Helping Clients Defend Against SEC Actions
Below are issues commonly encountered in SEC investigations and about which we tend to get questions from clients. Please note that, while we provide certain useful information in this site, nothing here constitutes legal advice about your particular case and we encourage you to consult with an attorney before taking any steps based on what you read here (or anywhere, really).
Many clients know (or believe they know) about the U.S. Securities and Exchange Commission, or SEC. If you've dealt with the SEC extensively or have no curiosity to learn more, feel free to skip this. If you want to explore this, howeverr, please hit "Find out more" below.
Many clients wonder how the SEC came to focus on them. Where did the original information come from? How did the SEC learn about our company? The answer will vary, of course, and it may be impossible to know for sure, but click below to learn about the various ways in which information comes to the SEC's attention.
Now that the SEC has served a subpoena on you, what does it mean and what should you or your company do in response? To learn more about what your obligations are and what you should (and should not) do, click the button below to find out more.
If the SEC or DOJ (or, not infrequently, both agencies) begin an investigation, the issue of whether or not to hire an attorney becomes a threshold decision. The lawyers and firms who usually handle a company’s legal affairs may or may not be who should handle such an investigation. Also, what should individual executives or employees be thinking about?
SEC investigations are not (usually) random walks down memory lane. They usually proceed in predictable phases, the SEC staff must report periodically to supervisors on their progress, and you need to know what to expect as this process plays out. Click to learn more.
Sometimes lawyers or auditors can end up in the cross-hairs of an SEC investigation. Why would the SEC concentrate on these professionals and what are some of the considerations involved in representing them? Click to see a discussion of these issues.
Any company executive may become subject to an SEC or DOJ investigation into their involvement with their company’s potential securities fraud. When and if this happens, that executive should know that their interests are not the paramount concern of the company’s in-house legal department or outside counsel hired to represent the company. Click to learn more.
So let's say things don't go as planned and you are found, hypothetically, either pursuant to a settlement or a judgment against you, to have violated the securities laws. What are the potential consequences? Let's discuss the panoply of remedies available to the SEC and that it may seek in various forums.