Legal Series: How to Effectively Deal with an SEC Investigation in 2014
Overview:In a two hour live webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will discuss the significant issues and latest insights on how to strengthen your strategies with respect dealing with SEC Investigations in 2014.
Some of the major topics that will be covered in this course are:
- SEC Investigation 2014: an overview
- Emerging trends and issues
- Enforcement, investigation process and recent cases
- Compliance and best practices
- Latest regulatory updates
U.S. Securities & Exchange Commission
- Benefits of engaging in early and frequent communications with the Commission staff re: requests, subpoenas, and document gathering.
- Benefits of engaging in open and proactive communications with the staff re: document productions, issues and problems, and findings and conclusions.
- Developments in investigations and techniques such as whistleblower provisions, use of technology in investigations, and specialized units and task forces.
- In context of settlements, new policy relating to admissions
Orrick, Herrington & Sutcliffe LLP
- How do you effectively deal with SEC investigations that are being conducted by the Enforcement Division’s Specialized Units and Task Forces?
- How do you effectively deal with SEC investigations that are the result of examination referrals to the Enforcement Division from the Office of Compliance, Inspections and Examinations?
- How do you effectively deal with SEC investigations where there are parallel investigations by the criminal authorities or other regulatory agencies?
- What are the SEC’s cooperation tools and when should you consider availing yourself of them?
- What you need to know about the SEC’s new settlement position requiring admissions of liability in certain cases
Schulte Roth & Zabel LLP
- Chair White's "broken windows" enforcement approach of pursuing even minor violations?
- SEC's renewed focus on financial fraud allegations?
- Increased use of administrative proceedings and procedural challenges by respondents?
- SEC's admissions policy in the wake of the Second Circuit's remand of Judge Rakoff's rejection of the Citi settlement?
- Increased use of non-scienter based charges (e.g., negligence, control person, books-and-records, internal controls, Rule 105 and similar claims)?
- The whistleblower program, including how it has affected what matters are reported first to internal compliance and which issues the Staff will investigate?
- Use of OCIE as a stalking horse for the Enforcement Division?
- Incentives offered by the SEC's policy to reward cooperation and self-reporting?
Fortis Law Partners LLC
- Dos and Don’ts in response to the commencement of and inquiry by SEC Enforcement
- How to initially position the company with the SEC Enforcement staff and ensure benefits of cooperation.
- Attorney-Client privilege issues particular to the response process.
- Issues of dual or joint representation of individual officers, directors or employees .
- How to deal with procedural or ministerial difficulties or problems as the response progresses.
- How to address expansion of the potential issues, either through self-discovery or SEC action.
- Implementation of remedial steps and the appropriate timing of those efforts.
Fortis Law Partners LLC
- When investigations may be most likely to occur
- How to decide who to inform of an inquiry
- Implementation of blackout periods
- Considerations for implementing a special investigative committee
- How to reduce potential impacts by preparing ahead of time
Who Should Attend:- Attorneys defending class actions
- Attorneys, Practice Area: Litigation
- General Counsel
- Corporate Senior Management
- Senior Corporate Management
- Senior Counsel
- Senior Executives
- Senior Management
- Senior Management and Board Members
- Senior Managers
- Business Lawyers
- And other Related/Interested Professionals
Paul T. Chryssikos is Senior Counsel in the U.S. Securities & Exchange Commission’s Philadelphia Regional Office and a member of the Division of Enforcement’s Market Abuse Unit (MAU). In coordination with other attorneys, securities industry experts and accountants, Paul investigates possible violations of the federal securities laws including insider trading, market manipulation, and violations by registered broker-dealers and investment advisers, and brings enforcement actions where appropriate on behalf of the Commission in federal district courts and in administrative proceedings.
Prior to joining the SEC in 2010, Paul was in private practice in Philadelphia for over 10 years, primarily at Morgan Lewis & Bockius LLP, where he focused on representing broker-dealers, securities issuers and financial services companies in litigation in state and federal courts, securities industry arbitrations, internal investigations, and related business matters. Paul graduated from Georgetown University with a B.S.F.S. in 1995 and obtained his law degree, cum laude, from the Villanova University School of Law in 1999. He is admitted to practice law in Pennsylvania and New Jersey.
Paul T. Chryssikos is Senior Counsel in the U.S. Securities & Exchange Commission’s Philadelphia Regional Office and a member of …
Elaine C. Greenberg, a partner in the Washington, D.C., office of Orrick, Herrington & Sutcliffe LLP, is a member of the firm’s Securities Litigation & Regulatory Enforcement Group. Ms. Greenberg’s practice focuses on securities and regulatory investigations and enforcement actions, securities litigation, public finance, and white collar and corporate investigations. She has more than 25 years of securities law experience and possesses deep institutional knowledge of SEC policies, practices, and procedures. As a Senior Officer in the SEC’s Enforcement Division, she served in dual roles as Associate Director for the Philadelphia Regional Office where she oversaw the SEC’s enforcement program for the Mid-Atlantic region, and as the first National Chief of the Specialized Unit for Municipal Securities and Public Pensions, where she was responsible for building and maintaining a nation-wide unit, and oversaw the SEC’s enforcement efforts in the U.S.’s $4 trillion municipal securities and $3 trillion public pension marketplaces.
