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Managing claims arising from swaps mis-selling, LIBOR manipulation, fraud and other breaches of duty
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• Banking and Financial • • 6 • • • • • • • • CPD • • • • • • • • HOURS • • • •• • • •• •• •• • • ba d r s ar Services Litigation tandards bo
Wednesday 15 May 2013 Chaired by: Adrian Beltrami QC Central London 3 Verulam Buildings Speakers Attending this highly topical event will give you the Financial Services Authority (invited) Philip Rubens opportunity to: Cooke Young & Keidan • Gain insights into the regulatory backdrop to financial services litigation Robert Hunter Herbert Smith Freehills • Examine the potential impact of Graiseley Properties v Barclays Bank on LIBOR manipulation Raymond Cox QC claims Fountain Court Chambers • Understand the complexities of claims arising from interest rate swaps Richard Coleman QC mis-selling Fountain Court Chambers FSA’s compensation scheme Stephen Auld QC • Assess how the will impact on the ability to One Essex Court bring claims Jonathan Nash QC • Explore the relevant arguments on jurisdiction and anti-suit injunctions 3 Verulam Buildings Rani Mina • Debate the impact of changes to litigation funding on bringing and Mayer Brown defending claims Simon Kamstra Addleshaw Goddard Supported by Neil Purslow Therium Capital Management Limited
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Banking and Financial Services Litigation
Why attend this conference? Who you will meet The City has recently been hit with a swathe of financial scandals including Barclays’ manipulation of LIBOR and the mis-selling of interest rate swaps to small businesses. Delegates who benefitted from With public confidence in the banking system at an all time low, the FSA has tried previous financial services to crack down but the sheer scale of wrongdoing is overwhelming. It is against this conferences included: backdrop that litigants are limbering up to test the banks’ liabilities in the courts in an • SJ Berwin LLP attempt to seek some form of redress. • Addleshaw Goddard LLP Chaired by Adrian Beltrami, QC, a leading figure at the core of many of these test • PwC cases, this conference will provide an unparalleled opportunity to hear from a variety • Metaxis Finance of eminent practitioners at the coalface of these claims. Join them to explore the Linklaters LLP burning issues surrounding these controversial and complex claims including: • • BNP Paribas • What defences are open to banks facing swaps mis-selling claims? • SJ Berwin LLP • What is the potential impact of Graiseley Properties on LIBOR claims? • DWF LLP • In what circumstances will courts grant anti-suit injunctions? • Brodies LLP • The Royal Bank of Scotland • When will a bank be liable for “knowing receipt”, breaches of fiduciary duty and secret profits? • BNP Paribas • Swiss Re Life Capital misuse of confidential information • What constitutes ? Management Ltd • What will be the impact of the Jackson reforms? • KPMG LLP • Laven Partners Don’t just take our word for it. Hear what delegates to our • Vanquis Bank Ltd FSA Investigations and Enforcement conference said: • Fidelity Worldwide Investment “ Highly interesting and topical conference with a raft of exceptional speakers” • Withers LLP Chris Cartmell, PWC Legal • Informa Law & Finance “Excellent value for money. I learned a lot” • The Royal Bank of Scotland Dr Penny O’nions, The Onion Group • Rothschild “A focused and enlightening discussion and education in a topical area” Tammy Evans, Wedlake Bell • Bindmans LLP • The Onion Group • WilmerHale LexisNexis Financial Services webinars • Lloyds The perfect training solution for the busy professional • Baker & McKenzie LLP You may also be interested in our Financial Services webinars. • Eversheds LLP These 1 hour interactive broadcasts, also available on demand, are the perfect way to fulfill your CPD requirements. • Chambers of Andrew Mitchell QC Visit: www.lexisnexis.co.uk/onlinewebinars • Grant Thornton UK LLP • Mayer Brown International LLP • Fidelity Worldwide Investment Sponsorship Opportunities • Rothschild Promote your brand, showcase your expertise and meet new clients. Various • The Co-operative Banking Group sponsorship opportunities are available at this event. For more information contact Lidiya Lipenko on 020 7400 2562 or email [email protected] • Attorney Generals Office
