Your contentious regulatory advisor

Where a potential regulatory breach comes to light, we are experienced in advising firms and senior individuals on next steps.

At all times, we seek to mitigate both immediate and any potential legal, reputational and litigation risks on the horizon, drawing on our extensive experience and work within the regulator.

Our services

Our deep experience of advising on a broad range of contentious regulatory matters extends to working with firms across the sector. Whatever your position in the market, we can help you.

Advising on whether a notification obligation has arisen, the content of any notification and next steps.

Helping firms manage a Skilled Person review, including advising on document gathering, preparing individuals for interview and privilege issues.

We advise firms where they face a proposed voluntary requirement or a requirement has been imposed by the regulator using own initiative powers.

We can provide the level of support you need including advising on the scope of an internal investigation to diagnose how and why a particular issue arose, putting in place a governance framework to protect privilege issues and disciplinary matters.  Where an investigation has arisen as a result of a whistleblower notification, we advise on the overlapping regulatory, employment and other considerations which arise.

We advise on navigating the process of a regulator led investigation (such as investigations by the FCA, PRA and Ofgem).  We are alive to the need for early and constructive engagement with the regulator and draw on deep experience of advising both firms and individuals.  During the course of the investigation, we are mindful of the need to seek to manage future risks including potential third-party litigation and reputational concerns.

Where it has not been possible to avoid enforcement action, we advise on defending formal enforcement proceedings, such as representations to the FCA’s Regulatory Decision Committee, Upper Tribunal and other regulatory bodies.

Where regulatory intervention gives rise to a published outcome, we anticipate and advise on third party litigation which may flow from that outcome.

We can advise on remediation steps such as improvements to your systems and controls.

Why choose Foot Anstey?

When you work with us, you’ll be partnered with a senior lawyer who understands financial services and the way regulators like the FCA and PRA work.

We’ll draw on our experience of working within the regulator to help you navigate a regulator led investigation or other regulatory intervention and we won’t shy away from giving straightforward pragmatic advice, where appropriate.

Our experience

Ofgem Investigation

Advising a senior gas trader in relation to an Ofgem investigation into alleged spoofing the energy market and an internal investigation by the investment bank regarding the use and content of WhatsApp messages.

Skilled Person Review

Acting for a global financial institution in respect of the preparation of a report under section 166 of the Financial Services and Markets Act 2000 concerning its role as joint sponsor in the context of an aborted transaction.

Cross Border Investigation

Advising the former head of the investment banking division and three other senior bank executives of a global bank in respect of an investigation by the FCA and various US regulators including the SEC and CFTC in connection with LIBOR setting practices. Advising in respect of satellite UK and US group litigation.

Our people

We know how to help you navigate any regulator led or internal investigation when a potential regulatory breach comes to light, drawing on our extensive experience of supervisory and enforcement interventions.

Meet our team

Key contacts

What do our clients say?

“(Sonya Zywko’s) attention to detail and legal acumen are superb.”

Legal 500 2021

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