Financial services: contentious
Hall of Fame
The lawyers at the very top of the profession, widely known and respected by peers and clients for their longstanding involvement in market-leading work.
Hall of fameMishcon de Reya LLP
Adam is a Partner in the Finance & Banking Group. He leads the Firm's highly regarded practice defending clients against the financial services regulatory bodies. For more than 20 years, he has defended some of the biggest enforcement cases to emerge, ranging from the enforcement proceedings brought in relation to Barings in the 1990's to acting in the recent LIBOR and Forex investigations, and others not yet public. He knows the FCA prosecution well and has practical hands on experience in front of the decision makers. He also has extensive experience in cross jurisdictional matters that involve, for example, the Securities and Exchange Commission (SEC) and the Department of Justice (DoJ). In addition to defending contested actions, his work often takes place in the pre investigation and pre enforcement stages, helping clients protect themselves against future possible regulatory action. Adam's practice also includes a great deal of experience representing clients in front of a wide variety of other business regulators and enforcement authorities. He represents both individuals and institutions. Adam also leads the firm's Professional Discipline practice, advising professionals such as accountants, lawyers, insolvency practitioners and pension trustees who are facing challenge or investigation by regulatory or enforcement bodies. Adam also leads the firm's Professional Discipline practice, advising professionals such as accountants, lawyers, insolvency practitioners and pension trustees who are facing challenge or investigation by regulatory or enforcement bodies. He is also experienced in Court and arbitral proceedings, having acted in disputes involving substantial sums of money across arenas as diverse as funds, finance, private banking, spread betting, foreign exchange, structured products, pensions, insurance and capital markets. He combines 25 years' experience of litigating with an in-depth knowledge of the industry and the relevant rules. Adam is widely recognised as a leading individual in the area of Financial Services. The Contentious Regulatory practice that he heads is ranked in Legal 500 and Chambers & Partners and Adam himself has been consistently rated over the years by both legal directories. Legal 500 praises the group's "high-quality and commercially savvy advice" and states that "the ‘very experienced and wily’ Adam Epstein is the undoubted standout". Chambers cites Adam as "extremely good and knowledgeable in this area" and applauds his "extremely focused, very client-friendly" approach stating that he is "exactly the person you would want on your side". Legal 500 2016 states that "he provides 'calm, sensible and sound advice' and is 'revered by his opponents as an expert in his field.'".
Hall of fameSlaughter and May
Managing Partner; As our Managing Partner, Deborah works closely with our Senior Partner to develop and promote the firm’s strategy and global approach, and with our COO to oversee the strategic running of the firm. Deborah’s practice covers the broad spectrum of commercial litigation as well as domestic and cross-border investigations. She acts on substantial and complex commercial disputes for a wide range of clients, as well as on restructuring and insolvency. Deborah is regarded as one of the UK’s leading lawyers in the field of banking and commercial litigation and regulatory investigation. She has acted for many major financial institutions across a spectrum of contentious matters, including acting for major financial institutions in relation to LIBOR and FX. Deborah has also led our teams on various financial crime and mis-selling enforcement actions brought by the FCA.
Hall of fameLinklaters LLP
Martyn advises financial institutions on regulatory matters. Prior to returning to private practice in 2004 he spent over nine years working as a senior lawyer at the UK Financial Services Authority, latterly as Head of Department in the Enforcement Division. He has extensive experience advising investment banks, retail banks, insurers, asset managers and listed companies on regulatory compliance problems. He has advised on “crisis management” on discovery of major compliance failures, conducted numerous internal investigations and represented clients in regulatory investigations, enforcement actions and related civil litigation across the financial services sector. His client work has included some of the highest profile cases brought by the regulators over the past decade and has involved him regularly representing clients before regulators, tribunals and the higher courts (including applications for judicial review of regulators). He has extensive experience of managing multi-jurisdictional regulatory issues and investigations touching Europe, the US and Asia-Pacific. Martyn also regularly advises clients on compliance risk management issues. His areas of particular interest and experience include insider dealing and market manipulation, unauthorised trading incidents, corporate disclosure issues, governance and risk control in financial institutions, senior management responsibilities, management of conflicts of interest, suitability of financial products and portfolio management, financial promotions, fair treatment of customers and other conduct of business standards in respect of investment, banking and insurance products. Martyn’s recent clients have included UBS, Bank of America Merrill Lynch, Goldman Sachs, Lloyds Banking Group, RBS, Santander, Bradford & Bingley, Zurich, Prudential, Capita Financial and a number of asset management firms. Recent significant client matters on which he worked have included advising and representing UBS in relation to the Adoboli US$2.3billion unauthorised trading incident, representing UBS in the FSA’s Upper Tribunal proceedings against senior manager John Pottage and acting for the applicant in the judicial review of the FSA in R v FSA on the application of C. He has had a significant role advising clients on most of the major regulatory investigations and inquiries resulting from the banking crisis.