Book Today & SAVE £50 Email [email protected] Managing claims arising from swaps mis-selling, LIBOR manipulation, fraud and other breaches of duty
Programme Wednesday 15 May 2013
08.50 registration and Coffee 13.50 Jurisdiction issues and anti-suit injunctions • The relevance and importance of jurisdiction and 09.20 Chairman’s opening remarks jurisdiction/choice of law clauses and the use of anti-suit Adrian Beltrami QC, 3 Verulam Buildings injunctions in complex financial litigation in Highland Capital and other recent cases 09.30 The regulatory backdrop to the current • The Court’s approach to jurisdiction clauses under Fiona litigation landscape Trust and subsequent cases • Conflicting jurisdiction clauses in complex financial Financial Services Authority (invited) transactions. The Court’s approach from the Nordbank and Sebastien Holdings cases 10.10 Claims emerging as a result of LIBOR • Jurisdiction issues in the LIBOR litigation manipulation and the challenges they present • Jurisdiction under the ISDA Master Agreements • Uses of LIBOR Stephen Auld QC, One Essex Court • LIBOR’s application to financial products • Potential issues with the reliability of LIBOR 14.30 Duties of confidentiality, misuse of confidential • The issue with Barclays (and other lenders) information and conflicts of interest • Regulatory and civil proceedings arising out of the Barclays scandal Jonathan Nash QC, 3 Verulam Buildings • The implications for lenders and borrowers of Graiseley 15.10 networking Break Properties v Barclays Bank Philip Rubens, Cooke Young & Keidan 15.30 Latest developments in fraud cases
10.50 Morning Coffee involving banks • Knowing receipt: Where are we now on what constitutes the 11.05 Mis-selling of interest rate swaps and other requisite “receipt” for banks? Arthur v Attorney General of complex derivative products the Turks and Caicos Islands; Jeremy D Stone Consultants Limited v National Westminster Bank • The anatomy of a typical mis-selling claim. • The dangers of alleging dishonesty: Starglad Properties • How the typical mis-selling claim might change in the wake Limited v Nash; Jeremy D Stone Consultants Limited v of the LIBOR scandal. National Westminster Bank • The impact of the FSA compensation scheme, and why • Breach of fiduciary duty and deceit by directors and claims are still going to be litigated. officers: Bank of Ireland v Jaffery; Weavering Capital (UK) • The Bank’s defences based on non-reliance clauses and Limited (in liquidation) v Peterson contractual estoppel. • FSMA 2000 and claims for fraud and breach of fiduciary • Potential challenges to this defence. duty: Brown v InnovatorOne plc ; Financial Services • Other defences open to the banks based on disclaimers Authority v Asset L.I. Inc Raymond Cox QC, Fountain Court Chambers • Secret profits again: FHR European Ventures LLP v Mankarious Robert Hunter, Herbert Smith Freehills 11.55 Alternative forms of redress: the FSA’s compensation scheme 16.10 Litigation Funding: the future for funding • The regulatory framework claims post-Jackson • An outline of the review of sales of interest rate hedging In this session, the panel will consider the impact of changes to the products agreed between certain banks and the FSA litigation funding regime on claims brought by and against banks • Who is a non-sophisticated customer? and the suitability of third party funding for claims of this nature. • The approach to redress • The review vs litigation – pros and cons Panellists to include • Implications for the future Rani Mina, Mayer Brown Richard Coleman QC, Fountain Court Chambers session Panel Simon Kamstra, Addleshaw Goddard 12.35 Q & A session Neil Purslow, Therium Capital Management Limited
12.50 networking Lunch 16.45 Chair’s closing remarks
17.00 conference Close
www.conferencesandtraining.com/banking-litigation Registration Your priority booking code is: Banking and Financial Services Litigation You will need to quote this code to claim your Wednesday 15 May 2013 early booking discount* *The early booking discounts are only available when Central London you register by the dates stated below.
