Legal and Conduct Risk in the Financial Markets. ISBN 9780198749271 from Practitioner Books

This is the third edition of the only work to focus on the topic of legal risk, expanded in this edition to include much new material specifically on conduct risk. The book has been updated to take into account developments in the law and professional standards concerning such risks and associated values in the context of the financial markets. Significant (and in some cases, endemic) conduct-related scandals, such as the widespread mis-selling of financial products and LIBOR manipulation, exposed (even precipitated) by the Financial Crisis, have resulted in legal and regulatory change in equal measure (and profound effect) to that of the prudential and financial stability concerns captured in the second edition. Consequently this new edition fully examines the current approach to trust, ethics and conduct within the broader framework of reputational and legal risk. In doing so, it clarifies what constitutes legal risk in contemporary financial markets and how to manage it, drawing on examples and case studies. Other developments in areas such as the resolution/insolvency of banks, the revision of the UK regulatory structure from the FSA to the FCA and PRA, and the recently made new crime of reckless management of a bank are all considered in full. There is also discussion of trends in areas ripe for development such as fiduciary duty amongst financial markets participants. Combining practical emphasis with theoretical depth, this is an approachable and engaging reference guide to this important and evolving area of law.

Introduction Part I: The General Context 1: Why Legal and Conduct Risk are Important: a Short History 2: Risk And Capital 3: Legal and Conduct Risk in the London Market 4: The Global Context 5: The Lawmaker, the Regulator, and Current Preoccupations Part II: The Financial Crisis of 2007-2009 6: Market and Regulatory Failure 7: The Initial Impact of the Financial Crisis on Financial Markets 8: The Initial Legal and Regulatory Responses to the Financial Crisis in the UK 9: The Initial Response to the Financial Crisis by the EU and Elsewhere Part III: The Conduct Crisis 10: The Impact of the LIBOR Scandal: Concerns about Misconduct & Findings of the Conduct Costs Project 11: Sustainability, Responsibility, Public Trust, Ethical Drift and the 'Social Licence' Concept 12: Ethics & Banking Standards Part IV: Early Perceptions of Legal Risk 13: Financial Services Act 2012: Changes to Regulatory Architecture 14: Financial Services (Banking Reform) Act 2013 15: Individual Accountability 16: General Legal and Conduct Risk Implications of the Crises and Regulator-led Redress Part V: Legal and Conduct Risk In Interconnected Financial Markets 17: Legal and Conduct Risk in a Globalizing Financial Market 18: The Role of International Institutions in Financial Law Reform 19: Brexit Part VI: Early Perceptions of Legal Risk 20: A Landmark Case and its Aftermath 21: A Case of Conceptual Impossibility 22: Settling Differences Part VII: Characteristics of Legal Risk 23: Definition 24: Sources of Legal Risk 25: Causation Part VIII: Examples of Legal Risk 26: Property Interests in Indirectly Held Investment Securities 27: Vague Laws 28: Recharacterization Part IX: Legal and Conduct Risk Management 29: The Essentials of Legal and Conduct Risk Management 30: Lawyers' Responsibility for the Management of Legal and Conduct Risk 31: Metrics in Conduct Risk and Reputational Management: Predictions and Perception 32: Managing the "Grey Areas"; Standards, Scenario Analysis and Case Studies Part X: Conclusions 33: A Convergence of Agendas Appendices

Author(s)	By Roger McCormick (Managing Director, Managing Director, CCP Research Foundation), Chris Stears (Research Director, Research Director, CCP Research Foundation).
Publisher	Oxford University Press
ISBN	9780198749271
Format	Hardback
Pages	704
Published in	United Kingdom
Published	22 Mar 2018
Availability	Available

Legal and Conduct Risk in the Financial Markets

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