Morgan Lewis

Related Publications

05/20/14 Ethics and Professional Responsibility for Securities Attorneys, presented at the 2014 FINRA Annual Conference, Washington, D.C.
04/02/14 Panelist, Ask FINRA, presented at the SIFMA Compliance and Legal Society Annual Seminar, Orlando, FL
View all publications

Related Events

10/29/14 SIFMA Complex Products Forum New York
Ben Indek, speaker
10/29/14-10/30/14 AICPA FMS National Conference on the Securities Industry New York, NY
Ben A. Indek, panelist
View all events

Related News

03/28/13 NYS Superintendent of Financial Services Benjamin M. Lawsky to speak at Fordham Corporate Law Center’s Annual A.A. Sommer, Jr. Lecture
Morgan, Lewis & Bockius LLP is the proud sponsor of the A.A. Sommer Lecture series, which will feature speaker New York State Department of Financial Services Superintendent Benjamin M. Lawsky.
01/07/13 Securities Group of the Year: Morgan Lewis, Law360
Law360 lists Morgan Lewis's Securities Industry Practice as one of its Securities Groups of the Year for 2012.
01/01/10 Law360 Names Morgan Lewis as a Top Securities Defense Firm for 2009
Law360 selected Morgan Lewis as one of five top securities defense firms of the year, citing the firm's capacity for combining counseling and transactional securities law with dispute litigation and enforcement.
View all news
Photo of  Ben A. Indek

honors + affiliations

Member, 2011 Law360 Securities Editorial Advisory Board

Listed, The Best Lawyers in America (2007–2011)

Listed, Chambers USA: America's Leading Lawyers for Business (2008–2014)

Listed, Best Lawyers New York City Administrative/Regulatory Law "Lawyer of the Year" (2013)

Former Member, Board of Directors, National Society of Compliance Professionals

Former Member, FINRA Independent Dealer/Insurance Affiliate Committee

bar admissions

  • New York
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Ben A. Indek
Partner


Email: bindek@morganlewis.com
New York
101 Park Avenue
New York, NY 10178-0060
United States of America
Phone: +1.212.309.6109
Fax: +1.212.309.6001

Ben A. Indek is a partner in Morgan Lewis's Litigation Practice. Mr. Indek focuses his practice on representing broker-dealers and their employees in governmental, self-regulatory organization, and state securities commission investigations and disciplinary proceedings as well as conducting internal investigations for financial services firms. He also counsels broker-dealers on regulatory and compliance issues, including the development and implementation of written compliance and supervisory procedures and new rules and regulations.

Recent representations of broker-dealers and their employees in Securities and Exchange Commission (SEC) and Financial Industry Regulatory Authority (FINRA) investigations include matters in the following areas:

  • Municipal bond disclosures to investors and underwriting expenses
  • Structured and complex products sold to retail clients, including sales practices and supervision relating to leveraged and inverse Exchange Traded Funds (ETFs)
  • Regulation SHO
  • Auction rate securities
  • Mutual fund and unit investment trusts suitability, supervision, pricing, and record keeping
  • Operational issues, including prospectus delivery, proxy voting, and electronic blue sheets
  • Research report disclosures
  • Registration and customer complaint reporting issues, including Form U4/U5 filings
  • Trade practices and reporting, including Market on Close and Limit on Close orders and New York Stock Exchange (NYSE) Rules 90, 92, and 132.30

Mr. Indek also has experience assisting firms in self-reporting matters under FINRA Rule 4530(b) and the prior NYSE rule, and he currently acts as counsel to a broker-dealer's self-reporting committee. He has also represented a number of compliance officers in SEC, FINRA, NYSE Regulation, and National Association of Securities Dealers (NASD) investigations; Mr. Indek was the co-author of an amicus brief filed on behalf of the National Society of Compliance Professionals (NSCP) with the SEC in connection with In re Theodore W. Urban. On several occasions, he has acted as independent consultant to firms in connection with regulatory settlements.

Mr. Indek previously served on FINRA's Independent Dealer/Insurance Affiliate Committee, the NYSE's Electronic Communications Task Force, the NASD's Market Regulation Committee, and on the Board of Directors of the NSCP.

Mr. Indek is the author of numerous articles concerning broker-dealer regulation and enforcement issues and frequently lectures on these topics. Since 2006, he has been the principal author of the firm's annual year-in-review publication "Select SEC and FINRA Broker-Dealer Cases and Developments," which describes the key developments in the enforcement programs of the SEC and FINRA, analyzes the metrics used to measure enforcement activity, and summarizes the important cases brought by regulators. Previously, he was a co-author of "Securities Litigation and Enforcement," a regular column appearing in the New York Law Journal.

Between 1984 and 1988, Mr. Indek was a compliance officer at E.F. Hutton & Co. In his last position at the company, he managed the Compliance Department's surveillance group. He joined Morgan Lewis in 1988 as a legal assistant specializing in the securities field. While a full-time legal assistant at the firm, Mr. Indek attended New York Law School, where he was a member of the Law Review and from which he graduated magna cum laude in 1992.

Mr. Indek is a member of the firm's Advisory Board, Finance Committee, and the New York office Management Committee.

Mr. Indek is admitted to practice in New York.

education

  • New York Law School, 1992, J.D.
  • University of Vermont, 1984, B.A.