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Defending An SEC Investigation

(162 reviews)

Produced on October 05, 2020

$ 89 Business, Corporate, & Securities In Stock
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Course Information

Time 1h 3m
Difficulty Intermediate
Topics covered in this course: Business, Corporate, & Securities

Course Description

Securities enforcement has recently seen many new developments, from technical modifications such as those implemented in response to COVID-19 shelter-in-place requirements, to substantive refocusing of enforcement efforts on novel issues such as cryptocurrencies and SBA loan frauds, and renewed attention on traditional frauds such as foreign corrupt practices act violations and insider trading. Increasingly, clients who may never before have had any expectation of being involved with the U.S. Securities and Exchange Commission are now finding themselves caught up in SEC investigations. In this current environment, it is important for attorneys to have a sense of how to handle a modern SEC investigation.

In this program, Jason Pickholz, founder of The Pickholz Law Offices LLC, a securities attorney with 25 years of experience handling SEC investigations and an author of the two-volume treatise Securities Crimes, and Seth T. Taube, a partner of Baker Botts LLP and a former Branch Chief of Enforcement, New York Office of the SEC and Special Assistant US Attorney for the Southern District of New York, will walk attorneys through the handling of an SEC investigation from inception through conclusion.

Learning Objectives:

  1. Identify the different sources from which an SEC investigation might be instituted
  2. Review some key first steps that a securities attorney should consider
  3. Evaluate “best practices” for responding to SEC requests for client documents and testimony
  4. Navigate conflict of interest and multiple representations
  5. Consider cases involving, or potentially involving, parallel proceedings by other agencies or regulators
  6. Analyze unique aspects of international investigations

Credit Information

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Jason Pickholz

The Pickholz Law Offices LLC

Jason Pickholz has been representing individuals and companies in connection with white collar and securities investigations since 1995.  Among his notable white collar and securities defense cases, Mr. Pickholz has represented a former U.S. Senator in connection with an investigation into a public pension fund; a public company and its CEO in an SEC investigation related to the federal multi-agency COVID-19 taskforce; a company in a CFTC case involving digital assets and binary options; a senior executive officer of a billion dollar mutual fund family in the SEC’s market timing investigations; and a leading specialist in the NYSE Floor Specialist cases.  He was counsel in the first disciplinary case brought by FINRA; two cases that Crain’s referred to as among the largest stock fraud cases of the early 21st century involving New York-based companies; and the first anti-money laundering case brought by FinCen and the NYSE together against an NYSE member firm.

Since the SEC whistleblower program was created in 2010, Mr. Pickholz has also been representing SEC whistleblowers.  He was the first lawyer ever to win an SEC whistleblower award for a client on appeal to the Commission.  Inside Counsel magazine named this as one of the “Five milestones in the Dodd-Frank whistleblower reward program”. It is still one of only three times that the Commission has overruled an award denial by its Claims Review Staff in the ten-year history of the SEC whistleblower program.

Mr. Pickholz is a co-author of the two-volume book Securities Crimes, published by Thomson Reuters. He is also the creator of www.secwhistleblowerinformation.com, a free on-line encyclopedia for SEC whistleblowers and SEC whistleblower lawyers.

Mr. Pickholz has appeared on Fox Business News, BBC News, and Bloomberg Radio. He has been quoted by the print media numerous times, spoken on many panels and programs, and written several articles for the New York Law Journal, Securities Regulation Law Journal, Journal of Financial Crime (Cambridge University, England), Law 360, and various other publications.

Prior to starting his own law firm, Mr. Pickholz was a partner at one national law firm, and served as an Advisory Member on the Board of Directors of another national law firm.  He began his career as a federal law clerk to a U.S. District Court Judge for the Southern District of New York.

In recognition of Mr. Pickholz’s achievements, he was elected by his peers to be a Fellow of The New York Bar Foundation, an honor that is granted to just 1% of the 70,000+ lawyers in the New York State Bar Association.

Seth T. Taube

Baker Botts LLP

Seth Taube, a former federal prosecutor and SEC official with over forty years of trial experience, handles securities and commercial litigation, SEC and state attorney general defense, corporate governance, and white-collar criminal defense matters in federal and state courts. He has also handled bankruptcy litigation and energy disputes.

Mr. Taube has defended both the New York Stock Exchange and self-regulator FINRA in SEC matters, as well as senior executives, investment bankers, and financial services institutions in SEC, state attorney general, and DOJ inquiries; acted as liquidator's lead counsel for a significant hedge fund collapse; has defended senior management of a leading stock research company in SEC investigations; and has handled financial restatement cases, FCPA inquiries, option backdating investigations, mortgage-backed securities matters and inquiries of major mutual funds and their senior executives by the SEC and state attorneys general. Mr. Taube has extensive experience in international litigation and inquiries, securities-related regulatory and internal investigations as well as securities and international arbitrations.

Mr. Taube served as Branch Chief of Enforcement at the New York Regional Office of the SEC. He was awarded the Manuel Cohen Distinguished Lawyer Award by the Commissioners in 1982 and served as a Special Assistant United States Attorney in the Securities Crime Unit of the United States Attorney's Office for the Southern District of New York.

Mr. Taube is currently teaching International Trade Law at Benjamin Cardozo School of Law and has taught courses on mergers, acquisitions, and corporate litigation at Seton Hall Law School. He was also general counsel of an investment bank.


Jeremy A.

Confirmed my interest in the subject.

Kathryn D.

Nice overview in an hour of the elements of an SEC investigation. Lots to cover for sure, but well done by the speakers.

William J.

One of the best progams, on any legal topic, I have ever seen. Presenters were knowledgeable, and they made clear and practical points. Could have easily been 1.5 hours (to avoid rushing the presentation, and maybe add some details). Overall, tremendous job.

Daniel G.

Very good overview of SEC investigations. I have a little experience in this area, and the presenters' comments seemed right on point.

Gregory L.

Mr. Pickholz and Mr. Taube illustrating the statutes and rules from their great experience made the course especially worthwhile.

George A.

Often two presenter formats aren’t that great. I thought these two were excellent

Thomas W.

Excellent job. Thank you.

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