New York Securities Fraud Lawyers Blog
Receiving a subpoena from the Securities and Exchange Commission (SEC) is a serious matter as is the associated document production most SEC subpoenas call for. Not only do most all SEC subpoenas require the production of vast amounts of documents, electronic files and data, the manner in which the SEC strictly requires production (see here for SEC data delivery standards) can be confusing for most, especially those not familiar with electronic discovery. Our securities regulatory attorneys frequently assist clients with examining, gathering and producing responsive documents and data for production in a format accepted by the SEC. Our securities regulatory attorneys utilize state of the art electronic discovery software and tools that reduce both the amount of time required of you and the billable hour.
All the documents and electronic data called for by the subpoena may seem overwhelming, however, ensuring that your production is both completely responsive and delivered in compliance with the SEC data delivery standards is one of the only ways in which you will be able to help the investigation proceed quicker to a final resolution. Often an issue for clients is the seemingly broad wording of SEC subpoenas, our securities regulatory attorneys are practiced in helping clients better understand what items are being sought by the SEC. Thus, allowing you to limit your time spent searching for documents and data. A responsive and compliant production also limits the amount times that you and/or your attorney will need to spend in working with the SEC. It is important to turn off any auto-delete functions that you may have in place to preserve your data and documents and DO NOT destroy anything. Not only will the destruction of any documents complicate your matter you may also face an obstruction charge.
It is imperative that you carefully comply in a timely manner with an SEC subpoena. The SEC can enforce a subpoena if you fail to comply with what the subpoena calls for and a failure to comply with court orders could result in contempt charges. Our securities regulatory attorneys are often able to negotiate the scope and timing of productions, including an extension of time for clients document production and testimony (if called for).It is also important that your response to the subpoena includes any legal objections that you may be entitled to. Remember, your response does not end the process. The SEC may consider your Subpoena response for weeks or months before they decide whether further investigation is necessary.
A responsive, complete and compliant production is your most effective way to help the SEC investigation move forward. The attorneys at Malecki Law have extensive experience representing clients in formal regulatory investigations and are here to help.