One of the most consequential developments in securities litigation has been the SEC’s shift toward permitting companies to issue stock conditioned on mandatory arbitration of investor disputes. If broadly adopted, this approach could fundamentally reshape the enforcement landscape—providing issuers with a powerful mechanism to sidestep class actions while simultaneously inviting […]
Author: Mark J. Astarita
Responding Effectively to FINRA Rule 8210 Requests: Key Strategies and Why Legal Support Matters
A request under FINRA Rule 8210 is one of the most serious regulatory events a registered representative, broker-dealer, or associated person can face. These requests are not informal inquiries. They are compulsory demands backed by FINRA’s disciplinary authority, and failure to respond fully, accurately, and on time can result in […]
The Insider Trading Compliance Checklist: 21 Red Flags Every Firm Must Monitor
By Mark J. Astarita, Esq. Introduction Insider trading remains one of the most aggressively enforced areas of securities regulation. Firms must monitor not only the conduct of executives and employees, but also the actions of contractors, vendors, consultants, and even family members of insiders. This checklist highlights 21 critical red […]
Insider Trading Lawyer & Compliance Defense
Insider Trading Lawyer for SEC & FINRA Investigations – Protect your reputation, your license, and your future. If you or your firm is facing questions about insider trading, early counsel is critical. Regulatory agencies—including the SEC, FINRA, and the Department of Justice—prioritize insider trading enforcement and aggressively pursue civil and […]
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 […]
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 Subpoenas – Tips for Responding – 2025
How you respond to an SEC subpoena makes a difference. Tips from an experienced securities attorney.
Time to Update the SEC’s Wells Process
We have written about the SEC’s Wells process in the past. A Wells Notice is a notice from a regulator that it intends to bring enforcement proceeding against the recipient, and offering the opportunity to argue against those charges. In my article Responding to a Wells Notice, I examined the […]