Hall of fameWithers LLP
Partner. With some 30 years' experience, including 6 years advising the Financial Services Authority ('FSA')'s Authorisation and Approvals function as well as the FSA's senior management on reputation management and contentious issues, Harvey leads our UK Financial Services Regulatory Group. Harvey advises senior executives, owner-managers and controllers as to their handling of personal and corporate relationships with regulators, other regulated firms and individuals. His practice involves regulatory approvals and permissions, supervision and conduct issues, internal and external investigations involving major financial services institutions, the Financial Conduct Authority (FCA), the Prudential Regulatory Authority ('PRA), the UK Listing Authority ('UKLA'), the Takeover Panel, the Institute of Chartered Accountants of England and Wales ('ICAEW') and the Payments Services Regulator ('PSR'), as well as civil and criminal cases involving the High Courts, the Serious Fraud Office (SFO), the National Crime Agency (NCA) and overseas regulators such as the SEC and NY Fed. Over the last decade Harvey has been responsible for the first successful judicial review of the FCA (which established the principle of joint legal privilege in regulatory investigations), the first settlement with the PRA for a UK bank's CEO and last year, the unprecedented overturning of a FCA ban of a senior banker.
Hall of fameAkin
Helen Marshall is a partner in Akin’s financial regulatory group. She has over 25 years of experience advising on UK financial regulatory investigations and enforcement proceedings by the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA). She provides assistance to her clients in a number of areas, including FCA and PRA compliance issues, authorisations and approvals, information requests, FCA thematic reviews, FCA investigations and enforcement, Regulatory Decisions Committee hearings and Upper Tribunal hearings. Helen helps clients to implement effective strategies to meet regulatory requirements and anticipate future obligations. She also assists clients in forging a positive and cooperative relationship with the relevant regulator to ensure they are well-positioned to engage with the FCA and/or the PRA. Helen was a Former Head of Enforcement at the Financial Services Authority (FSA) and has an excellent knowledge of the UK regulatory system. To learn more about Ms Marshall, please visit her full profile: https://www.akingump.com/en/lawyers-advisors/helen-marshall.html
Rising stars
Rising stars with regular involvement in their team's key work, and recognition from peers or clients as being ones to watch.
Dentons
Zeena holds the role of Counsel in the Dentons London office with extensive experience advising financial institutions, regulators, listed companies, regulated investment exchanges and senior executives in respect of contentious regulatory and criminal enforcement action. Her experience extends to conducting internal investigations with an international focus involving alleged regulatory breaches, market abuse and corporate crime, including fraud, money laundering, and bribery and corruption. In addition to completing secondments with the litigation and investigation teams at two retail banks, Zeena has also completed a secondment with the EMEA internal investigations and conduct team at an international investment bank.
Next Generation Partners
Junior partners with significant recognition from clients and peers in the market and key roles on multiple matters.
Slaughter and May
Partner; Jonathan has a strong and varied litigation and investigations practice advising a wide range of financial services and corporate clients. He has deep experience defending allegations of deliberate wrongdoing, having advised on criminal and regulatory investigations and litigation involving alleged corruption, fraud, cartel activity and tax evasion. Jonathan’s litigation practice includes a focus on banking cases relating to complex derivatives transactions and benchmark manipulation, as well as multi-jurisdictional competition litigation in a number of sectors. He also advises clients in a number of different industries on appeals to the Competition Appeals Tribunal from decisions of the UK competition authorities. Jonathan has particular interest and experience in advising clients in relation to ongoing business and PR issues in the context of live litigation or investigations.
Hogan Lovells US LLP
Recognised for having deep experience of acting for large corporations and financial institutions on a wide range of disputes, Elaine regularly acts for banks, fund managers and other financial institutions in contentious matters. She also has experience in sports and media disputes. Elaine has particular knowledge of contentious regulatory matters including internal investigations, representing financial institutions and their employees who are under investigation by regulators, and representing them in enforcement and disciplinary proceedings brought by the FCA, other regulatory, disciplinary and criminal authorities both in the UK and overseas.
