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Brought to account

23 September 2011 / Patricia Leonard
Issue: 7482 / Categories: Opinion , Banking
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Patricia Leonard reviews the latest controversy to hit the banking industry

Banks in Britain, and abroad, have been subject to a fresh onslaught in recent weeks. British banks have found themselves subject to expansive and costly litigation, investigations by the Serious Fraud Office (SFO) and responding to the Basel III rules.

Three British banks—RBS, Barclays and HSBC—are among the 17 being sued in a multibillion pound lawsuit for allegedly mis-selling mortgage-backed securities by the US Federal Housing Finance Agency (FHFA). These were filed just as the limitation period was coming to an end and took the market by surprise, causing an immediate drop in share prices.

Some of the banks involved are already negotiating in the US with the attorneys general of all 50 states because of an investigation addressing mortgage abuse, making it more unlikely that a global settlement can be achieved. That these settlement negotiations are taking place in the US before a full investigation into mortgage abuses has even been completed shows how willing banks are to stave off costly litigation

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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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