McCormick & O'Brien, LLP
Solutions to Problems

Enforcement & Regulatory Defense

Enforcement & Regulatory Defense

Drawing upon the skill and experience of our Litigation, Compliance and Corporate practices, we offer valuable counseling to clients when responding to subpoenas, facing regulatory inquiries, or seeking to establish better internal controls. Our clients routinely seek our advice concerning compliance with local, state and federal laws, rules and regulations.

When handling these type inquiries, we advise our clients as to the retention of forensic accountants and other outside experts; ensure that management take appropriate steps to preserve data; work with clients to develop a comprehensive investigative plan that includes all work necessary to answer anticipated questions from the regulator; explore the parameters of the attorney-client privilege and how to protect the privilege; and, of course, we assist our clients with the preparation of an effective response to the inquiry or investigation.

Our attorneys have regularly represented individuals and corporations in all manner of administrative and regulatory matters including enforcement proceedings conducted by the SEC, the New York Stock Exchange, FINRA, state securities agencies and other regulatory authorities, as well as during internal corporate investigations (whether in conjunction with governmental inquiries, litigation, or on a stand-alone basis).

We handle a full range of investigative and enforcement matters including:

  • Variable products
  • Collateralized Mortgage Obligations (CMOs);
  • Private placement offerings;
  • ETFs;
  • Deficiency and examination letters;
  • Financial reporting and accounting;
  • Suitability;
  • Market timing and late trading investigations;
  • Sales practice issues (including churning and unauthorized trading);
  • Insider trading;
  • Books and records;
  • Failure to supervise;
  • Gifts and gratuities;
  • Non-cash compensation;
  • 529 Plans;
  • Selling away;
  • Directed brokerage/revenue sharing;
  • Non-cash compensation;
  • Municipal securities;
  • Unregistered offerings; and
  • Market manipulation.

If a matter has some merit, we can negotiate a reasonable settlement. However, if our clients' interests so require, we can effectively and aggressively represent their interests at hearing.