NATIONALLY RECOGNIZED FEDERAL LAWYERS
Last Updated on: 20th September 2023, 02:14 am
Maine SEC Defense Lawyers
Being investigated by the SEC can be a scary and overwhelming experience. But with the right legal representation, you can protect your rights and interests. This article provides an overview of SEC defense lawyers in Maine – who they are, services they provide, and key considerations when choosing counsel.
What is the SEC?
The Securities and Exchange Commission (SEC) is a federal agency that enforces laws related to securities trading and the financial markets. The SEC investigates potential violations like insider trading, accounting fraud, and providing false information about securities.
If the SEC believes violations have occurred, they can impose civil penalties like fines, disgorgement of profits, and bars from the securities industry. They can also refer criminal matters to the Department of Justice for potential criminal prosecution.
Why Hire an SEC Defense Lawyer in Maine?
Here are some key reasons to hire specialized SEC defense counsel if you are facing an SEC investigation in Maine:
- They have extensive experience dealing specifically with SEC rules, investigations, and enforcement actions.
- They understand the complex financial concepts and transactions involved in many SEC cases.
- They can negotiate skillfully with the SEC on your behalf to attempt to minimize penalties.
- They know how to mount aggressive legal defenses to the SEC’s allegations.
- They can guide you through the confusing SEC investigative process.
Choosing the Right SEC Defense Lawyer in Maine
Not all securities lawyers are equally equipped to handle SEC defense work. Here are key factors to consider when vetting SEC defense lawyers in Maine:
- Experience: Look for an attorney with extensive specific experience handling SEC defense cases, not just general securities work.
- Results: Ask about the lawyer’s track record of favorable outcomes in prior SEC cases.
- Resources: Opt for larger law firms with teams of attorneys experienced in SEC defense and litigation.
- Reputation: Choose counsel who are respected by regulators and who maintain good working relationships with SEC staff.
- Communication skills: Effective SEC defense requires being able to clearly explain complex transactions and legal arguments.
- Cost: Rates and fee structures can vary significantly among SEC defense attorneys.
SEC Defense Lawyers in Maine
Key Defense Strategies in SEC Investigations and Enforcement
Experienced SEC defense counsel can employ a variety of strategies to protect the interests of clients involved in SEC matters, including:
- Conducting internal investigations to uncover facts and determine if violations occurred.
- Attempting to convince the SEC no violations took place, through position papers and presentations.
- Working cooperatively with SEC staff to clarify misunderstandings.
- Seeking to settle matters early to avoid litigation.
- Vigorously contesting SEC allegations during litigation via motions to dismiss, discovery battles, depositions, etc.
- Making strategic decisions regarding whether to settle or litigate.
- Avoiding collateral consequences like criminal prosecution or class action lawsuits.
Key Laws and Regulations Governing SEC Defense Work
SEC defense lawyers must have expertise in the complex web of laws, rules, and regulations applicable to SEC enforcement actions and securities litigation. Some key laws and regulations governing SEC defense work include:
- Securities Act of 1933 – The primary law regulating securities issuances and sales. Establishes registration and disclosure requirements for public offerings.
- Securities Exchange Act of 1934 – Created the SEC and authorizes it to register and regulate brokerages and stock exchanges. Also regulates periodic reporting by public companies.
- Investment Advisers Act of 1940 – Governs the registration and conduct of investment advisers.
- Investment Company Act of 1940 – Regulates the organization and activities of investment companies like mutual funds.
- Sarbanes-Oxley Act of 2002 – Imposed major reforms on public company auditing, financial disclosures, corporate governance, and securities regulation in response to major accounting scandals.
- Dodd-Frank Act of 2010 – Brought about sweeping changes to financial regulation, including expanding SEC enforcement powers.
- SEC Rules – There are thousands of SEC rules on topics like mandatory disclosures, insider trading, and more. Examples include Regulation FD, Regulation SHO, Regulation M, and Regulation S-K.
- FINRA Rules – Govern the activities of broker-dealers and securities firms. FINRA works closely with the SEC on enforcement and can impose its own sanctions.
Experienced SEC defense lawyers understand how these laws, regulations, and rules apply to the specific facts at issue in an SEC investigation or enforcement action. They use their expertise to mount the strongest defense possible for clients facing SEC scrutiny.