Legal and Conduct Risk in the Financial Markets
Oxford Univ Pr 2018/05
660 p. illustrations ; 26 cm
New to this Edition - Includes a new section on the 'Conduct Crisis', introducing issues of conduct risk, conduct costs, as well as sustainability, ethics and standards; Updated to cover important changes in the law relating to the insolvency/resolution of banks and the UK regulatory architecture.
The third edition of the highly regarded practitioner guide to legal risk includes substantial new coverage of ethics and conduct, expertly appraised against the backdrop of significant change in post-crises financial markets.
Table of Contents
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