Securities Enforcement & Compliance

Our Securities Enforcement & Compliance Practice provides sophisticated legal guidance and defense in government enforcement proceedings, internal investigations, regulatory examinations, whistleblower claims and shareholder and class action lawsuits.  We represent companies and individuals confronted with complex securities enforcement matters related to the federal and state securities laws, financial regulations and accounting standards.

We work closely with clients as strategic business partners in proceedings before government and regulatory  bodies, including the Securities Exchange Commission (SEC), Department of Justice (DOJ), Financial Industry Regulatory Authority (FINRA), Commodity Futures Trading Commission (CFTC), Public Accounting Oversight Board (PCAOB), Consumer Financial Protection Bureau (CFPB), stock exchanges and inspectors general offices. Our clients include securities firms, public companies, financial institutions, investment funds, accounting firms and board of directors, as well as individuals, such as securities traders, investment professionals, executives, directors, compliance officers and lawyers.

Our Securities Enforcement team includes former senior federal enforcement attorneys, in-house counsel and public company executives. Leveraging the extensive experience of the firm’s Public Company Advisory Practice Group, which is currently engaged by more than 35 public companies as corporate and securities counsel, the team provides holistic counsel with the entire scope of the clients’ business objectives in mind. Clients say Bass, Berry & Sims "provides a New York level of expertise and skill, but at smaller market rates, which is really valuable" (from Chambers USA 2020), and that the firm is "a go-to firm for securities matters" (from Chambers USA 2019), and that we "go toe to toe on expertise with New York firms." (from Chambers USA 2018).

Our Securities Enforcement team handle matters involving a wide range of legal and compliance issues, including:

• Securities trading and execution
• Investment advice
• Portfolio management
• Corporate disclosure and reporting obligations
• Insider trading
• Financial reporting and accounting requirements
• Securities fraud
• Securities registration and offering rules
• Anti-money laundering regulations
• Bank regulations and fraud
• Mortgage regulations and fraud
• Anti-corruption and the Foreign Corrupt Practices Act (FCPA)
• Troubled Asset Relief Program (TARP)
• Shareholder disputes

Experience

• Successful Defense of SEC Investigation into Accounting and Disclosure Issues
  We successfully represented a public company in an 18-month Securities & Exchange Commission (SEC) investigation related to accounting and disclosure...
• Successful Defense of SEC Investigation into Alleged Improper Accounting Practices
  We successfully represented a company in a confidential Securities & Exchange Commission (SEC) investigation arising from a former employee's complaint...
• Internal Investigation of Anti-Money Laundering Violations
  We advised a multinational company in review of potential anti-money laundering violations.
• Resolution of DOJ Investigation Involving Medical Device Manufacturer
  ArthroCare Corporation agreed to pay $30 million and entered into a deferred prosecution agreement to end a five-year U.S. Department...
• Assisted on Anti-Bribery Due Diligence
  We assisted a U.S. financial services firm to understand and meet its anti-bribery due diligence obligations.
• Special Litigation Committee of Almost Family, Inc.
  We served as lead counsel for the Special Litigation Committee created by the board of directors to investigate allegations of...
• Regulatory Auditor for the NYSE
  The firm was approved by the SEC to serve as the Regulatory Auditor for the NYSE from 2005 to 2013,...
• Regulatory Auditor for the NYSE Amex LLC
  In September 2009, the firm was retained by the Amex, and confirmed by the SEC, to serve as the third-party...
• Internal Investigation for Assisted Living Provider
  We conducted internal investigations for a leading provider of independent living, supportive living, assisted living and memory care services at...
• DOJ Inquiry Into Interlocking Directors
  We represented a healthcare client in a Department of Justice (DOJ) inquiry regarding interlocking directors.

Professionals