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Financial Industry Alert

March 5, 2012

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Contacts

London
Stephanie Bates
Partner
stephanie.bates@orrick.com
+44 20 7862 4706

Tony Katz
Partner
tkatz@orrick.com
+44 20 7862 4822

Sam Millar
Partner
amillar@orrick.com
+44 20 7862 4821

Hilary Winter
Partner
hwinter@orrick.com
+44 20 7862 4605

New York
Edward Eisert
Partner
eeisert@orrick.com
+1 (212) 506-3635

Washington DC
James A. Meyers
Partner
jmeyers@orrick.com 
+1 (202) 339 8487

The Greenlight lesson: potential pitfalls when wall-crossing investors - a U.K. and U.S. perspective

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The U.K. Financial Services Authority (FSA) has recently issued a number of widely publicised notices that provide helpful signals as to how the FSA approaches the enforcement of insider dealing and market abuse violations.

On 25 January 2012, Greenlight Capital and David Einhorn were fined £7.2 million for engaging in the market abuse offence of insider dealing under section 118 of The Financial Services and Markets Act 2000 in relation to an equity issuance by Punch Taverns.  The FSA concluded that David Einhorn's failure to identify information which he had received during a telephone call with the Punch Taverns' management and financial advisers as inside information, was a serious breach of the standard of market conduct expected from someone with his professional experience. 

For a complete summary, please click here.