Philippe Goutay has assisted banking and financial institutions for more than 25 years in their day-to day business involving enforcement and litigation cases. He works on large M&A deals related to multijurisdiction businesses and ensures proper coordination with French and EU or international supervisors with the support of other Jones Day offices around the world. He also advises clients in transactional work that involves compliance with a regulatory component, including with respect to the distribution of products and services on a cross-border basis. His experience covers specific constraints applicable to financial institutions, such as capital requirements, internal systems of control, or anti-money laundering compliance. He is an acknowledged leader in securities law that includes trading, clearing, custody, and collateral. In the past few years, his work has extended to digital assets and their regulation.
Complementary to this advisory role, he represents and assists clients in the course of investigations launched by enforcement authorities such as the AMF (Autorité des marchés financiers) and the ACPR (Autorité de contrôle prudentiel et de résolution).
Since 2014, Philippe has been a member of the clearing, custody, and securities settlement advisory committee of the AMF and is an expert member of the Legal High Committee for Financial Markets of Paris. Philippe lectures on central securities depositories and clearing houses in the Master 2 program in financial law at the University of Paris-Dauphine and has authored more than 50 publications in the financial regulatory area.
Experience
Additional Publications
- October 2023
Pour une régulation flexible de la DeFi - in L’AGEFI, 26/10/2023. - November-December 2021
De la relativité d'une information privilégiée : à propos de la décision Marie-Brizard du 28 avril 2021
Additional Speaking Engagements
- February 2, 2017
Contrats-cadres de Produits Dérivés ISDA/FBF, Development Institute International - November 16, 2016
Les Journées de l'AFTE - atelier "Risque de contrepartie : d’IFRS 13 à la BRRD" - March 10, 2016
Presentation on the effects of a resolution process on third parties, Seminar Banque de France: Legal Experts And Financial Crisis - February 5, 2015
Controls and investigations in financial institutions - December 5, 2014
Presentation on the effects of a resolution process on third parties, Seminar Banque de France: Legal Experts And Financial Crisis: Prevention, Management, Resolution - December 3, 2014
Morning meeting of AFTI - Focus on financial case law and jurisprudence in 2014 - November 6, 2014
Double Jeopardy: What about market abuse? - October 15, 2014
European Developments in Clearing and Financial Regulations: EMIR and MiFID - October 15, 2014
European Developments in Clearing and Financial Regulations: EMIR and MiFID - May 20, 2014
The reinforcing of powers of French banking and financial authorities - May 20, 2014
The reinforcing of powers of French banking and financial authorities
"We like his great technical knowledge of regulatory issues, both theoretical and practical [...]. He demonstrates the precision of a silversmith, tireless perseverance and endurance."Chambers Europe
- University of Paris IX-Dauphine (Ph.D. in the Transfer of Title Over Listed Securities 1997); University of Paris I Panthéon-Sorbonne (Masters in Commercial Law 1993)
- Paris
Cited yearly as a leading lawyer in France for financial services regulation in Chambers Europe and Chambers Global
Cited yearly as a leading lawyer in France for banking and finance in The Legal 500 EMEA
1st Prize in Banking/Finance at the Palmarès du Droit awards — Le Monde du Droit-AFJE (2020)
Team ranked 4 stars in Litigation in France — Option Droit & Affaires (2020)
- English, French