New SEC Guidance on Cooperation in Investigations and Enforcement Actions
Corporate Strategies to Prepare for and Respond to More Aggressive Agency Enforcement
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Tuesday, March 9, 2010
Recorded event now available
This CLE webinar will prepare public companies, their officers, directors and employees to respond to more aggressive SEC enforcement. The panel will analyze new SEC guidance on individual cooperation in investigations and discuss the resulting legal concerns for corporations.
Description
In its continuing effort to detect and stamp out securities law violations, the Securities and Exchange Commission (SEC) issued on January 13—for the first time ever—guidance on how it will evaluate the value of an individual’s cooperation in corporate investigations.
The new guidelines complement existing cooperation guidelines for companies first announced in the SEC’s 2001 Seabord Report. Together, the two sets of cooperation guidance promise to change dramatically the conduct of civil and criminal securities investigations.
The January 13 guidance was accompanied by a revision to the SEC Enforcement Manual, which sets forth new “cooperation tools” the SEC will use to encourage cooperation, including proffer agreements, deferred and non-deferred prosecution agreements and immunity requests.
Listen as our panel of attorneys with experience representing clients before the SEC examines the new guidance and shares their insights on lingering questions and legal concerns for corporations. The panel will explain how public companies, their officers, directors and employees should respond to more aggressive agency enforcement.
Outline
- Criteria for evaluating individual cooperation
- Assistance provided by individual
- Importance of underlying matter
- Interest in holding individual accountable
- Profile of individual
- New cooperation tools
- Cooperation agreements
- Deferred prosecution agreements
- Non-prosecution agreements
- Expedited immunity requests
- Proffer agreements
- Corporate response strategies
- Before an investigation
- During an investigation
- Lingering questions for corporations
Benefits
The panel will review these and other key questions:
- What is the significance of the new SEC guidance for companies currently under SEC investigation or potentially facing investigation in the future?
- What factors will the SEC consider in deciding whether an individual is sufficiently cooperating in an investigation?
- What immediate actions should a company take when it learns that the SEC is investigating its activities?
- How will attorney-client privilege and work-product protection concerns factor into the cooperation process?
Faculty
John J. Carney,
Partner
Baker Hostetler, New York
He represents public companies, their officers, directors and employees, regulated entities and others in SEC investigations and criminal law enforcement investigations, as well as in related civil litigation. He works with audit committees, corporations, and senior officers of public companies to advise them during investigations and to design remedial compliance and corporate governance measures.
James R. Doty,
Partner
Baker Botts, Washington, D.C.
He represents clients before the Securities and Exchange Commission in a full range of regulatory, enforcement and compliance matters. His clients include publicly traded corporations, as well as investment banking and securities firms both in the United States and in other countries. From May 1990 through 1992, he served as the general counsel of the SEC.
Linda Chatman Thomsen,
Partner
Davis Polk & Wardwell, Washington, D.C.
She concentrates in matters related to the enforcement of the federal securities laws. She joined the SEC staff in 1995 as Assistant Chief Litigation Counsel. In 1997, she was named Assistant Director of the Enforcement Division. She became an Associate Director in 2000, Deputy Director in 2002 and Director of the Enforcement Division in 2005, a position she held until 2009.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
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Online CLE Audio $149.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, FL, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
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Available three business days after the live event
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plus $9.45 S&H
Available ten business days after the live event
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Available ten business days after the live event
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Program Materials
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Program Materials
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CLE Credit
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Customer Reviews
The program provided good legal references, good bullet points and good scope.
Tim Thomas
Kolesar & Leatham
Very informative — one of the best run programs in a plethora of on-line offerings.
Jeff Michelman
Stinson Morrison Hecker
The back-and-forth between the panelists made the program easy to listen to. The slides were very well done.
Chris Kelly
Mayer Brown
The panelists covered the topic well and in depth.
Andrea Mealey
Edwards Angell Palmer & Dodge
A focused presentation offering practical information in a concise format.
Una Kang
Saiber
Corporate Law Advisory Board
Partner
Hogan Lovells
General Counsel
Assurance America Corporation
Partner
Mayer Brown
Kathleen Mayton
General Counsel
Rollins, Inc.
Partner
K&L Gates
Partner
Kaye Scholer