Dheepa
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Junior Lawyer 43
- Jan 20, 2019
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Might be a silly question, but do law firms who have a strong white collar crime/global investigations practice do the same work as a firm with a strong financial regulation practice? Or are they very different? For reference I am thinking Willkie vs. Akin Gump.
I'd say they're very different, although I can understand why it'd be easy to confuse the two.
White Collar Crime generally involves defending clients from both criminal or civil litigation brought by government or regulatory bodies. So while the lawyers would need a level of understanding on the regulation the charges are being based on, the work is a lot more contentious rather than merely advisory. That typically involves liasing with the counsel representing your client in court maybe, or developing a defense strategy for the case. Examples of things that would be considered white collar crime: fraud, embezzlement, money laundering etc. Clients could also be individuals or institutions.
Financial regulation involves advising what used to be predominantly financial institutions (banks, hedge funds, insurance companies) on their investment activities. Examples include advising on compliance with clearing systems, financial product registration/licensing and advising on ESG investment guidelines. While fin reg had a huge boom especially after the 2008 crisis, I think there's probably a second wave of big ticket work in this area now because of things like fin tech and new payments systems. From what I understand although the work is predominantly advisory, there can be a transactional element to it when companies need advice on capital and liquidity requirements during M&A transactions (i.e. prudential regulation)
Personally, I tend to think of WCC lawyers as the people that come in to do the damage control once something has gone wrong while financial regulation lawyers might be needed perpetually to advise on different regulations.