We regularly represent investment professionals and other licensed individuals in investigations or enforcement actions initiated by regulatory agencies. We have handled FINRA investigations relating to unauthorized trading, failure to perform due diligence, failure to disclose, lack of supervision, excessive markups, best execution, and regularity complaints resulting from customer arbitrations or litigation. We have handled dozens of such investigations, and are asked to handle particularly sensitive matters when our clients believe an investigation may be initiated. We also handle SEC matters relating to similar conduct, including SEC actions convened against RIA firms resulting from either annual audits or specific areas of regulatory emphasis. We know the regulatory process, potential pit falls, and how to navigate such matters, particularly when there is pending or potential litigation that may arise out of the same alleged conduct. We recognize that these types of investigations or inquiries carry significant risk, that often goes beyond simply financial risk, and we handle such matters with a particular sensitivity to those concerns. This area is a specialized one, and we have a breadth of knowledge and expertise that comes from significant experience handling such matters.
In addition to regulatory defense, we also provide regulatory counseling services for broker dealers and investment advisors who are newly formed or who are moving into new business areas in the financial services arena. We are experienced in preparing compliance procedures, in counseling clients experiencing challenges in the regulatory examination process, in assisting in new member applications and changes in broker dealer memberships and similar matters.