Regulatory Enforcement Defense

Our team includes lawyers who have held senior positions at the U.S. Securities and Exchange Commission (SEC), including a former Associate Director, Deputy Chief Litigation Counsel, three former branch chiefs, and a former Senior Counsel in the SEC's Enforcement division.

We counsel and defend individuals and entities in connection with inquiries, investigations, and civil and criminal enforcement actions initiated by various government regulatory agencies and self-regulatory organizations. We defend clients before the SEC, the Public Company Accounting Oversight Board, the Financial Industry Regulatory Authority, and other federal and state securities and financial regulators. Our lawyers have represented clients in regulatory enforcement matters involving potential violations of both U.S. and E.U. statutes or regulations conducted individually, and/or jointly, by the SEC, U.S. Department of Justice, and non-U.S. financial regulators. We are well versed in the language, regulations, rules, policies, and processes of these organizations and offer clients the experience, insights, and judgment needed to secure successful outcomes.

Our lawyers have been retained by corporations, boards of directors, and board committees to conduct internal investigations and reviews. We have also been retained by non-profit and public-sector entities requiring investigative assistance and guidance. We have conducted internal investigations covering a variety of topics, including financial fraud, recordkeeping and regulatory compliance. Our lawyers demonstrate sensitivity and discretion regarding the issues that may be encountered during internal investigations, such as confidentiality concerns, personnel privacy, and attorney-client privilege.

Our lawyers have represented corporations and individuals under investigation for, charged with, or suspected of criminal law violations, or who may be witnesses in connection with such alleged criminal violations. Our lawyers have experience defending both domestic and international criminal investigations. We have represented clients before the Department of Justice, offices of state attorneys general, and local district attorney offices.

Looking Forward

In addition to its traditional caseflow, SEC Enforcement’s 2018 year-end report shows that digital assets will be at the forefront of regulatory scrutiny during the coming year — with the SEC’s still-new Cyber Unit zeroing in on ICOs and token-offering cases, broker-dealer and investment adviser registration issues, and outright frauds involving digital assets. Cyber breach cases will also see a significant uptick. Enforcement will focus particularly on “Main Street” cases, a Chairman Clayton priority. CFTC Enforcement will focus on fraud in cryptocurrency cash markets, cross-market and mere attempted spoofing, and its new focus on insider trading and protection of confidential customer information. FINRA’s enforcement activity will likely step up as it moves beyond its recent FINRA 360 reorganization.