Welcome to the SEC Defense Blog, which highlights recent SEC enforcement actions and SEC investigation trends. The blog typically features a particular SEC litigated case or settlement, setting forth the critical facts, the relevant charges, the remedies sought by the SEC, and providing David’s insights on a novel, interesting or in some cases relatively funny facet of the case. As a former SEC prosecutor and now SEC defense lawyer, David brings his thirty years of experience to the table for his clients’ benefit, offering his unique perspective on how the SEC investigates and prosecutes, and explaining the various, often-times subtle factors that drive how a SEC settlement is ultimately reached.
In other instances, this blog will discuss recent trends in SEC enforcement, focusing on macro issues influencing the securities regulators’ approach to enforcing the federal securities laws. These discussions range from shifts in policy and enforcement priority considerations, to the SEC’s increasing reliance on technology and big data that, in turn, influences SEC investigative techniques, to the factors that play into the SEC’s decision to close an investigation without enforcement action or to proceed with a prosecution.
My hope is that the matters discussed and analyzed here will be of interest to a wide segment – securities professionals who have a direct and immediate personal and professional interest, securities lawyers who practice in this SEC enforcement field, and those individuals who unfortunately may find themselves under the cross-hairs of an SEC subpoena and want to educate themselves about the process. Regardless of the audience and the various motivations for those who visit this site, my hope is that you enjoy the content and learn from it.