Full Description
This is the third edition of the only work to focus on the topic of legal risk, expanded in this edition to include much new material specifically on conduct risk. The book has been updated to take into account developments in the law and professional standards concerning such risks and associated values in the context of the financial markets.
Significant (and in some cases, endemic) conduct-related scandals, such as the widespread mis-selling of financial products and LIBOR manipulation, exposed (even precipitated) by the Financial Crisis, have resulted in legal and regulatory change in equal measure (and profound effect) to that of the prudential and financial stability concerns captured in the second edition. Consequently this new edition fully examines the current approach to trust, ethics and conduct within the broader framework of reputational and legal risk. In doing so, it clarifies what constitutes legal risk in contemporary financial markets and how to manage it, drawing on examples and case studies.
Other developments in areas such as the resolution/insolvency of banks, the revision of the UK regulatory structure from the FSA to the FCA and PRA, and the recently made new crime of reckless management of a bank are all considered in full. There is also discussion of trends in areas ripe for development such as fiduciary duty amongst financial markets participants.
Combining practical emphasis with theoretical depth, this is an approachable and engaging reference guide to this important and evolving area of law.
Contents
Introduction
Part I: The General Context
1: Why Legal and Conduct Risk are Important: a Short History
2: Risk And Capital
3: Legal and Conduct Risk in the London Market
4: The Global Context
5: The Lawmaker, the Regulator, and Current Preoccupations
Part II: The Financial Crisis of 2007-2009
6: Market and Regulatory Failure
7: The Initial Impact of the Financial Crisis on Financial Markets
8: The Initial Legal and Regulatory Responses to the Financial Crisis in the UK
9: The Initial Response to the Financial Crisis by the EU and Elsewhere
Part III: The Conduct Crisis
10: The Impact of the LIBOR Scandal: Concerns about Misconduct & Findings of the Conduct Costs Project
11: Sustainability, Responsibility, Public Trust, Ethical Drift and the 'Social Licence' Concept
12: Ethics & Banking Standards
Part IV: Early Perceptions of Legal Risk
13: Financial Services Act 2012: Changes to Regulatory Architecture
14: Financial Services (Banking Reform) Act 2013
15: Individual Accountability
16: General Legal and Conduct Risk Implications of the Crises and Regulator-led Redress
Part V: Legal and Conduct Risk In Interconnected Financial Markets
17: Legal and Conduct Risk in a Globalizing Financial Market
18: The Role of International Institutions in Financial Law Reform
19: Brexit
Part VI: Early Perceptions of Legal Risk
20: A Landmark Case and its Aftermath
21: A Case of Conceptual Impossibility
22: Settling Differences
Part VII: Characteristics of Legal Risk
23: Definition
24: Sources of Legal Risk
25: Causation
Part VIII: Examples of Legal Risk
26: Property Interests in Indirectly Held Investment Securities
27: Vague Laws
28: Recharacterization
Part IX: Legal and Conduct Risk Management
29: The Essentials of Legal and Conduct Risk Management
30: Lawyers' Responsibility for the Management of Legal and Conduct Risk
31: Metrics in Conduct Risk and Reputational Management: Predictions and Perception
32: Managing the "Grey Areas"; Standards, Scenario Analysis and Case Studies
Part X: Conclusions
33: A Convergence of Agendas
Appendices
