securities defense

T&L offers a sophisticated securities and financial regulatory defense practice that is founded on more than a decade of experience representing clients in high-stakes, high-profile securities-related investigations and enforcement actions.  We understand how disruptive and potentially damaging a regulatory investigation can be to a client’s business and industry reputation.  We focus on creating an effective strategy to minimize the chances of an investigation turning into an enforcement action. 

Our lawyers have represented clients in countless hours of sworn testimony before the SEC, FINRA and other regulatory and governmental agencies.  Our approach to representing clients in connection with sworn testimony is simple – prepare our clients properly and thoroughly before testimony to ethically and legally limit and mitigate enforcement exposure.  We use the experience garnered through years of representing clients in enforcement actions to anticipate regulatory posture, strategy and tactics to provide our clients with the knowledge – and confidence – to provide truthful on-the-record statements to enforcement authorities that convey maximum defensive positioning.

When an enforcement action is unfortunately inevitable, T&L’s helps clients develop an effective response that involves not only retention, preparation, review and production of documents (and other materials called for by subpoena) and witness preparation, but also business continuity measures such as public relations / reputation management and development and implementation of remedial procedures and safeguards.  This multi-faceted approach has enabled T&L to negotiate dispositions of enforcement actions that permit the continuation of a client’s business – both from the perspective of the regulators and the client’s investors and counterparties.

Selected Securities Defense Services:
  • SEC Audits and Examinations
  • SEC Enforcement Defense (strategy development, subpoena response & case resolution)
  • Sworn testimony preparation and defense
  • FINRA Audits and Examinations
  • Securities litigation
  • State Securities Regulatory Defense
  • Receiverships and Crisis Management
Selected Representative Matters:
  • Representation of a fund of hedge funds manager in connection with the defense of investigations by the SEC, United States Department of Justice, CFTC and UK FSC
  • Representation of FINRA Broker-Dealer in connection with defense and resolution of mutual fund “market timing” / late trading enforcement actions brought by the SEC
  • Representation of a fund of hedge funds manager and registered investment advisor in connection with potential “claw back” claims by the Bernard L. Madoff Receivership
  • Representation of a hedge fund manager and registered investment advisor in connection with defense and resolution of SEC enforcement action alleging violations of Rule 105
  • Representation and defense of hedge fund manager in connection with SEC investigation, bankruptcy action and claw-back litigation in connection with +$400 million Ponzi scheme
  • Representation of hedge fund manager in connection with SEC enforcement investigation (resulting in decision by senior SEC enforcement official to decline further investigation)