SEC enforcement investigations cover a wide range of targets and witnesses, from the big investment banks and their employees, to public companies to private companies who are soliciting investments, small companies. The SEC conducts its investigations privately, and does so by requesting voluntary cooperation or issuing subpoenas for documents and […]
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Arbitration, Brokers, Featured Articles, Investors, Primer
What is Securities Arbitration?
Securities arbitration has become the most often-used method of resolving disputes in the securities industry. Since the late 1970’s, FINRA and its predecessors have required brokerage firms and stock brokers into securities arbitration to resolve their disputes with each other, and with their customers. That requirement led to brokerage firms […]
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Whistleblower
Understanding the SEC Whistleblower Program
A look into the workings of the SEC Whistleblower Program. Is it any surprise that Whistleblowers who are represented by securities attorneys might do better presenting tips than those who are represented by non-securities attorneys? What is the SEC Whistleblower Program? The SEC Whistleblower Program is a vital component […]
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FAQ, Featured Articles, Investors, Primer, Securities Law Dictionary
What is a Security?
A security is a form of ownership in an entity. While some believe that in order to be a security the instrument must be traded on a market, the legal definition of a security is much broader. The definition is important, because if the instrument is a security, then the federal and state securities laws apply to the purchase and sale of that instrument. We define and explain the different types of securities
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Brokers, Compliance
SEC Subpoenas – Tips for Responding – 2025
How you respond to an SEC subpoena makes a difference. Tips from an experienced securities attorney.
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Compliance, Brokers, Whistleblower
Whistleblowers Need Lawyers
By Mark J. Astarita, Esq. Navigate the SEC whistleblower process with our comprehensive guide. Learn how to report financial misconduct confidently and protect your identity. A detailed walkthrough ensures you understand each stage, empowering you to play a crucial role in maintaining integrity in the financial sector. The SEC whistleblower […]
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Primer, Enforcement
Can The SEC Bring Criminal Charges?
While the SEC has extremely broad investigative and enforcement powers, it cannot file criminal charges. It can, and often does, work with the Department of Justice and the United States Attorney’s Office to bring those charges. The SEC and the DOJ often work together, with the SEC sending its more […]
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News
Robinhood’s CEO is not Licensed?
CNN is reporting that the CEO of Robinhood is not licensed with FINRA and implies that he is required to be licensed and that it is a “big deal” that he is not licensed. CNN is correct that absent an exemption, FINRA requires senior executives of a broker-dealer, including the […]
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News
Three Fallacies Of Wealth Creation, And Three Antidotes
Three Fallacies Of Wealth Creation, And Three Antidotes If you can see through these misperceptions about assets, you can be a better investor. #seclaw #securitiesattorney #securitieslawyer https://www.forbes.com/sites/baldwin/2021/03/20/three-fallacies-of-wealth-creation-and-three-antidotes/ —– Coast-to-coast representation of investors and financial professionals – Securities Lawyer
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Arbitration, Investors, News
End Mandatory Arbitration?
Elizabeth Warren has once again taken up the charge to end pre-dispute arbitration agreements, which she calls “forced arbitration.” I have addressed the topic on numerous occasions and while I am a fan of arbitration, pre-dispute arbitration agreements can be an issue, particularly in consumer cases, such as car rental […]
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News
SEC Issues Amendments, Seeks Public Comment on Holding Foreign Companies Accountable Act
The Securities and Exchange Commission has adopted interim final amendments to implement congressionally mandated submission and disclosure requirements of the Holding Foreign Companies Accountable Act (HFCA Act). The interim final amendments will apply to registrants that the Commission identifies as having filed an annual report on Forms 10-K, 20-F, 40-F, […]
Recent Posts
Financial Professionals
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What the SEC’s 2026 Examination Priorities Mean for Investment Advisers
November 17, 2025Every year the SEC publishes its Examination Priorities for the coming year. We reviewed those priorities with a focus on SEC [...] -
9 Proven Strategies for Defending an SEC Investigation
November 14, 2025In today’s complex regulatory environment, facing an SEC investigation can pose an existential threat for public companies. It [...] -
Tips for a Successful Securities Mediation
November 11, 2025Securities arbitration is a proven method for resolving disputes in the securities industry. It is a quicker and more [...] -
Should Brokers and Firms Share a Lawyer?
November 7, 2025By Mark J. Astarita, Esq. A repeating question on my website comes from brokers who are named in an arbitration proceeding by [...]
