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  • Lawyers predict a greater emphasis on disclosures and remedies of conflicted parties, but injunctions will be less likely
  • Key industry figures have said that the highly complex universe of shadow banking must be better understood before regulation can be developed effectively
  • Proposals from the International Organisation of Securities Commissions (Iosco) have been widely criticised for distinguishing between exchange traded funds (ETFs) and collective investment funds (CIFs)
  • Addressing the European Commission’s shadow banking conference, Joanna Cound, managing director, government relations at BlackRock, emphatically disagreed with Paul Tucker’s earlier comment that securities lending is a form of banking
  • Shadow banking – the label is deceptively neat. But regulating the wide-ranging sector could mean destroying more than regulators can possibly hope to save. The dilemma law-makers now face is to bring forward new legislation without creating problems that will cause the next financial crisis.
  • The impact of Dodd-Frank on cross-border payment flow securitisations remains unknown
  • The draft legislation of Emir has been published, but lawyers say there will be a number of unintended consequences
  • Is the new special administration regime for investment banks strong enough?
  • The FSA’s Einhorn and Hannam market abuse enforcement action show intent is not a defence
  • The past 12 months have seen US courts lower requirements for materiality, limit the parties who can be held liable and narrow extraterritorial reach