We represent broker-dealers, investment advisers, banks, financial planners, and investment promoters in virtually all aspects of federal and state securities compliance and defense matters, before the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), and state securities commissions. Our work includes handling investigations, administrative proceedings, injunctive actions, and compliance with the requirements of federal and state regulatory authorities and self regulatory organizations.
With a former state securities commissioner who was a board member of the North American Securities Administrators Association, Inc. (NASAA), and was previously a registered representative of a major broker-dealer, we are uniquely qualified to assist our financial services industry clients in defending regulatory matters, as well as customer arbitrations, litigation, and intra-industry employment disputes.
Securities Regulatory Defense
- We have broad experience helping clients in developing effective and coordinated strategies to defend against investigations and proceedings initiated by the SEC, FINRA, state securities commissions and other self-regulatory organizations, such as the CFP Board.
- We assist our clients in responding to informal inquiries as well as formal investigations by the SEC, FINRA or any state securities commission. This includes working with regulatory staff in the course of their fact-finding and analysis, presenting factual, legal, and policy arguments to persuade the staff not to recommend enforcement proceedings, or persuading the decision-makers not to authorize enforcement proceedings. We defend our clients when proceedings are initiated and negotiate settlements when appropriate.
- We provide clients with candid assessments and evaluations of the possible collateral consequences that the adverse disposition of regulatory proceedings or enforcement actions could have with regard to other regulators, private litigants, and law enforcement authorities.
Multi-Jurisdictional Defense Matters
- Our team is led by a former state securities administrator and NASAA board member who was also a registered representative with a major broker-dealer. This unique background gives us a high degree of practical insight and the ability to formulate solutions that benefit our clients.
- We have substantial experience in evaluating the interplay of various state and federal regulators in enforcement cases, and we assist clients in coordinating defense strategies in order to minimize the potential multi-jurisdictional exposure in such cases.
Broker-Dealer and Investment Adviser Compliance
- We advise clients on investment adviser and broker-dealer regulatory issues under federal and state securities laws, as well as FINRA compliance matters.
- We assist clients with federal and multi-state registration or licensing, along with the ongoing compliance and reporting requirements under the various securities laws. We also advise clients concerning their obligations to report investor complaints, arbitration filings, employee discipline and termination, and regulatory and internal investigations. These include reports filed on Forms U-4, U-5, BD, ADV and RE-3.