When SEC Knocks: 8 Immediate Actions for Every Company


Posted on January 30, 2017, by Drinker Biddle in General, Guidance. Comments Off on When SEC Knocks: 8 Immediate Actions for Every Company

Philadelphia partner Mary Hansen and counsel Stephen Stroup authored an article for Law360 titled “When SEC Knocks: 8 Immediate Actions for Every Company.” The article details the essential steps that an investment company or public company should undertake to best position itself from the outset during an SEC formal or informal investigation. These steps include:

  • Retaining experienced SEC counsel;
  • Promptly contacting the SEC staff;
  • Preserving potentially relevant documents;
  • Examining pertinent insurance policies;
  • Assessing external disclosure obligations;
  • Conducting internal inquiries;
  • Identifying probable conflicts of interest; and
  • Weighing the benefits of cooperation.

While every SEC investigation presents its own set of challenges, by considering and implementing the items above, a company is likely to be better positioned to handle such tests.

Read “When SEC Knocks: 8 Immediate Actions for Every Company.”





Comments are closed.



From the Blog:

The Robare Ruling Regarding “May” Disclosures and “Willfulness”

Over the last year, the SEC has continued to intensify its focus on disclosures from investment advisers on Forms ADV regarding several issues, including—but...

SEC Issues Risk Alert Regarding Reg S-P, Privacy, Safeguarding, and Registrant Compliance

The SEC’s OCIE recently issued a Risk Alert focusing on compliance issues related to Regulation S-P, the primary SEC rule governing compliance practices for...

The SEC Speaks . . . and Cooperation is Key

SEC Speaks, the SEC’s annual conference in Washington, D.C., often provides valuable insight into developments at the agency, as well as pronouncements about policy...