When the SEC Comes Knocking
Strategies for Responding to SEC Investigations and Minimizing Penalties
Recording of a 90-minute premium CLE webinar with Q&A
This seminar will review current SEC enforcement activities and best practices for responding to an SEC subpoena, including protecting attorney-client and work product privileged documents. The panel will review strategies to prevail in an SEC investigation.
Outline
- SEC enforcement initiatives: structural and policy changes
- Division reorganization—streamlined case management
- Specialized units—types of investigations
- Formal orders
- Tolling agreements
- Cooperation by individuals
- Office of Market Intelligence
- Focus on financial services industry
- Strategies for responding to a subpoena
- Document production
- Attorney-client privilege and work product
- Negotiating the scope and production time period of subpoena
- Costs
- Subpoenas for testimony
- Cooperation in the investigation—what’s required?
- Timely production of documents
- Results of independent investigations
- Written reports
- Witness interviews
- Waiver of attorney-client privilege
Benefits
The panel will review these and other key questions:
- What SEC enforcement initiatives are directed at the financial services industry—financial advisors, funds and other financial institutions?
- What immediate actions should a company take when receiving a subpoena for records or testimony?
- What factors will the SEC consider in deciding whether the company is sufficiently cooperating in the investigation?
- How can counsel act to preserve the attorney-client privilege during an SEC investigation?
Faculty
John J. Carney
Partner
Baker & Hostetler
Mr. Carney serves as BakerHostetler’s White Collar, Investigations and Securities Enforcement and Litigation team... | Read More
Mr. Carney serves as BakerHostetler’s White Collar, Investigations and Securities Enforcement and Litigation team co-leader. He is a former Securities Fraud chief, assistant United States attorney, U.S. Securities and Exchange Commission (SEC) senior counsel and certified public accountant at a "Big Four" accounting firm. Mr. Carney is a seasoned advocate who represents public and private corporations and financial institutions in complex civil, regulatory and criminal law enforcement investigations and litigation, and advises and defends corporations and senior officers on FCPA compliance, investigation and defense. His experience conducting investigations of possible FCPA violations and other potentially improper foreign country-based financial transactions has included working on major matters in the BRIC countries – Brazil, Russia, India and China. Having litigated for, and against, the U.S. government, Mr. Carney strongly encourages clients to take preemptive governance and remediation measures to mitigate legal and reputational risk in today's increasingly aggressive law enforcement environment.
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Richard W. Grime
Partner
O'Melveny & Myers
He represents clients in internal investigations and on a full range of securities enforcement, regulatory, and... | Read More
He represents clients in internal investigations and on a full range of securities enforcement, regulatory, and compliance matters. He also routinely represents clients in investigations before FINRA, the SEC and other government agencies. Before joining the firm, he spent over nine years in the Division of Enforcement at the SEC. In his last four years at the SEC he was an assistant director.
CloseTy Cobb
Partner
Hogan & Hartson
He practices in the areas of white collar criminal litigation, SEC enforcement and congressional investigations, and... | Read More
He practices in the areas of white collar criminal litigation, SEC enforcement and congressional investigations, and related complex litigation. He has managed multiple cases and investigations through the SEC, DOJ and Congress involving significant accounting issues and restatements, insider trading, foreign corrupt practices, internal controls, healthcare, false claims and qui tam complaints.
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