From my post on LinkedIn today: The SEC’s rescission of its gag rule is a welcome event, as forcing settling respondents to remain silent about the allegations they have denied is manifestly unfair. However, as detailed in this Cleary Gottlieb post, the issues surrounding an SEC settlement remain. What struck […]
Tag: Securities Defense Attorney
The SEC’s Gag Rule: Why It Matters—and Why It May Finally Be Ending
What Is the SEC’s “Gag Rule”? For decades, the SEC has used a settlement condition that most defendants learn about only when they are negotiating with the agency: if you settle, you cannot publicly deny the allegations. Formally embedded in Rule 202.5(e), the policy requires settling parties to agree that […]
SEC Refocuses Enforcement on Fraud, Investor Protection in FY 2025
The SEC released its FY 2025 enforcement results, marking a shift away from the prior Commission’s emphasis on headline-driven case volume and toward a more traditional, fraud-centered enforcement philosophy. Chairman Paul S. Atkins and Commissioner Mark Uyeda emphasized a return to Congress’s original intent by prioritizing cases that directly protect […]
FINRA’s Immunity
Russ Ryan argues that the Supreme Court’s recent decision in Galette v. New Jersey Transit Corporation may undermine decades of court‑created “regulatory immunity” for FINRA and other self‑regulatory organizations. The author explains that although FINRA is a private corporation not bound by constitutional limits, courts have simultaneously granted it sweeping […]
SEC Charges ADM and Three Former Executives with Accounting and Disclosure Fraud
The SEC alleges that improper accounting practices inflated reported operating profit within the Nutrition segment during fiscal years 2019, 2021, and 2022.
Responding Effectively to FINRA Rule 8210 Requests: Key Strategies and Why Legal Support Matters
A request under FINRA Rule 8210 is a very serious regulatory event. It can be addressed by a registered representative, a broker-dealer, or an associated person. These requests are not informal inquiries. They are compulsory demands supported by FINRA’s disciplinary authority. Failing to respond fully, accurately, and on time can […]
FINRA Arbitration Reorganizes
FINRA Regional Office Reorganization – Effective December 8, 2025 FINRA just announced that there is going to be an organizational change at DRS. Effective December 8, 2025, DRS is consolidating from four regions to three: East (New York), Central (Chicago), and West (Los Angeles). The statement claims that the streamlined […]
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 […]
Should Brokers and Firms Share a Lawyer?
By Mark J. Astarita, Esq. A repeating question on my website comes from brokers who are named in an arbitration proceeding by a customer, and whose firm offers to provide an attorney to represent both the broker and the firm. The question is always, do I need my own attorney? […]
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 […]










