Author: Mark J. Astarita

Regulation S-P
News Compliance

SEC Amends Regulation S-P: What Changed and Why It Matters

The SEC recently amended Regulation S-P. This significantly updates how covered financial institutions must approach data protection and incident response. These amendments are designed to modernize privacy protections and expand the scope of what constitutes required safeguards for customer information. The amendments shift the focus from traditional policies. They move […]

FINRA Gift Rule
Brokers Compliance

FINRA Proposes Increase to Gift Rule

FINRA has filed a proposed rule change to amend FINRA Rule 3220 (Influencing or Rewarding Employees of Others). The change will increase the gift limit from $100 to $300 per person per year. It will also provide for exemptive relief and incorporate existing guidance and interpretive letters. The proposed rule […]

Public Offerings Arbitration

IPO Mandatory Arbitration Back in the News

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. It provides issuers with a powerful mechanism to sidestep class actions. At […]

Defending an SEC Investigation
Brokers Enforcement Featured Articles Primer

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
Enforcement

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
Arbitration Brokers Investors

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 […]