How to book (please note we require written confirmation) Payment details Fax +44 (0)20 7347 3576 Email [email protected] £549 + VAT per delegate for bookings received by 22 March 2013 Post LexisNexis Conferences, Halsbury House, – SAVE £50! 35 Chancery Lane, London WC2A 1EL £599 + VAT per delegate for bookings received after 22 March 2013 www.conferencesandtraining.com/banking-litigation For enquiries call +44 (0)845 520 5500 £299 (zero VAT) documentation only Calls will be charged at 3.5p per minute. Calls from mobiles may cost more. Group booking discounts are available. Please contact Andrew Langley Sponsorship and exhibition opportunities 020 7400 2525 or [email protected] Enhance your brand and meet new clients Take this excellent opportunity to position your organisation at the forefront * Please note: discounts cannot be used in conjunction with one another. of the market. This conference will provide an excellent platform to raise You will need to quote your booking code to claim your discount your organisation’s profile in front of key industry participants and showcase your expertise and services as the pre-eminent organisation in the field. Payment by cheque made payable to LexisNexis Payment by credit card To find out more about the range of opportunities available, please contact Lidiya Lipenko on 020 7400 2562 or email [email protected] 1st delegate details Name Forthcoming Events Should you require any further information on any of the events below, Job title please tick the appropriate box and return to LexisNexis. International Fraud Litigation, 18 April 2013
Email Maximizing Opportunities in Litigation Funding, 23 May 2013 Commercial Judicial Review, 13 June 2013 (Please note we may need to send you information on venue changes by email) Financial Services Investigations and Enforcement, September 2013 Tel For more information visit www.conferencesandtraining.com
Additional requirements You can still benefit from the day’s event if you can’t make it! 2nd delegate details Naturally, nothing matches the experience of coming to the conference, Name but if you really can’t make it, you can still benefit by ordering a set of course papers. Available for £299, this will give you a permanent record of the subjects covered, which you can share with your colleagues. Job title To order call on +44 (0)845 520 5500 or return the booking form. Conference papers now also available on USB stick! Email Delegates will receive hard copy papers and free USB stick (Please note we may need to send you information on venue changes by email) Tel Administration VENUE CERTIFICATE OF ATTENDANCE Additional requirements Central London A certificate of attendance is available on request, following your attendance at this conference, as Fee a record of your training and development. Your one-day fee includes attendance, Address details refreshments, lunch and course documentation. DOCUMENTATION SALE Full payment, including VAT must be received prior Your notes will be dispatched within five working Company to the conference. Please post a cheque for the days after the event. Please call us if you do not full amount with your completed registration form receive your notes by two weeks after the event. or tick the payment by credit card box and we will Cancellations call you to obtain card details. Once payment has Address A refund of fees will be made only for cancellations been received a VAT invoice/receipt will be issued. received in writing at least 14 days before the event OUR CONFIRMATION OF YOUR BOOKING (less a 25% cancellation fee to cover administration City Postcode All bookings will be acknowledged in writing within costs). No refunds will be made for cancellations five working days of receipt and joining instructions received within 14 days of the event and failure to (final conference details and a venue location attend after confirming a booking will be subject map) will be emailed to delegates approximately to the same terms. We regret that the transfer of Booking contact / invoice address two weeks before the event. Please telephone the a booking to another event cannot be made but Bookings Enquiries line immediately: a substitute delegate will be accepted at any time Name • if you have not received written before the event. acknowledgement of your booking within 7 This programme is correct at the time of going days of sending it by fax, post or email or to press. However, we reserve the right to alter Tel Email • if you have not received your joining or cancel the programme due to circumstances instructions five days before the event beyond our control.
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