In this episode of FInsight, Baker McKenzie partners Daniela Fonseca Puggina from our Miami office and Jennifer Semko from our Washington D.C. office discuss litigation readiness for FIs. The episode also covers potential vulnerabilities and disputes that they need to prepare for, current and emerging trends in litigation (from our Litigation Intelligence Tool and Report), and how they can benefit from litigation preparedness.
The Securities and Futures Commission recently released its Consultation Conclusions on Proposed Enhancements to the Competency Framework for Intermediaries and Individual Practitioners. Changes to the existing Guidelines on Competence and Guidelines on Continuous Professional Training will take effect in January 2022. These changes impact the competence and ongoing training requirements for new and existing Responsible Officers and Licensed Representatives of Licensed Corporations, as well as Executive Officers and Relevant Individuals of Registered Institutions.
The privilege against self-incrimination has long been a feature of Australia’s common law and recognises the important concept that individuals should not be compelled to incriminate themselves. The privilege has also been protected by legislation, including in sections 128 & 128A of the Evidence Act 1995 (Cth). A recent High Court decision in Deputy Commissioner of Taxation v Zu Neng Shi  HCA 22 considered whether disclosure of privileged information was in the interests of justice.
On 1 July 2021, the Supreme Court issued its decision in the consolidated case Americans for Prosperity Foundation v. Bonta, No. 19-251 (US 1 July 2021). The Supreme Court reversed the judgment of the Ninth Circuit Court of Appeals and struck down a California donor-disclosure law as facially unconstitutional by a six to three majority.
This week’s discussion will cover the following: organized crime charges in new elder abuse case; novel SEC insider trading action – SEC v. Matthew Panuwa; quick blurb on 18 year old and under crackdown on video game playing in China; and SEC v. MANISH LACHWANI – the SEC’s enforcement focus on unicorns
In the latest episode of the Global Financial Industry Podcast, Baker McKenzie associates discuss: Sovereigns series – key principles of investment treaty protection. The episode covers recent examples of sovereign wealth fundsSWFs bringing investment treaty claims and how others can obtain access to these protections. The episode also analyzes why investors should consider investment treaties as part of their decision-making process.
Partners Michael Fieweger and Derek Liu were featured in Private Equity International’s Keynote Interview, entitled “Public deals for private equity”.
In this interview Michael and Derek discuss reasons why SPACs present an attractive opportunity for Private Equity investors, but they consider the potential challenges for mid-market PE funds and potential conflicts they can create for private equity firms. They also give their opinion on the reasons for the decline in PIPEs and provide forecasts for how the SPAC market will evolve into 2022.
The US Securities and Exchange Commission (SEC) recently published a request for information and comment on how broker-dealers and investment advisers use digital engagement practices (DEPs) — behavioral prompts, differential marketing, “gamification,” and other design elements and features that firms use to engage with retail investors through digital platforms and mobile applications.
Deciphering Data, Baker McKenzie’s global webinar series on data privacy and security, aims to help you decode complex developments in cybersecurity, data protection, workplace privacy, regulatory updates, litigation and enforcement. There are a series of discussions on data protection in Latin America from Tuesday 7 September 2021 – Thursday 9 September 2021.
To implement Section 35(b) of the Universal Healthcare Act, the Department of Health has issued Administrative Order No. 2021-0036 entitled ‘Guidelines on Compliance with Section 35(b) of [the UHC Act]: All Drug, Medical Device, Biological and Medical Supplies Manufacturers to Submit Reports on Disclosure of Financial Relationships with Health Care Providers and Health Care Professionals.