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SEC’s Division of Investment Management to Host Third Annual Conference on Emerging Trends in Asset Management
May 27, 2025The Securities and Exchange Commission’s Division of Investment Management announced it will host the third annual Conference [...] -
By Building Wealth, Investors Power U.S. Economy
April 2, 2025How Investing Fuels the U.S. Economy and Builds Your Financial Future The SEC Shines a Light on Investing During National [...]
- FINRA Proposes Changes to Reporting Outside Business Activities
- SEC Seeks Candidates for Membership on the Investor Advisory Committee
- Advisers Settle SEC Charges for Acting as Unregistered Brokers
Investors
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Tips for a Successful Securities Mediation
November 11, 2025Securities arbitration is a proven method for resolving disputes in the securities industry. It is a quicker and more [...] -
SEC Seeks Public Comment to Improve Rules on Residential Mortgage-Backed Securities and Asset-Backed Securities
September 26, 2025The SEC recently issued a concept release inviting public input aimed at refining the regulatory framework for residential [...] -
SEC Releases New Data on Broker-Dealers, M&A, and BDCs: Key Insights for Investors
June 29, 2025On June 26, 2025, the Securities and Exchange Commission’s Division of Economic and Risk Analysis (DERA) published new reports [...] -
SEC’s Division of Investment Management to Host Third Annual Conference on Emerging Trends in Asset Management
May 27, 2025The Securities and Exchange Commission’s Division of Investment Management announced it will host the third annual Conference [...] -
By Building Wealth, Investors Power U.S. Economy
April 2, 2025How Investing Fuels the U.S. Economy and Builds Your Financial Future The SEC Shines a Light on Investing During National [...] -
What is a Ponzi Scheme
March 26, 2025Arbitration
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Tips for a Successful Securities Mediation
November 11, 2025Securities arbitration is a proven method for resolving disputes in the securities industry. It is a quicker and more [...] -
What is Securities Arbitration?
June 1, 2025Securities arbitration has become the most often-used method of resolving disputes in the securities industry. Since the late [...]
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What Does a Securities Lawyer Do?
July 8, 2024Mark J. Astarita, Esq. is a nationally recognized securities attorney, representing clients in securities investigations, [...]
- SEC Investor Advocate’s Recommendations on Arbitration and Index-Linked Annuities
- Arbitration Claims Filed Against Stifel Broker Chuck Roberts
- Securities Arbitration Overview-2023 Update
Enforcement
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9 Proven Strategies for Defending an SEC Investigation
November 14, 2025In today’s complex regulatory environment, facing an SEC investigation can pose an existential threat for public companies. It [...] -
Should Brokers and Firms Share a Lawyer?
November 7, 2025By Mark J. Astarita, Esq. A repeating question on my website comes from brokers who are named in an arbitration proceeding by [...]
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What is Securities Arbitration?
June 1, 2025Securities arbitration has become the most often-used method of resolving disputes in the securities industry. Since the late [...]
- What is a Ponzi Scheme
- How SEC Investigations Work: Process, Defense Strategies & Legal Guidance
- What Happens If I Ignore an SEC Subpoena?
Featured Articles
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9 Proven Strategies for Defending an SEC Investigation
November 14, 2025In today’s complex regulatory environment, facing an SEC investigation can pose an existential threat for public companies. It [...] -
Time to Update the SEC’s Wells Process
September 6, 2025We have written about the SEC’s Wells process in the past. A Wells Notice is a notice from a regulator that it intends to [...] -
What is Securities Arbitration?
June 1, 2025Securities arbitration has become the most often-used method of resolving disputes in the securities industry. Since the late [...]
- SEC Charges Multiple Individuals and Entities in Relationship Investment Scams
- Federal Securities Law, a Securities Lawyer Guide
- What is a Security?
Whistleblowers
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Sallah Astarita & Cox Obtains $12 Million Whistleblower Award
October 21, 2024SEC Awards $12 Million to Whistleblowers Exposing Penny Stock Fraud Last week, the Securities and Exchange Commission (SEC) [...] -
SEC Issues Awards Totaling $98 Million to Two Whistleblowers
August 23, 2024The SEC’s Landmark Whistleblower Awards The Securities and Exchange Commission (SEC) recently made headlines by awarding [...] -
SEC Whistleblower Award: A $37 Million Milestone
July 17, 2024The SEC has granted over $37 million to a whistleblower. This individual provided previously unknown information to the [...] -
Supreme Court Upholds Corporate Whistleblower Protections
February 9, 2024February 8. 2024 – The U.S. Supreme Court issued a unanimous ruling holding that whistleblowers do not need to prove that [...] -
Monolith Resources Settles SEC Charges Violating Whistleblower Protection Rules
September 8, 2023Sept. 8, 2023 — The Securities and Exchange Commission (SEC) has announced settled charges against Monolith Resources LLC, a [...]
