Legal risk
Bondholders hit out at 'forum shopping' by borrowers
Shopping around
'Forum shopping' frustrates European high yield investors
An increasing number of European companies are moving their operations abroad to avoid punitive bankruptcy regimes, leaving bondholders at a disadvantage.
Opaque bond documentation a risk to high yield investors
Market participants have warned an increasing number of European high yield bond offerings are accompanied by unclear – even misleading – documentation.
Data deluge increases info management risk
A study suggests the retention of unnecessary information is creating overflows and increased risks at many businesses
The swaps carve-out conundrum
Section 716 of the Dodd-Frank Act will force swap dealers to hive off certain derivatives businesses into separate affiliates. But the legislation is fiendishly complicated, riddled with oversights and requires daring interpretative leaps, which has left…
Bespoke solutions for an Islamic CSA
Islamic derivatives users are still getting to grips with a new sharia-compliant master agreement, but some argue the market will be stunted without an accompanying collateral document. Lawyers say that is some way off, so they’re cooking up bespoke…
China's bond laws remain a 'quagmire' for foreign investors, warns advisory firm
Investors in Chinese corporate bonds may struggle to recover their money in the event of a bankruptcy, according to FS Asia Advisory.
Greece faces legal problems in exiting Eurozone
If the €110 billion International Monetary Fund-Eurozone bailout fails and Greece is forced to dump the euro, legal experts say there would be no easy way out of its euro-denominated debts.
Goldman Sachs uses scenarios to study reputation risks
US investment bank Goldman Sachs is pioneering scenario analysis as a tool for managing reputational risk
Dubai: The legal issues highlighted by the crisis
Dubai World’s emergency debt restructure last year and the continuing debate over the integrity of sukuk products have rocked investor confidence in the Dubai International Financial Centre. Tricky structural work is needed to strengthen its legal…
Market practices ‘back to basics’ after Lehman collapse, says study
Lehman’s fall has made cautious deal-makers focus on legal risk and risk analysis
Ready for anything?
Top OR&C 2009 risks
You've got mail
Emails are increasingly being used (and demanded) as evidence by US courts, and the implications of this are rippling around the globe. Ellen Davis looks at what international firms need to be doing with their email to ensure they can handle the changing…
Former Bear hedge fund bankers charged
Daily news headlines
Linklaters and Wolters Kluwer release new regulatory tool
Daily news headlines
The top 10
OpRisk & Compliance outlines the top 10 challenges readers and their firms will face in 2008. By David Benyon, with additional reporting by Ellen Davis
The Age of e-discovery
New regulations in the US and Europe are pushing email retention and storage up the agenda of financial services firms. Peter Madigan explores the challenges and the pitfalls of the changes for compliance teams
A compliance can of worms?
Regulatory News
Regulatory fines moved into legal risk definition
According to a source close to the Basel Committee on Banking Supervision, the concept of legal risk will be explicitly broadened in the final version of the Basel II document, due out at the end of June – to include fines, penalties and punitive damages…
Regulators' operational risk definitions criticised
The lack of a common agreement on the definition of operational risk by regulators will cause serious problems for global financial institutions, said Joanna Benjamin, a consultant to law firm Clifford Chance, at a late-November seminar at the firm's…
Getting to grips with legal risk in investment compliance
Pauline Ashall of Linklaters discusses the new compliance challenges that asset management firms are facing, and outlines the steps executives can take to mitigate legal risk.