Former eBay dispute resolution team heads to Europe

An online dispute resolution (ODR) technology business spun out of eBay is setting up in the UK after receiving a $5m investment from venture capitalists.

Silicon Valley-based Modria, which provides technical solutions for the resolution of around 60 million disputes a year, will be launching its European arm following investment led by early-stage IT venture capital firm Foundry Group. Continue reading “Vision of the future? Former eBay dispute resolution team heads to Europe”

Barristers free to conduct litigation as Bar watchdog ushers in new ‘risk-based’ conduct regime

While the post-Legal Services Act (LSA) shake-up moves far more slowly for barristers than their solicitor cousins, the Bar continues to modernise at its own pace with new conduct rules unveiled this month heralding significant reforms.

The Bar Standards Board last week unveiled its new code of conduct for barristers allowing self-employed advocates to conduct litigation for the first time and to form associations with non-barristers – two significant steps towards liberalising lawyer regulation. Continue reading “Barristers free to conduct litigation as Bar watchdog ushers in new ‘risk-based’ conduct regime”

Guest post: There is a market for judges emerging – but only winning with the oligarchs is not the answer either

Moses LJ has set his satirical pen a scribbling in a recent speech reported in the Gazette. It simplifies, as satire must I suppose, but it got me thinking about something that has been bothering me for some time. Before I come to that, let me set the general theme. There is already a market for judicial services. It may not bite as hard or as dangerously as price competitive tendering, and it may not as directly influence the judges, but it is there nonetheless. It works on a number of levels. Forum shopping from judges can be a form of market for influence. Arbitration is a more obviously economic market in competition with the courts. Continue reading “Guest post: There is a market for judges emerging – but only winning with the oligarchs is not the answer either”