When the regulators knock, especially enforcement regulators, they get clients’ attention. With the increase in investigations by the United States Securities and Exchange Commission (Commission), Self Regulatory Organizations (SROs) such as the National Association of Securities Dealers, Inc. (NASD) and the New York Stock Exchange, Inc., and state attorney general offices, more and more civil litigators are being asked to represent companies and witness in these kinds of civil investigations.
Representing a witness in a Commission or SRO civil investigation is different from representing a witness at a deposition in a state or federal civil litigation. This article will examine the differences and the various issues that the practitioner might consider.