Stephenson Harwood
Alan has acted in relation to some of the most high-profile and complex multi-jurisdictional investigations commenced by regulatory and criminal enforcement agencies in the UK, USA, Europe, and Asia. He regularly advises financial institutions and corporates on regulatory and criminal-law compliance, internal investigations and interactions with regulators. Alan is a partner in the regulatory litigation practice group. He advises corporate entities and individuals in the context of regulatory and criminal investigations, commenced by agencies such as the Serious Fraud Office ("SFO") and Financial Conduct Authority ("FCA"). He also assists corporates and individuals in relation to the conduct of, and responses to, internal investigations. Alan's work regularly involves allegations of misconduct on financial markets. Recently, he has advised a number of individuals in the context of investigations into suspected market abuse on a diverse array of international markets, including equity, debt and commodities markets. He has also advised firms and exchanges on detecting and preventing market misconduct. Alan represented a number of individuals in relation to the global LIBOR and foreign exchange (FX / forex) investigations, including both individuals who were the subject of regulatory and criminal allegations of market misconduct and senior managers investigated by regulators for alleged oversight failures. Alan is one of a very small number of lawyers who has successfully represented a senior trader at a major investment bank at trial. He has also been instructed to advise corporates and individuals in providing assistance to agencies including the SFO, FCA, Prudential Regulation Authority ("PRA"), Commodity Futures Trading Commission ("CFTC") and other US authorities. Much of Alan's work has a significant international dimension. He regularly advises corporate clients and financial institutions, including banks and asset managers, on matters that may have an impact, regulatory or otherwise, in more than one jurisdiction. Alan writes regularly in the legal and mainstream press and speaks at a number of industry conferences, both in the UK and internationally.
Slaughter and May
Partner; Holly has a broad practice including commercial, competition and banking litigation and contentious regulatory and criminal investigations. Holly advises clients including major corporate entities and financial institutions across a range of sectors. Holly has cross-jurisdictional investigation experience involving both regulatory and prosecuting authorities, including those relating to bribery and corruption, market abuse and money laundering. In addition to her commercial litigation work, Holly has experience of competition litigation in the High Court, Competition Appeal Tribunal and before the European Court of Justice. Holly’s competition litigation practice includes follow-on damages claims, standalone claims and judicial review proceedings.
Baker McKenzie LLP
Pinsent Masons LLP
Leading individuals
The strongest partners in their field, leading on market-leading deals and endorsed by peers and clients alike.
Hall of fameSlaughter and May
Partner; Ewan is Co-Head of our Global Investigations Group. He has a broad-based contentious practice with a particular focus on financial institutions, acting in both litigation and regulatory investigations. Ewan also has experience advising in relation to corporate crime, competition claims, shareholder disputes, outsourcing and tax appeals.
Osborne Clarke LLP
Please see full biography at osborneclarke.com/lawyers/rachel-couter/
Fox Williams LLP
Partner Sona is a partner in Fox Williams' financial services team, specialising in FCA and SFO investigations and corporate internal investigations.”Sona has extensive experience in advising corporates and senior executives on a broad range of financial services regulatory issues, particularly on matters involving money laundering; fraud; bribery and corruption; financial misstatements; market misconduct; systems and controls failures; and the change in control regime. She regularly represents clients involved in FCA, SFO, FRC investigations and has experience of cross border investigations involving regulatory bodies and prosecuting authorities based in the US. Sona is recognised for leading internal corporate investigations both in the UK and across a number of jurisdictions. She specialises in internal investigations concerning allegations of bribery and corruption; fraud; and market misconduct. Sona has been instructed in relation to a number of high profile corporate investigations by large multinational organisations across the financial services sector. Her instructions regularly require liaising with a number of stakeholders including regulators, law enforcement authorities and Government bodies and committees.
Hall of fameKingsley Napley LLP
Louise is Head of Kingsley Napley’s Criminal Litigation team specialising in financial crime, corporate investigations, FCA regulatory investigations and serious and complex fraud. Long recognised as a leader in this field, she is commended for her grasp of broader strategic issues and the practical advice she gives clients, both companies and individuals, caught up in complex litigation. She is experienced in advising companies and individuals with regard to internal investigations, frequently representing witnesses being interviewed either by employers or by investigating authorities, including those compelled to attend interviews. She leads the firm’s cross-practice Financial Services team and Internal Investigations team. She currently represents a number of individuals, including HNW individuals and business leaders, in a range of financial crime cases being investigated by the SFO, FCA, HMRC and NCA amongst others. She was part of the team representing Tesco in connection with their Deferred Prosecution Agreement and related criminal matters. Her cases frequently have an international element.
