In an effort to restore trust after the financial crisis, the financial services sector continues to see new regulations, market authorities have far-reaching supervisory powers, and public opinion calls for increasing scrutiny and judicial review.
The challenge for many parties in the market is to anticipate and manage potential risks, effectively deal with non-compliance issues, and overcome difficult conversations with regulators and other parties. How do you avoid litigation and if that is not possible how do you fight for success.
bureau Brandeis handles complex financial services litigation and other contentious regulatory matters. The team represents financial services companies and individual directors in investigations and enforcement measures of regulators such as DNB and AFM. We act in disputes between financial market participants, and we advise on risk management and compliance.
We have the broad range of dispute resolution skills required for effective advocacy in the courtroom and in enforcement proceedings before the regulator. Our attorneys are known for their extensive trial experience in complex financial disputes, where strategic, procedural and reputational aspects are as important as sector knowledge.
Matters we handle include:
- Administrative proceedings before and against regulators on fines, instructions and other enforcement measures
- Individual liability of financial sector directors for de facto managing a violation of the company
- Information requests from regulators and other (internal) investigations prompted by regulatory requirements
- Civil proceedings on investor claims for mis-selling and breach of duty of care towards customers and third parties
- Integrity and suitability (‘fit and proper’) screening of directors and other policy makers
- Managing money laundering and international sanctions risk, anti-bribery and corruption compliance
- Financial reporting and disclosure obligations, insider dealing and market manipulation
- Liability of financial regulators and other government agencies
- Disputes regarding license applications, declarations of no objection and approval of offering memoranda and prospectuses
Our clients include financial services companies such as fintechs, banks, investment management companies, alternative investors and trust offices, other corporates dealing with the financial regulators, and directors and senior managers of financial undertakings. As a broad litigation firm without a finance transactions practice we are able to assist clients in complex financial services litigation in all independence and confidentiality. We have an extensive network of banking lawyers and other specialists we like working with and who frequently ask us to act as (co-)counsel. In this challenging, ever-changing environment of the financial services we strive to take care of our clients’ reputation-sensitive and business critical matters. So that our clients feel confident about the contentious regulatory aspects of their business and can focus on successfully growing and improving that business.