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This paper aims to discuss the SEC's investigatory program with respect to market manipulation in the securities of certain financial institutions and to provide constructive steps for firms to take prior to and after they receive a subpoena or other inquiry from the SEC staff.

The paper discusses the implications of a formal SEC investigation, how to respond, and appropriate document retention, disclosure, and internal investigation policies.

It is essential that firms and individuals provide timely and accurate responses to SEC requests. Document retention and destruction policies are a critical issue. A financial services firm that has received an SEC subpoena or request for information should consider whether any disclosure to its clients and other investors is advisable. When an entity concludes that potential violations may have occurred, it should consider whether to conduct a more extensive internal investigation and whether separate counsel is advisable. In sending materials to the SEC, the responding entity should request confidential treatment.

It is essential that firms and individuals provide timely and accurate responses to SEC requests, whether pursuant to a subpoena or to a request to submit a narrative statement.

The paper provides practical guidance by experienced securities and litigation lawyers as a result of government investigation into market manipulation.

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.