Bryan Cave Leighton Paisner
Partner and Global Practice Co-Leader - Financial Services Disputes and Investigations
Stephenson Harwood
Sean heads the firm’s regulatory litigation practice. Sean is a commercial litigation partner specialising in contentious regulatory matters, advising financial institutions and senior executives in connection with all aspects of complex investigations including related litigation and insurance matters (especially Directors’ and Officers’). Sean's recent work includes advising a prominent financial institution and an international intermediary on FCA enforcement proceedings and supervisory visits. He has advised a major lender in relation to regulatory, litigation and insurance issues arising from significant accounting irregularities. Sean has broad experience of financial services redress exercises in a range of legal and regulatory contexts. He has advised a leading international financial services business regarding issues with the sale of retail products to approximately two million customers, including using an innovative Scheme. He has extensive experience of advising regulated firms on remedies concerning decisions of authorities and public bodies, including the FCA, PRA, FOS and SFO. Sean has represented a number of international banks in relation to sanctions issues, including in judicial review proceedings against HM Government and in cases in the General Court and the Court of Justice. Sean acted for Vincent Tchenguiz, Robert Tchenguiz and the associated trusts in various litigation and regulatory matters connected with the SFO's 2011 dawn raids, which were successfully challenged in judicial review proceedings. He has assisted directors of financial and other institutions with the consequences of major regulatory and litigation crises. He has particular expertise regarding legal professional privilege and has litigated privilege issues in the Court of Appeal and House of Lords. He worked on the Bank of England litigation defending the claim for misfeasance in public office arising out of the supervision of the Bank of Credit and Commerce International (BCCI). Sean led the team which won the Legal Week/British Legal Awards litigation and regulatory team of the year for a ground-breaking challenge to a major investigatory and prosecuting authority. Legal 500 describes Sean as "technically strong". Chambers UK describe him as "very knowledgeable, easy to work with…works hard, thinking laterally to achieve the best result for his clients" and "very pragmatic, very intelligent, and an experienced litigator".
Linklaters LLP
Nik is a partner in the Financial Regulation Group in London. He has extensive experience of advising banks, broker-dealers, insurers, asset managers, wealth management firms and listed companies on regulatory and compliance matters, with a particular focus on contentious regulatory and compliance risk management issues. Nik’s contentious regulatory experience includes conducting internal investigations and reviews following the discovery of suspected compliance failures; assisting clients in managing section 166 skilled persons’ reviews; advising clients in relation to managing communications with regulators; representing clients in FSA/FCA investigations and enforcement proceedings (including representing clients before the Regulatory Decisions Committee, in the Upper Tribunal and in the higher courts); advising clients in relation to the development and implementation of past business reviews and redress/remediation programmes; and assisting clients in managing civil litigation risks arising out of regulatory failings. Nik also regularly advises clients on compliance risk management issues, including advice on the practical implications of regulation for their business practices and governance arrangements, and strategies for mitigating and managing regulatory and conduct risks. Nik’s work in this area covers a diverse range of topics, from senior management responsibility, governance and risk management frameworks to conflicts of interest, insider dealing, market abuse, client money, fair treatment of customers, complaint handling and other conduct of business issues. Nik also regularly advises listed companies, corporate brokers and sponsors in relation to the disclosure and control of inside information, the LR8 sponsor regime and other Listing Rule/DTR compliance matters.
Macfarlanes LLP
Dan specialises in city and financial services litigation and investigations. He is experienced in managing and resolving major multi-jurisdiction litigation. Dan often advises on cases where the client’s reputation and business are under severe threat.
Kingsley Napley LLP
Jill is a partner in Kingsley Napley’s Financial Services Group. She has an extensive track record in advising firms and individuals facing regulatory and criminal investigations by the Financial Conduct Authority (FCA). Having recently completed a 12 month secondment in the Criminal Prosecutions Team at the FCA, Jill has particular insight into the organisation’s approach to the investigation and prosecution of serious financial offences. Jill has particular experience in advising those facing insider dealing / market abuse and market manipulation allegations and offences under the Financial Services and Markets Act 2000 (FSMA). She also advises a number of authorised firms including private banks, wealth management firms and brokerages in respect of supervisory and enforcement issues. More generally, Jill has a broad fraud practice and has involvement in many of the largest Serious Fraud Office investigations. Jill has written widely on cyber-crime and has a particular interest in the regulatory and criminal aspects of crypto-assets and Initial Coin Offerings (ICOs).Chapter contributor to:Kingsley Napley: Serious Fraud, Investigation and Trial (4th edition, Lexis Nexis)Cyber Security: Law and Guidance (Bloomsbury Professional)
Macfarlanes LLP
Matt’s practice focuses on complex commercial litigation and arbitration, white collar defence, regulatory enforcement and internal investigations. Matt leads the litigation and dispute resolution group. He regularly advises global corporations and financial institutions in relation to some of their most significant and sensitive international disputes, investigations and enforcement matters, working frequently with leading independent firms around the world to provide a comprehensive international strategy. Matt has particular familiarity with litigation, arbitration and regulatory enforcement matters in the US having been seconded to a leading New York law firm and worked extensively on transatlantic cases. Matt is a member of the firm’s International Committee, the International Bar Association’s Litigation Committee and regularly speaks at international conferences. He is also a Solicitor-Advocate.
