Businesses in the financial services sector operate in a complex, high stakes environment, under regulatory scrutiny and with fierce competition for talent.
We work with clients to manage risk and protect and grow their businesses on a domestic and international scale. Our multi-disciplinary team encompasses specialists from our employment, dispute resolution, regulatory, intellectual property, banking and corporate practices.
We act for clients across the industry, from some of the largest global banking institutions and hedge funds, to asset managers, insurance companies, as well as acting for the senior executives who lead them.
We advise on the full spectrum of employment and immigration law, from day to day HR advisory, to team moves and restrictive covenants, including the theft of confidential information and trade secrets. We also work with clients to design and advise on partnership structures, executive remuneration and incentive schemes.
If matters become contentious, we have significant experience managing some of the most complex and high value disputes in the sector, with significant expertise in all aspects of injunctive relief, including springboard injunctions, as well as in managing disputes through mediation and arbitration.
Our corporate specialists act for leading financial institutions from a fund-raising and investment perspective, acting for both Venture Capitalists and banks and the companies in which they invest. This work includes fintechs and has an additional focus on the blockchain and crypto space. We also offer the full suite of commercial lending capabilities.
Our commercial and intellectual property team are actively involved in services arrangements for our firm’s clients (including outsourcing), together with addressing their data protection and workplace privacy requirements, including SARs. Our real estate group advises corporate occupiers on a wide range of areas including, investment, property finance, and transactional support as well as specialist advice covering planning, construction, dispute resolution and tax.
In this highly regulated sector, we advise a wide range of clients on financial services regulatory matters – both advisory and contentious. This includes: change in control and financial promotions advice on corporate matters; SMCR, fitness and propriety, remuneration, regulatory references, individual approvals and settlement agreements in employment matters; financial promotions advice for advertising intermediaries; payment services and e-money advice; and on contentious regulatory matters ranging from internal investigations to RDC and Upper Tribunal cases. We have a particular focus on the crypto sector, and advise on all aspects from corporate structuring and application of the UK MLRs 2017 to advertising and the regulatory perimeter. We work closely with our corporate, employment, IP, and immigration teams to provide a seamless service for startups in this space.
New year new standards: will regulated individuals in financial services need to be “paragons of virtue”?12 December 2023
The Financial Conduct Authority (“FCA”) and Prudential Regulation Authority (“PRA”) are looking to re-emphasise the regulators’ position that non-financial misconduct is misconduct for regulatory purposes. On the agenda by Lewis Silkin, we discuss the fitness and propriety and conduct rules requirements, as well as the forthcoming guidance ahead of the consultation closing date on 18 December.
The National Security and Investment Act 2021: will it lead to greater certainty and lower burdens for businesses?07 December 2023
Since the National Security and Investment Act (the NSI Act) came into force on 4 January 2022, one of the criticisms levelled at the legislation has been its broad scope and ambiguity over whether a transaction might be captured by the mandatory notification regime or voluntary notification regime.
FCA publishes long-awaited rules and guidance on anti-greenwashing and sustainability01 December 2023
The UK’s Financial Conduct Authority (FCA) has published long-awaited guidance on anti-greenwashing and sustainability due to come into effect in 2024.
Financial promotion exemptions for high net worth individuals and sophisticated investors: HM Treasury publishes its response15 November 2023
HM Treasury has published its Response to the Consultation: Financial promotion exemptions for high net worth individuals and sophisticated investors (Consultation) which set out proposals to reform exemptions in the Financial Promotion Order 2005 (FPO) relating to high net worth individuals and sophisticated investors.
Is there a future for crypto marketing in the UK?03 November 2023
Following the coming into force of the Financial Conduct Authority’s new crypto marketing regime, Wendy Saunders provides a breakdown of what it all means in practice.
Financial Promotions Gateway goes live – are you impacted?29 September 2023
The FCA has introduced a new regulatory gateway to provide greater oversight of the approval of financial promotions. Companies that approve financial promotions for third parties will need to consider whether they need to apply to be included in the gateway or whether their activities are exempt.
CBDC - the future of payments and money in the UK?09 February 2023
Back in April 2022 I wrote an article about the future of cryptoassets, payments and money in the UK. At that time, the UK government announced that it intended to bring in a regulatory regime for stablecoins used as a means of payment.