Inside this issue
Less is more or more is more? Differences in the
regulatory ethos in the US and the UK pose
challenges for financial institutions
By Peter Harper, Meghana Shah, James Southworth, Lewis Wiener and
The United States is poised to usher in an era of decreased regulation of financial institutions
while the United Kingdom maintains relatively robust regulation of the financial services sector
in line with developments since the global financial crisis. The authors of this piece discuss the
challenges these differing regulatory regimes present to institutions that operate internationally.
A sea of change: The Congressional Review Act and
By David Baay, Mark Howarth, Louise Howarth, Catherine Manning and
Since President Donald Trump took office, the administration and Republican-controlled
Congress have repealed 14 regulations. While some see a potential sea change in the US
regulatory landscape, this article discusses the interplay between US rules and international
regulatory regimes and the practical impact on energy and mining companies.
Lessons from across the pond: Defined contribution
retirement plans in the US and the UK
By Francois Barker, Adam Cohen, Brittany Edwards-Franklin and Tim Smith
The US and the UK face similar challenges with respect to the critical role of defined contribution
plans in retirement planning. This article analyzes how workplace defined contribution retirement
plans have evolved in the US and the UK and provides examples of best practices in each jurisdiction.
Challenges to the SEC’s enforcement remedies
By Bruce Bettigole, Neil Lang, Adam Pollet, and Laura Raden
In June 2017, the US Supreme Court unanimously held in Kokesh v. Securities and Exchange
Commission that disgorgement as a remedy in SEC civil injunctive actions is subject to the
five-year statute of limitations on civil penalties. This article discusses the rippling effects this
decision may have on other longstanding practices and the perceived authority of the SEC.
The triggers for work product protection and the
duty to preserve are not identical
By Robert Owen and Melissa Fox
Some Federal Courts have conflated the triggers for work product protection and document
preservation. This article explores some of the decisions that mix the preservation and work
product protection triggers, and discusses why courts should reject the false equivalence
between these two triggers that some have embraced.