Firm with an Adviser Issue
Customer claim or regulatory issue? Whether a Financial Adviser has been accused of impropriety by a customer or a regulator has begun asking questions, you will want to retain experienced counsel to address the relevant issues. We have handled both sides of customer claims and disputes with FAs, as well as investigations by the SEC, […]
You reported something — now you’re in trouble
What do I do now? Talk to a lawyer with experience dealing with whistleblowers. Most organizations have policies against retaliating against employees who report potential issues in good faith. Some types of reports may be covered by federal or state laws. A lawyer can help you figure this out and plan your next steps. Is […]
You have noticed something potentially illegal.
First steps Before you report anything, you need to assess whether what you have observed is actually unlawful. Sometimes, someone may have done something that appears to be illegal or unethical but, upon investigation, it is not in fact a legal violation. You should engage with someone who is an expert in assessing such issues […]
How to Determine the “Right” Lawyer for Individuals
Finding the “right” lawyer changes with the context. Insurance—Directors & Officers (“D&O”) Insurance Most companies of any size will have considered purchasing a D&O insurance policy and most corporate insurers will suggest such a policy as a prudent investment. As discussed further below, most corporate by-laws require the company to indemnify and advance to its […]
You’ve been accused of doing something wrong.
You need an advocate We’ve had many clients wrongly accused. And if we’re able to get involved early, we stand a better chance of addressing the issues before they spiral out of control. If an employer or someone else has informed you that they believe you’ve committed a crime or a securities law violation, you […]
Your company is thinking about a lawsuit.
Think first A lawsuit should be a last resort, but discussing the issues with a lawyer shouldn’t be the last thing you do before filing. Getting expert advice up front can save your company a lot of money down the road. A good lawyer can help you shape the issues to lay the groundwork for […]
An Employee May Have Violated the Law
Preserve Information Does the company have an internal investigative function? Is there a process to engage with in-house legal and conduct a privileged investigation? Does the company have a process for collecting and preserving emails, electronic data, and other information? Should the company institute a legal hold to notify holders of relevant information to preserve […]
How to Determine the “Right” Lawyer for Companies
Audit Committee/Board-led Independent Investigation Where a company’s audit committee wishes to conduct an investigation into potential violations (this may happen before any government investigation starts), they should probably not use a law firm that regularly does work for the company. There are a few, related reasons for this. First, any such investigation should be […]
Phases of an SEC Investigation
SEC investigations begin and are tracked, completed, resolved, and ultimately closed in accordance with the SEC’s processes and procedures. Accordingly, the progress of an investigation and the next steps in the process can be understood and anticipated. Matter Under Investigation SEC staff members, after receiving information about potential securities law violations from any of a […]
So you’ve received a subpoena or civil investigative demand
Now that the government has served a subpoena on you, what does it mean and what should you or your company do in response? We’ll speak in the context of an SEC subpoena, but any subpoena issued by the government–whether by the SEC, DOJ, CFTC, or some other agency–will have similar considerations and parallel processes […]