Nashville SEC Defense Lawyers – Your Guide to Finding the Right Attorney

Hey y’all! If you’re reading this, you’re probably looking for information on SEC defense attorneys in Nashville. Well, you’ve come to the right place. I’m here to give you the down low on everything you need to know about finding the best lawyer for your SEC case.

First things first – dealing with the SEC is no joke. Their investigations can get real serious, real fast. So you need someone on your side who knows their stuff. Don’t just go with any old lawyer. Make sure they specialize in securities cases and have experience specifically with the SEC.

What to Look for in an SEC Defense Attorney

Here’s what you need to be on the lookout for when vetting attorneys:

• Expertise in securities litigation – this is a must!
• Experience defending clients in SEC investigations and enforcement actions
• Knowledge of SEC rules, regulations and procedures
• Ability to negotiate settlements with the SEC
• Litigation skills to take your case to trial if necessary
• Good relationships and credibility with SEC staff

Of course, it also helps if they’re familiar with the federal courts here in Nashville. Homefield advantage could make a difference.

Where to Find Qualified Nashville SEC Lawyers

Now that you know what to look for, where do you find these mythical creatures? I’d suggest starting with these options:

1. Bass, Berry & Sims – This respected Nashville firm has a ton of experience in securities enforcement and litigation. Top notch lawyers here.
2. Frost Brown Todd – They have an SEC defense practice group specifically focused on these types of cases.
3. Sherrard Roe Voigt & Harbison – Not as well known as the first two, but still capable SEC defense attorneys.
4. Waller Lansden Dortch & Davis – Longtime Nashville firm with seasoned securities litigators.

Those are some of the bigger firms to look at. There’s also a number of smaller boutique firms and solo practitioners around town that handle these cases too.

Questions to Ask a Potential SEC Defense Lawyer

Once you’ve identified some attorneys to meet with, make sure you ask the right questions, like:

• How many SEC cases have you handled in the past 5 years?
• What were the outcomes of those cases?
• Are you experienced with the specific securities laws I’m being investigated for?
• Who in your firm will be working on my case day-to-day?
• What SEC contacts do you have that could help resolve my case?
• What are your fees and billing practices?

Don’t be afraid to grill them! This is a big deal, so make sure you vet them thoroughly.

Understanding the SEC Investigation and Enforcement Process

Before deciding on a lawyer, it helps to understand how the SEC conducts investigations and enforcement actions. Here’s the gist of it:

1. Informal inquiry – SEC gathers basic info about potential securities law violations
2. Formal investigation – SEC issues subpoenas to collect documents and testimony
3. Wells notice – Notification that SEC staff plans to recommend enforcement action
4. Settlement negotiations – Discussions to settle the charges and avoid litigation
5. SEC enforcement action – Civil complaint filed in federal court

Having a knowledgeable attorney during this whole process is critical. They can interact with SEC staff, negotiate settlements, and defend you in court if it comes to that.

Key SEC Defense Strategies

Experienced SEC defense lawyers have a whole toolbox of tactics they can use, including:

• Contesting the SEC’s factual allegations and legal theories
• Asserting affirmative defenses, like good faith reliance on professionals
• Negotiating settlements to avoid litigation
• Arguing against monetary penalties and bars from the securities industry
• Navigating the Wells notice process to avoid enforcement action
• Presenting cooperating witnesses and evidence favorable to the defense

Having someone who knows how to work the system can make or break your case.

Nashville Rules and Resources for SEC Defense Lawyers

Good Nashville SEC attorneys will be well-versed in the local rules and resources relevant to defending these cases, such as:

• The Tennessee Supreme Court Rule 7 on licensing attorneys to practice law in the state
• The appointment process for indigent defendants under Tennessee Supreme Court Rule 13
• The U.S. District Court for Middle Tennessee’s legal intern program allowing law students to assist on cases
• Local federal court rules, standing orders, and practices
• Nashville Bar Association resources and networks

Knowing how to navigate the local legal landscape can give Nashville attorneys a leg up.

Be Wary of SEC Defense Attorney Scams

As with any high-stakes legal situation, SEC cases unfortunately attract their share of shady operators. Be on the lookout for red flags like:

• Claims they can make SEC charges disappear entirely
• Requests for large upfront payments before doing any real work
• Unable to provide detailed case examples and outcomes
• Lack of established office, support staff, malpractice insurance, etc.
• Aggressive sales tactics and far-fetched promises

Stick to seasoned attorneys from reputable firms and you should be fine.

The Cost of Hiring an SEC Defense Attorney

Good representation doesn’t come cheap in these cases. Some typical fee structures:

• Hourly rates – Can range from $300 to $800+ per hour for experienced securities litigators
• Retainers – Many firms require an upfront payment that can be $25,000 or higher
• Contingency fees – Some lawyers may take a portion (25-33%) of any financial recovery

Make sure you understand the lawyer’s fee structure in advance so there are no surprises.

Should You Settle or Fight SEC Charges?

Generally, settling with the SEC is faster, cheaper, and less risky than fighting in court. Typical settlement terms include:

• Paying a fine
• Disgorging any ill-gotten gains
• Agreeing to injunctions or bars from the industry
• Waiving the right to deny the allegations

Your lawyer can advise if you have a strong enough case to make fighting worth the time and expense.

SEC Defense FAQs

Here are answers to some frequently asked questions about defending against SEC charges:

What are common SEC violations?

Insider trading, accounting fraud, misleading investors, unregistered securities sales, Ponzi schemes, and more. Lots of ways to get in hot water!

What are the most common SEC penalties?

Fines, disgorgement of profits, bars from the industry, and injunctions prohibiting future violations. Jail time is rare.

Can I recover damages from the SEC?

No, the SEC has sovereign immunity. You can only recover legal fees in very limited cases.

Should I testify in my SEC investigation?

Talk to your lawyer, but often it’s advisable to assert your Fifth Amendment rights. Testimony can be used against you.

How long do SEC investigations take?

Typically 1-2 years, but can be longer for complex cases. The Wells notice comes about mid-way through.

Find the SEC Defense Lawyer That’s Right for You

Phew, that’s a lot of info! The main takeaway is – don’t wait to find an experienced Nashville SEC attorney you trust. Interview several candidates to find the best fit. They’ll be your guide through this process and can mean the difference between a reasonable settlement and a lengthy court battle.

Best of luck and let me know if you have any other questions! I’m always happy to chat about finding legal help in Nashville.