Overview
Nicolette Kost De Sèvres focuses her practice on global investigations, compliance and regulatory enforcement matters. A former financial regulator and general counsel of a large, listed company, she has over 24 years of experience in compliance, white-collar crime and financial regulation. Nicolette serves as co-head of McDermott’s global investigations and compliance practice.
Nicolette has practiced in Paris, London, Sydney, Washington, DC, and Montreal, including at the New York Stock Exchange in Paris (NYSE Euronext) and the Royal Bank of Scotland in London. She also served as chief of staff and advisor to the president of the Financial Markets Authority in Canada under two different presidents.
Nicolette has a wealth of experience in anti-corruption and anti-money laundering (AML) compliance both in Europe and globally. She handles corporate and regulatory investigations, risk assessments, and due diligence compliance, including Know Your Client (KYC) regulations. Nicolette also represents clients before enforcement agencies and regulators in Europe, Canada and the United States, such as the new French Anti-Corruption Agency (AFA) and assists them in compliance, investigations and regulatory matters related to regulators such as ESMA the AMF, ACPR, CFTC, SEC, the World Bank and other multilateral banks.
Nicolette advises financial institutions and global and local companies on preventive measures. She is a sought-after advisor in complex white-collar crime matters, building and strengthening local and global compliance programs, preparing or conducting risk assessments and mapping, whistleblowing systems, compliance programs, World Bank Integrity Guidelines, the French Loi Sapin II, Loi sur le devoir de vigilance, FCPA, UKBA, EU Directives relating to whistleblower protection, ESG reporting, EU financial regulation (including MIFID, EMIR, AIFMD, BASEL, BRDD, AML, PDS2, SEPA) and FinTech regulation. Additionally, she has a special insight on the military and defense sectors in the United States and France.
A known thought leader in the global market, Nicolette is a sought-after writer and speaker on compliance, enforcement, business ethics, international financial markets and the effects of regulation on financial systemic risk, derivatives, high-frequency trading and the legal framework of European financial markets.
She is the author of the book International Economic Law, numerous articles in compliance and investigations and one of the first articles on DLT, “Blockchain Revolution: An Analysis of Regulation and Technology Related to Distributed Ledger Technologies.” She teaches compliance, investigations and FinTech.
Results
- Implementation of compliance plans required by the Sapin II law and the law on the duty of care for various international groups whose registered offices are in France*
- Implementation of anticorruption and anti-money laundering compliance plans for many international groups operating in France*
- Assistance and representation before the World Bank in the context of investigations and the monitoring of compliance programs*
- Drafting and review of global KYC and AML policies for international groups operating in France*
- Establishment of global risk mappings and implementation of compliance programs within international groups based in France*
- Organization of internal investigations in compliance matters, interviews with relevant executives, and analysis of documents to assess the risks of breaches to laws applicable in compliance matters for a company in the building sector*
- Implementation of guidelines in relation with the ethical charter of an international group, design and organization of training for executives in coordination with the group’s legal management: in-person and e-learning training sessions adapted to the sector-specific concerns*
- Implementation of a series of training sessions in France and in the United Kingdom on the global risk of corruption for a French company in the publishing sector*
- Counsel to French companies on the occasion of stock exchange investigations conducted by US and Canadian regulators (SEC, CFTC, OCC, CFPB, AMF, OSC, OSFI and FINRA)*
- Counsel to a France-based major international group at the occasion of investigations conducted by judicial authorities and a leading international organization regarding allegations of corruption in relation with the awarding of public procurements in Latin America and Africa*
- Setting-up of tools necessary to the maintenance of an efficient and continue compliance with French and US banking regulations within a major French bank*
- Organization of training sessions of sales representatives on at-risk practices in competition and corruption matters within an international group based in France and active in the building materials sector*
- Counsel to a French network manager on the implementation of a specific program for compliance to competition rules and organization of training sessions for in-house lawyers on the procedures of competition authorities and in relation to investigations*
- Implementation of compliance programs in several major banks*
- Due diligence and assessment of compliance constraints on external growth transactions, restructuring, financial or commercial transactions, in the context of acquisitions or joint-ventures, partnerships, listing on markets or even commercial agreements*
- Assistance in the structuring of these transactions to ensure compliance with applicable anticorruption laws (including Sapin II Law, US FCPA and UK Bribery Act)*
- Assistance in the drafting and negotiation of contractual clauses related to compliance questions in relation with these transactions*
- Specific assistance on audits on the hiring of foreign commercial agents, consultants or business partners*
*Matter handled prior to joining McDermott
Recognitions
- Global Investigations Review GIR 100, Recommended, 2023-2024
- Forbes, Top 40 Lawyers in France, 2022 and 2021
- The Legal 500 EMEA, Recommended, 2022-2024
- Global Investigations Review, Top 100 Women in Investigations, 2021
- Women in Compliance, Compliance Innovator of the Year Shortlist, (London), 2020
- Décideurs, ranked as “Excellent” in Compliance – International Investigation and Internal Investigation” & “Highly Recommended” in Compliance programs, 2018
- Décideurs, ranked as “Excellent” in Compliance, 2017
- Lawyer Monthly Magazine, Women in Law Awards, European Union Lawyer of the Year, 2017
- Innovate Finance, Powerlist of Women of the Year in Fintech, 2016
- Women’s Executive Network, Top 100 Most Powerful Women” in Canada, 2008
- Premières en Affaires, Key Figure of the Year, 2008
- Globe and Mail, Top 100 Most Powerful Women in Canada, 2007
- American Bar Association, Young Lawyers’ Division, Star of the Quarter, 2007
Community
- Women’s White Collar Defense Association, Member
- American Chamber of Commerce (AmCham) in France, board member
- Canadian Corporate Council Association Quebec, former president
- Quebec Bar, former member of the executive board
- Montreal Bar, former member of the executive board
- Young Bar Association of Montreal, former president
- Quebec State Court of Appeals, former member of the executive board
- American Bar Association, Financial Products Committee
- Military Spouse JD Network
- International Bar Association
- Women in Housing and Finance
Credentials
Education
University of New South Wales, PhD, ABD, Finance, Technology and Regulation, 2008
University of Montréal, Montréal, Canada, LLM, 2007
University of Montréal, Montréal, Canada, JD, 1999
King’s College London, Certificate in EU Law
Admissions
District of Columbia (as a Special Legal Consultant)
Paris
Quebec
Languages
English
French
Polish