REGULATORY DEFENSE

For over two decades, Kevin has represented individuals and businesses ensnared in regulatory investigations and enforcement actions. These investigations and regulatory actions are conducted and litigated by a variety of government agencies including the U.S. Securities and Exchange Commission (“SEC”), the Financial Industry Regulatory Authority (“FINRA”), the Commodities Futures Trading Commission (“CFTC”) and various state securities and insurance regulators. 

At every step of the way, we work with our clients to ensure that they are responding to the government investigation in a productive way. In the early stages, that means we work with our clients to gather all the relevant information and analyze their legal exposure. Our analysis of our clients’ legal exposure includes not just the investigation at hand, but also of any related “ripple effects” that may arise with, for example, other state or federal regulators or even law enforcement. As the investigation proceeds, we interface with the government investigators to ensure transparent communication and to help present an appropriate view of our clients. 

Under the right circumstances, we are often able to resolve the government investigation with a minimum of business disruption to our clients. These most favorable outcomes can take the form of either “no action letter” issued by the regulator indicating that they have closed their investigation and decided to take “no action” against our client, or with a “letter of caution” issued by the regulator indicating that while they have detected some low-level wrongdoing, they have concluded that a caution—rather than any formal legal action—is the most fitting outcome.

At times, government investigators conclude that stronger steps are justified and open the door to a negotiated resolution. In these situations, we work with our clients to evaluate the strength of the government’s case and of our possible legal defenses. Once we have completed that analysis, we counsel our clients about the range of possible outcomes if they were to choose to litigate rather than settle their cases. If our clients choose to settle, then we work to secure the most favorable possible terms so that they can continue with their businesses with a minimum of disruption and financial exposure.

If the government regulator is not amenable to a negotiated resolution, or if our clients choose to contest the government’s allegations, then we advocate for our clients in several forums, including state and federal court and a variety of administrative forums. 

As trial lawyers and seasoned regulatory defense counsel, we have the experience and expertise to zealously defend our clients in each of these scenarios. At the end of the day, we help our clients decide on the path that makes the most sense for them and then work to achieve their goals.

If you are a financial advisor, registered investment advisor, insurance company, hedge fund or broker-dealer and you have become involved in regulatory investigation, you will need experienced defense counsel to navigate these perilous waters. Please contact us for a free confidential initial consultation.