IBA Annual Conference Sydney 2017
8 Oct - 13 Oct 2017
Room C2.1, Convention Centre, Level 2
Session information
Consumer protection and financial services: which approach is better, regulatory or private actions, and can they coexist?
Monday 9 October (1430 - 1730)
Committee(s)
Class Actions Committee
(Lead)
Securities Law Committee
Description
Regulators see private class actions, including those promoted by third-party litigation funders’ funded actions, as a key part of the regulatory enforcement environment and for consumer compensation in the securities and financial product areas. With regulator budgetary constraints, they cannot pursue every case, and many see their role more as one of deterrent and punishment, and not compensation if there is a viable active private compensation mechanism. There are a variety of issues and tensions arising as a result, including access to regulators’ investigation materials, the timing of compensation actions, immunities available and levels of cooperation. This topic will explore such issues and hear from key regulators involved in these areas.
Session / Workshop Chair(s)
Robert Johnston | Johnson Winter & Slattery, Sydney, New South Wales, Australia; Vice Chair, Class Actions Committee |
Cecilia Mairal | Marval O'Farrell Mairal, Buenos Aires, Argentina |
Speakers
Cathie Armour | Australian Securities and Investments Commission, Sydney, New South Wales, Australia |
Susan Dunn | Harbour Litigation Funding Ltd, London, England |
John Papanichola | Slaughter and May, London, England; Regional Representative EMEA, Securities Law Committee |
David Rockwell | Sullivan & Cromwell LLP, London, England; Membership Officer, Capital Markets Forum |