Elaine C. Greenberg, a partner in the Washington, D.C., office of Orrick, Herrington & Sutcliffe LLP, is a member of the firm’s …
Jeffrey F. Robertson practices in the Washington, D.C. office of Schulte Roth & Zabel LLP, where he represents clients in high-stakes securities enforcement and litigation matters. These include SEC investigations and litigated enforcement actions; shareholder class actions, derivative suits, and other securities-related litigation and arbitration; FINRA and PCAOB investigations; and criminal inquiries by the Department of Justice and state attorneys general.
Jeff also conducts internal investigations and advises clients throughout the financial services industry on securities-related compliance and regulatory matters.
He has been recognized as a leading securities litigator by several peer-review publications, including Washington DC Super Lawyers, The Best Lawyers in America and The Legal 500. He is a frequent speaker at professional seminars.
Jeff is a graduate of Columbia Law School where he was a Harlan Fiske Stone Scholar.
Jeffrey F. Robertson practices in the Washington, D.C. office of Schulte Roth & Zabel LLP, where he represents clients in …
Stephen M. DeHoff is a Partner at Fortis Law Partners, LLC. Steve’s practice focuses on commercial, employment and securities-related litigation, and he has represented businesses of all sizes, ranging from small, closely held corporations to Fortune 50 companies. He represents clients in a range of complex commercial disputes, including securities enforcement and litigation matters. Steve is frequently called upon to conduct internal investigations and to provide compliance advice and risk assessments for financial services industry clients.
Prior to joining Fortis, Steve worked for two New York City-based firms, primarily representing national and international companies in state and federal litigation matters, handling class action defense, agency compliance investigations, securities-related and employee-related arbitrations, and related business matters on behalf of financial industry clients. Steve is a graduate of the University of California, Hastings College of the Law, where he received distinction in the fields of commercial litigation and appellate advocacy.
Stephen M. DeHoff is a Partner at Fortis Law Partners, LLC. Steve’s practice focuses on commercial, employment and securities-related litigation, …
Ms. Herzog leads Fortis’ corporate/securities practice. She has handled transactions valued at over $4 billion for major public companies and investment banks and enjoys working with a diverse clientele that ranges from Fortune 100 corporations to startups, family offices, and venture capital and private equity funds. Before joining Fortis in 2003, Julie practiced corporate and securities law at major international firms in Chicago, Denver and Hong Kong. She earned her juris doctor, cum laude, at Southern Methodist University and bachelors of science in accounting and political science, with honors, from Oklahoma State University. She has been honored by the Denver Business Journal as a "40 under 40" and a finalist in the "Mile Hi Leader" category for “Outstanding Women in Business” and by LawWeek Colorado as a “Woman of Accomplishment” and as a finalist for “Top Woman Lawyer.” In 2014 Julie was selected to the Colorado Super Lawyers list and named one of InterContinental Finance Magazine’s “100 Leading Female Lawyers.”
Ms. Herzog leads Fortis’ corporate/securities practice. She has handled transactions valued at over $4 billion for major public companies and …
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U.S. Securities & Exchange Commission
About U.S. Securities & Exchange Commission
About Orrick, Herrington & Sutcliffe LLP
Orrick, Herrington & Sutcliffe LLP is a leading global law firm with a particular focus on serving companies in the technology, energy and financial sectors. It is recognized worldwide for delivering the highest-quality, commercially-oriented legal advice and for its culture of innovation and collaboration. Founded in San Francisco a century and a half ago, Orrick today is named by Law360 as one of the “Global 20” leading firms. Its platform offers clients a distinctive combination of local insight and global reach across 25 offices. Orrick is recognized by Chambers Global for strengths across 43 transactional, litigation and regulatory practice areas in the United States, Asia and Europe. Orrick practices in five core areas: Corporate, Energy & Infrastructure, Finance, Intellectual Property and Litigation.
About Schulte Roth & Zabel LLP
A multidisciplinary law firm with offices in New York, Washington, DC and London, Schulte Roth & Zabel serves a wide range of local, national and international clients, including public and private corporations and their officers and directors, investment banking firms, brokerage firms, commercial banks, investment advisers, public accounting firms, insurance companies, law firms, partnerships, individuals and public interest organizations. With nearly 100 litigators, our litigation practice includes a number of former Assistant U.S. Attorneys and SEC Enforcement Division attorneys. We regularly assist clients in matters involving antitrust, securities law, complex corporate litigation, trust and estates litigation, real estate litigation, white collar criminal defense/regulatory enforcement, and bankruptcy, reorganization and creditors’ rights litigation. We also work closely with company officials, audit committees, and special committees of boards of directors in the planning and conducting of internal investigations involving suspected wrongdoing by employees, management and/or third parties.
About Fortis Law Partners LLC
Fortis Law Partners specializes in corporate/securities, complex commercial litigation, real estate & development, tax law and employment law. One of the leading transactional law firms in Colorado, Fortis negotiated and closed over 40 transactions valued at over $1 billion in 2013 alone. Fortis represents domestic and international clients, ranging from start-ups to Fortune 50 companies. Its legal team is licensed to practice law in multiple states including Arizona, Colorado, California, Illinois, New York and Wyoming and acts as regional and national litigation counsel for several clients.
The corporate/securities department has extensive experience in structuring and organizing legal entities from start-up companies to multi-national joint ventures and has represented businesses in complex securities regulation and compliance matters, financings, mergers and acquisitions, reorganizations and management buyouts.
The commercial litigation department handles a broad range of complex commercial matters in state and federal courts and administrative agencies throughout the country. They have experience litigating complex securities cases, business matters, real estate/property disputes, complicated contract disputes and collection cases, stock option cases, insurance disputes and trade secrets and unfair competition matters.