Stephenson Harwood
Acknowledged as a leading individual in the areas of both regulatory investigations and corporate crime, the leading legal directories have noted that "Justin McClelland can be a game-changer; he knows the case backwards and has superb instincts". He is described as “knowledgeable, astute and empathetic” and “‘excellent’ at handling multi-jurisdictional investigations,” where his “structured, calm and thorough” approach has proved invaluable in resolving the most challenging matters for clients, whether corporate or individuals. The Directories have noted that “Justin McClelland is the main selling point as he brings considerable experience, expertise and judgement in the field’.” and that “Justin McClelland is the stand-out practitioner. He has considerable cross-over experience, excellent judgement and secures great results.” Justin’s practice is international and covers a number of sectors, including financial services, transport, construction, pharmaceuticals and energy, in the following areas: Regulatory investigations: Leading and managing the defence of corporate clients and individuals in complex, multi-jurisdictional investigations on issues such as market abuse, insider dealing, breaches of the FCA’s Principles and Rules, and cartel behaviour. The investigative agencies with which he has dealt include, in the UK, the FCA, the PRA, the FRC, the ICAEW, the MHRA, the NCA and the SFO and, overseas, the European Commission, the US DOJ, the NYAG, the US CFTC, the Dubai FSA and the Japanese FSA; Regulatory advice: Managing interactions with regulators in supervisory environments to avoid or minimise the impact of regulatory breaches pre-enforcement. The agencies dealt with have included (in the UK), the FCA, PRA, MCA, ICAEW and MHRA; Corporate investigations: Managing internal investigations involving POCA concerns, employment disputes, internal fraud allegations, export compliance/sanctions issues, bribery issues and data protection issues; High-value litigation: Representing clients in commercial and financial disputes including cross-jurisdictional litigation, multi-party actions, appellate proceedings, and follow-on actions arising from regulatory investigations; Compliance programmes: Providing assistance to clients in developing, implementing and reviewing compliance programmes. Prior to his private practice, Justin served as a lawyer in the British Army, reaching the rank of Lieutenant Colonel and prosecuting cases spanning the criminal spectrum at Courts Martial, as well as advising and negotiating internationally and at the highest levels of government. Justin was awarded the MBE in June 1998.
Dentons
Katharine advises on all aspects of financial markets and regulatory work. She previously spent nearly five years as an FCA lawyer including working in its Enforcement division. Through her experience with the FCA, Katharine has a detailed understanding of regulatory processes and policy-making, enabling her to advise clients on a broad range of contentious and non-contentious regulatory and strategic issues, most recently the implementation of the Senior Managers & Certification Regime and regulatory references, the consequences of Brexit, disciplinary proceedings and conducting and reporting to the regulator on investigations into regulatory failings. Katharine's clients include both public organizations and a wide range of regulated firms including banks, investment firms, insurers, brokers, credit institutions and payments firms, as well as individuals. She regularly works with Dentons' overseas firms to provide cross-border advice. Her work is often confidential, focusing on achieving a successful outcome on complicated and sensitive matters.
DLA Piper LLP (US)
Simmons & Simmons
Richard is a partner in the finance litigation department and is a member of the firm’s crime, fraud & investigation group. He specialises in contentious financial services work, both domestic and international. He has extensive experience of regulatory investigations, enforcement and disputes, in particular those involving the FSA.
Simmons & Simmons
Emma is a partner within the financial markets litigation group of our international dispute resolution department. She has acted on a range of major investment banking disputes on both the financial markets and retail banking side and has advised large UK and foreign investment and retail banks, as well as other major financial institutions, on a wide range of issues. In particular Emma has extensive experience of contentious financial services work, including experience of regulatory investigations, enforcement and disputes, in particular involving the FCA and PRA.
Ashurst
Hall of fameMorgan, Lewis & Bockius LLP
Melanie Ryan, a partner in the litigation practice at Morgan Lewis, represents clients in commercial litigation and disputes, corporate and regulatory investigations, and related enforcement proceedings. She advises clients across a range of areas with a particular focus on the banking, financial services, and energy sectors. Melanie is head of the firm's disputes practice group in London. For more information, view Melanie's bio at https://www.morganlewis.com/bios/melanieryan.