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Category Archives: Conduct of Business

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Delaware Court Confirms Corporate Officers’ Duty of Oversight — Lessons for UK Companies

The US decision reminds UK companies and their officers to identify and report red flags about misconduct in the workplace. By Nell Perks, Nathan H. Seltzer, and Georgie Blears Certain shareholders of McDonald’s Corporation (the Company) sued David Fairhurst, the Company’s former executive vice president and global chief people officer, on behalf of the Company … Continue Reading

Consumer Duty Update: FCA Issues Dear CEO/Director Letters Setting Priorities for Sectors

The letters ask senior management to prioritise implementing the Duty. By David Berman, Nicola Higgs, Rob Moulton, Becky Critchley, Ella McGinn, Jaime O’Connell, and Dianne Bell On 3 February 2023, the FCA published Dear CEO/Director letters underscoring the immediate (i.e., during the implementation period up until 31 July 2023) and longer-term expectations, priorities, and demands … Continue Reading

FCA Publishes “Areas for Improvement” for Firms on Consumer Duty Implementation

The FCA has reviewed firms’ progress to embed the Duty into their businesses, providing good and poor practice examples for firms to improve and direct their implementation work. By Nicola Higgs, Becky Critchley, Jaime O’Connell, and Dianne Bell The Consumer Duty (Duty) rules (as set out under the FCA’s Policy Paper (PS22/9) and guidance document … Continue Reading

Whistleblow Insights — Recurrent Themes and Common Drivers

A new Latham & Watkins guide examines the recent increase in whistleblowing and poses self-assessment questions against which firms can benchmark themselves. By David Berman, Andrea Monks, Nell Perks, Nathan H. Seltzer, Becky Critchley, and Charlie Bowden Many sectors, including financial services, have encountered a discernible increase in whistleblows in recent times — a trend … Continue Reading
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