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Practice Areas

Securities Investigations and Enforcement

An enforcement matter is not a lawsuit. The exposure is the license, the registration and the reputation — and it begins before anyone is charged with anything.

The headquarters of the Securities and Exchange Commission

The practice

Why these matters are handled differently.

The firm represents corporations and individuals facing inquiries from the Securities and Exchange Commission, state securities regulators and FINRA.

A commercial dispute is about money and it ends. A regulatory matter can end in a bar, a suspension, a statutory disqualification or a disclosure that follows someone for the rest of their career — and much of what determines the outcome happens early, in an informal inquiry, before there is anything to defend. Silence and delay are read as facts.

So the work is prompt and it is proactive. Establishing what the regulator is actually looking at, controlling how the response is framed, and knowing when a matter should be resolved by negotiation rather than fought. Familiarity with the process and the people running it decides a great deal of that.

Subjects

What regulators are usually asking about.

  • Inadequate disclosure
  • Failure to supervise
  • Improper sales practices
  • Product structures
  • Underwriting practices
  • Trading issues
  • Regulatory reporting
  • Advertising violations
  • Blue sky compliance
  • Due diligence failures
  • Outside business activities
  • Private securities transactions
  • Off-channel communications and recordkeeping
  • Regulation Best Interest violations
  • Books and records failures
  • Net capital deficiencies
  • Anti-money laundering program failures
  • Best execution
  • Excessive trading and churning
  • Unregistered securities offerings
  • Misappropriation and conversion
  • Elder and vulnerable investor exploitation
  • Cybersecurity and Regulation S-P failures
  • Form U4 and U5 disclosure failures
  • Custody rule violations
  • Marketing and performance advertising

Where a matter involves protected disclosure to the Commission, see the SEC whistleblower program.

Received an inquiry?

Early is materially better than late. We would appreciate hearing from you.

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