Individual conduct standards and lessons from the Staley/Barclays Bank case in the UK.
Compliance statements and due diligence certification of employee/senior executive fitness and propriety.
The role of “out-of-office” conduct on a person’s fitness and propriety – drawing the line between conduct which is, and is not, relevant to regulatory performance of functions.
- Managing legal professional privilege (“LPP”) pre-investigation/during investigation
Overview of LPP.
Distinction between (a) lawyers (LPP applies potentially) and other legal experts and compliance consultants/professionals (LPP does not apply).
How is LPP treated under the 2013 Bill?
What are the practical implications for document management/preservation pre-investigation and during an investigation?
- The spectre of the private right of action against a firm
The customer right of action against a firm to recover loss caused by firm’s regulatory breach: s.44 Central Bank (Supervision and Enforcement) Act 2013.
Interplay with individual accountability regime under 2013 Bill – employee/senior executive not liable under s.44.
How to manage risks of conflicts of interest as between firm and employee/senior managers under the shadow of personal liability for s.44 damages.