
Mark Banks
Biography
Mark is a senior associate in the Baker McKenzie Dispute Resolution team based in London. Mark is also a member of the Firm's Investigations, Compliance & Ethics Practice Group.
Practice Focus
Mark advises clients in the following areas:
- Investigations & criminal/regulatory enforcement: Mark advises clients in connection with complex internal and external investigations and criminal/regulatory enforcement proceedings, often with a cross-border element. He has particular experience advising clients on the mitigation of risk under bribery & corruption, fraud and money laundering laws across multiple jurisdictions. Mark has also represented individuals in connection with investigations and enforcement proceedings.
- Commercial & civil fraud litigation: Mark acts for clients on a broad range of complex and high value litigation. He has a particular focus on proceedings seeking to trace and recover misappropriated assets and has experience obtaining freezing and disclosure orders in multiple jurisdictions. Mark has also undertaken secondments at two major banks and acts for a number of clients in the financial services industry.
- Environmental, Social & Governance (ESG): Mark advises clients on ESG-related disputes, investigations, audits and corporate due diligence programmes, particularly in the context of human rights and modern slavery issues.
Mark has previously undertaken client secondments in the litigation and regulatory enforcement teams at HSBC, Credit Suisse and Jones Lang LaSalle.
Representative Legal Matters
Investigations & enforcement proceedings
- Acting for a global extractives company in relation to an investigation into alleged bribery and corruption involving engagement with the Serious Fraud Office, U.S. Department of Justice, Securities & Exchange Commission and Australian Securities and Investments Commission.
- Acting for an international oil and gas company in connection with an internal investigation arising from allegations of bribery and fraud in relation to a business critical offshore gas project.
- Representing a Fortune 500 company in relation to an investigation by the Serious Fraud Office into alleged bribery and corruption in a recently acquired subsidiary.
- Acting for a Middle East-based transportation company in relation to an internal investigation into alleged bribery and corruption.
- Acting for the former managing director of a defence contractor in relation to high profile criminal proceedings brought by the Serious Fraud Office on charges of corruption and misconduct in public office.
- Providing independent legal advice to a trader at a global bank in connection with an internal investigation into allegations of fraud and insider trading.
- Advising a number of companies in relation to their exposure under the UK Bribery Act arising out of business promotion schemes.
Commercial & civil fraud litigation
- Defending a global bank against a GBP 118 million High Court claim for breach of the Quincecare duty and dishonest assistance arising out of the collapse of a Ponzi scheme.
- Acting for two state-owned entities in proceedings in multiple jurisdictions arising from alleged fraudulent misappropriation of investment funds.
- Acting for the receiver of a Thai bank in relation to an enforcement action against assets in England and Wales arising out of an GBP 80 million banking fraud.
- Defending a financial services company against a GBP 128 million unlawful means conspiracy claim in the High Court arising out of the pre-packaged administration and sale of a retail company.
- Acting for a HNW individual to recover assets arising out of a suspected GBP 150 million investment fraud.
- Defending a global investment bank in connection with a claim for breach of contract and negligence arising from the suspected fraudulent misappropriation of customer funds.
- Defending a commercial real estate firm in relation to a GBP 750 million High Court claim for breach of an implied duty of confidence relating to a London property development.
ESG
- Acting for a manufacturing company in connection with a claim regarding working conditions in its overseas supply chain.
- Advising a number of companies in relation to their obligations under the Modern Slavery Act 2015.
Professional Associations and Memberships
- Law Society of England & Wales
Corporate Responsibility
Mark is committed to pro bono work. He has worked with a number of charities and NGOs on pro bono matters including Asylum Access, the Norwegian Refugee Council, the National Deaf Children's Society and the Center for Reproductive Rights.
Admissions
- England & Wales~United Kingdom (2015)
Education
- College of Law (Legal Practice Course) (2012)
- College of Law (Graduate Diploma in Law) (2011)
- Oxford University (Philosophy, Politics and Economics) (2010)
Baker & McKenzie LLP, an English partnership, is a member of Baker & McKenzie International, a Swiss Verein.