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The FSA begins to “think tough” on insider dealing: but will thoughts turn to deeds?

Duncan Black (Partner, at Financial Services, Intellectual Property Litigation, Dechert LLP, London, UK)
Angelo Lercara (National Partner, Alternative Investment Funds, Financial Services, Dechert LLP, München, Germany)
Joe Smallhoover (DPartner, Alternative Investment Funds, Bank Financing and Securitization, Business Restructuring and Reorganization, Corporate and Securities, Finance and Real Estate, Financial Services, Mergers and Acquisitions, Private Equity, Tax – International and Domestic, Dechert LLP, Paris, France)
Paul Huey‐Burns (Partner, Securities Enforcement Defense, Securities Litigation, Dechert LLP, Washington, DC, USA.)

Journal of Investment Compliance

ISSN: 1528-5812

Article publication date: 14 March 2008




The purpose of this paper is to assess the FSA's recent, allegedly soft approach toward insider trading and compare it with current approaches in the USA, France, and Germany


Discusses reasons for the FSA's current approach, including its emphasis on “principles‐based” regulation and its policy against being an “enforcement‐led” organization and, for comparison, provides the perpectives of Dechert lawyers on current enforcement trends in the USA, France and Germany.


The prosecution of insider trading is one of the best examples of principles‐based regulation in the USA, which suggests that a debate concerning whether the FSA should adopt “rules” proscribing insider trading before embarking on a campaign of vigorous prosecution may be largely irrelevant if the will exists to address such activity. This article was originally published internally by Dechert LLP in April 2007 and has since been updated for the Journal of Investment Compliance.


The paper assesses the FSA's recent approach toward insider trading in the UK.



Black, D., Lercara, A., Smallhoover, J. and Huey‐Burns, P. (2008), "The FSA begins to “think tough” on insider dealing: but will thoughts turn to deeds?", Journal of Investment Compliance, Vol. 9 No. 1, pp. 10-13.



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