- Record-Breaking SEC Whistleblower Awards: $104 Million Rewarded to Seven Individuals
- Inside the SEC Whistleblower Office
- SEC Awards More Than $104 Million to Seven Whistleblowers
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Other News
What the SEC’s 2026 Examination Priorities Mean for Investment Advisers
Every year the SEC publishes its Examination Priorities for the coming year. We reviewed those priorities with a focus on SEC Examinations for Advisers, with a view towards where examiners will be spending their time—and where advisory firms should be concentrating their compliance resources. See the full FY 2026 Exam […]
9 Proven Strategies for Defending an SEC Investigation
In today’s complex regulatory environment, facing an SEC investigation can pose an existential threat for public companies. It also affects private funds, investment advisers, and broker-dealers. The key to mounting a resilient defense lies in early action, clear strategy, and rigorous discipline. I am a securities attorney specializing in regulatory investigations. I’ve outlined nine essential steps to help you defend against SEC scrutiny. These steps will protect your reputation and ensure business continuity.
What Triggers an SEC Investigation
The SEC’s enforcement division investigates potential violations of securities laws and regulations. Several triggers can lead to an SEC investigation: Tips and Complaints: The SEC often receives tips and complaints from whistleblowers, investors, industry insiders, or the public. If these tips suggest potential securities law violations, the SEC may investigate. Market […]
Deputy Director of Enforcement Antonia M. Apps to Conclude Her Tenure at the SEC
The Securities and Exchange Commission today announced that Antonia M. Apps, Deputy Director of the Division of Enforcement (Northeast), will conclude her tenure with the agency effective Dec. 1, 2025. “I thank Antonia for her steadfast leadership in… SEC Press Release For more information, contact the securities lawyers at Sallah […]
Tips for a Successful Securities Mediation
Securities arbitration is a proven method for resolving disputes in the securities industry. It is a quicker and more cost-effective alternative to traditional court proceedings. With increasing frequency, investors and advisors are turning to mediation to make the process even more effective. Mediation is a form of alternative dispute resolution […]
FINRA Fines First Trust $10 Million for Non-Cash Compensation Violations: A Warning on Supervisory Oversight and Cultural Drift FINRA’s latest $10 million sanction against First Trust Portfolios L.P. marks one of the largest penalties tied to non-cash compensation practices in recent years—and underscores how seemingly routine client-entertainment activity can evolve […]
SEC Issues Order to Reduce Operating Costs of Consolidated Audit Trail
Steps Toward Regulating the Cost of the CAT The SEC has issued a new order granting conditional exemptive relief toward certain requirements under the Consolidated Audit Trail NMS Plan (“CAT NMS Plan”), Regulation NMS Rule 613, and Rule 17a-1 under the Securities Exchange Act of 1934. This relief enables the self-regulatory […]
SEC Issues Exemptive Order Regarding Compliance with Certain Rules Under Regulation NMS
The Securities and Exchange Commission today issued an order granting temporary exemptive relief from certain compliance dates adopted under Regulation NMS: Minimum Pricing Increments, Access Fees and Transparency of Better Priced Orders as follows:… SEC Press Release For more information, contact the securities lawyers at Sallah Astarita & Cox, at […]
SEC Announces Departure of Director of Office of the Advocate for Small Business Capital Formation Stacey Bowers
The Securities and Exchange Commission today announced that Stacey Bowers, who has served as the Director of the Office of the Advocate for Small Business Capital Formation, will depart the agency effective October 17, 2025. She has served as Director… SEC Press Release For more information, contact the securities lawyers […]
SEC Continues Efforts to Assist Market Participants During Implementation of Treasury Clearing Rules
The SEC has increased its support for broker-dealers and other market participants navigating the transition to mandatory central clearing of U.S. Treasury securities. The Commission launched a dedicated “one-stop” webpage providing up-to-date information, staff statements, regulatory materials and answers to frequently asked questions. (SEC) Background to the Treasury Clearing Rule […]
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