Securities Litigation, Enforcement & Regulatory
Our securities practice is comprised of experienced attorneys, several of whom have held senior positions at the SEC, the DOJ, the Manhattan U.S. Attorney’s Office, and the OCC. While a good number of our attorneys are skilled in handling inquiries, litigation and enforcement matters brought by government entities, SROs, and private parties, many others have deep subject matter expertise in areas relevant to the business, products, services, operations and compliance needs of asset managers, broker-dealers, and commercial and investment banks. BuckleySandler attorneys also have substantial experience and subject matter expertise in Foreign Corrupt Practices Act compliance and due diligence, anti-money laundering counseling, and customer data privacy and security obligations.
Our team-oriented approach pulls together our subject matter experts and our enforcement and litigation attorneys to provide clients with integrated strategies that effectively anticipate, respond to, and, where appropriate, defend against actions initiated by government agencies, SROs, and private litigants. We have experience handling matters ranging from the most sophisticated securities class actions to in-depth government investigations, to providing regulatory advice and assistance in building compliance programs, performing risk assessments, and preparing for inspections and examinations.
BuckleySandler lawyers represent public companies, financial services firms, and audit firms as well as their officers, directors, senior managers, partners, and employees in investigations and enforcement proceedings brought by the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), the Department of Justice, state Attorneys General, and other governmental agencies.
Our attorneys have frequently defended corporate and individual clients in concurrent criminal, civil enforcement and legislative investigations. We provide advice and counsel at every stage of these proceedings, including:
- Handling the initial information requests
- Producing documents
- Preparing witnesses for and defending them during testimony
- Drafting Wells submissions
- Making presentations
- Negotiating with the relevant staff to ensure the best possible outcome
We are able to guide clients to amicable settlements or assess litigation options and defend against enforcement proceedings in court or before regulatory tribunals.
We also conduct internal investigations on behalf of private and public companies, their boards, audit committees, and special committees, and routinely provide advice to clients as to the best ways to establish and implement compliance programs.
Our litigation experience includes:
- Defense of actions for securities fraud and misrepresentation, including class actions and individuals
- Derivative actions involving claims of breach of fiduciary duty and related torts
Regulated Entity Compliance
BuckleySandler’s attorneys are experienced in understanding and dealing with the unique demands of regulators whether in the context of a routine inspection or a for cause examination. Our lawyers advise broker-dealers, investment advisers, banks, and integrated financial services providers on the full spectrum of regulatory and compliance obligations affecting their industry, and counsel on Enterprise Risk Management best practices, including:
- Drafting and reviewing policies and procedures and codes of ethics
- Implementing data privacy, security and retention policies and procedures
- Drafting, reviewing, and negotiating agreements with third parties including broker-dealers, banks, other funds, other investment advisers, and vendors
- Drafting solicitation agreements and related client disclosures
- Preparing for and responding to regulatory examinations, inquiries and enforcement proceedings
- Managing and auditing third party asset custodians
- Training employees on current insider trading legal authority and establishing systems to monitor their securities trading
- Implementing anti-money laundering detection and reporting programs