practice areas
Litigation Broker-Dealers Securities Industry Securities Litigation & Enforcement Broker-Dealer & Capital Markets Regulation Financial Servicesbar admissions
New YorkBen A. Indek
Email: bindek@morganlewis.com
education
New York Law School, 1992, J.D.
University of Vermont, 1984, B.A.
Publications
| Date | Title | Publication |
| 02/01/1202/01/12 |
Select SEC and FINRA Broker-Dealer Cases and Developments: 2011 Year in Review |
Securities LawFlash |
| 01/31/12January 2012 |
2011 Year in Review: SEC and FINRA Selected Enforcement Cases and Developments Regarding Broker-Dealers |
White Paper |
| 11/04/1111/04/11 |
Securities Compliance and Examinations for Broker-Dealers, Advisors, and Funds, presented at the ALI-ABA Conference on Life Insurance Company Products, Washington, D.C. |
Speech |
| 10/27/1110/27/11 |
Opening Remarks, presented at the 12th Annual A.A. Sommer, Jr. Lecture on Corporate, Securities and Financial Law,
New York |
Speech |
| 10/18/1110/18/11 |
Regulatory Examinations (Large Firms), presented at the National Society of Compliance Professionals 2011 National Meeting, Baltimore, MD |
Speech |
| 05/06/1105/06/11 |
The Evolving Role of the Compliance Officer, presented at the Futures Industry Association Law & Compliance Conference |
Speech |
| 03/23/1103/23/11 |
U.S. Supreme Court: Manufacturer Can Be Sued for Failing to Disclose Adverse Reports |
Securities LawFlash |
| 02/01/1102/01/11 |
Regulatory Risk Management at the NSCP - SEC Training Day, Washington, D.C. |
Speech |
| 01/26/11January 2011 |
2010 Year in Review: SEC and SRO
Selected Enforcement Cases and
Developments Regarding Broker-Dealers |
White Paper |
| 12/22/1012/22/10 |
SEC Enters Into First Nonprosecution Agreement as Part of Its New Cooperation Initiative |
Securities LawFlash |
| 11/16/1011/16/10 |
Retail Brokerage and Advisory Issues, presented at the SIFMA Compliance and Legal Society 2010 Fall Compliance and Legal Seminar, New York |
Speech |
| 11/02/1011/02/10 |
Enforcement Workshop, presented at the 2010 NSCP National Membership Meeting,
Baltimore, Maryland |
Speech |
| 08/06/10August 2010 |
2010 Mid-Year in Review: SEC and SRO Selected Enforcement Cases and Developments Regarding Broker-Dealers |
White Paper |
| 06/07/1006/07/10 |
Dialogue with Area Regulators, presented at the NSCP East Coast Regional Membership Meeting |
Speech |
| 05/06/1005/06/10 |
Conflicts Management, presented at the SIFMA Compliance and Legal Society
2010 Annual Seminar, National Harbor, Maryland |
Speech |
| 02/25/1002/25/10 |
Enforcement Developments Regarding Broker-Dealers, Law360 Guest Column |
Article |
| 01/28/10January 2010 |
2009 Year in Review: SEC and SRO Selected Enforcement Cases and Developments Regarding Broker-Dealers |
White Paper |
| 01/26/10January 2010 |
The Securities and Exchange Commission Announces New Cooperation Initiative |
White Paper |
| 11/18/0911/18/09 |
Retail Brokerage and Advisory Issues: New Products, New Problems?, presented at the SIFMA Compliance & Legal Division 2009 Fall Compliance Seminar, New York |
Speech |
| 10/28/0910/28/09 |
Opening Remarks, presented at the 10th Annual A.A. Sommer, Jr. Lecture on Corporate, Securities, and Financial Law, New York |
Speech |
| 10/06/0910/06/09 |
Dealing with Regulatory Enforcement, presented at the NSCP National Membership Meeting, Philadelphia |
Speech |
| 07/31/09July 2009 |
2009 Mid-Year in Review: SEC and SRO Selected Enforcement Cases and Developments Regarding Broker-Dealers |
White Paper |
| 03/30/0903/30/09 |
Supervisory Responsibilities, presented at the NSCP East Coast Regional Conference, Boston |
Speech |
| 03/23/0903/23/09 |
Regulatory Securities Examinations and Inquiries: The Firm’s Perspective, presented at the SIFMA Compliance and Legal Division 2009 Annual Seminar, Phoenix, AZ |
Speech |
| 03/18/0903/18/09 |
Back to Basics: FINRA Issues 2009 Examination Priorities |
Securities Industry FYI |
| 03/05/0903/05/09 |
FINRA Proposes Significant Changes to Forms U4 and U5 |
Investment Management FYI |
| 02/05/0902/05/09 |
2008 SEC and SRO Enforcement Year in Review, Complinet |
Article |
| 01/21/09January 2009 |
2008 Year in Review: SEC and SRO Selected Enforcement Cases and Developments Regarding Broker-Dealers |
White Paper |
| 11/11/0811/11/08 |
Retail Brokerage and Advisory Issues, presented at the SIFMA Compliance and Legal Division 2008 Fall Compliance Seminar, New York |
Speech |
| 11/06/0811/06/08 |
Tracker Impact Analysis: SEC Fines LPL Financial Corporation for Regulation S-P Violations, Complinet |
Article |
| 10/21/0810/21/08 |
The Regulatory Enforcement Process, presented at the 2008 NSCP National Membership Meeting, Philadelphia |
Speech |
| 10/15/0810/15/08 |
SEC Lifts the Veil on Its Enforcement Process by Publishing Enforcement Manual |
Securities LawFlash |
| 09/24/0809/24/08 |
Supervision Challenges in a Changing Electronic World, presented at the SIFMA Electronic Communications and Records Forum, New York |
Speech |
| 08/15/08August 2008 |
U.S. SEC, FINRA and NYSE Regulation: Mid-Year Review – Selected Broker-Dealer Enforcement Cases and Developments |
White Paper |
| 06/10/0806/10/08 |
Conducting Internal Investigations, presented at the FINRA Institute at Wharton, New York |
Speech |
| 05/08/0805/08/08 |
Emerging Regulatory Trends Facing Member Firms and Hedge Funds, presented at the NYSE Regulation-Division of Enforcement and Risk Group Offsite Conference, New York |
Speech |
| 05/06/0805/06/08 |
SEC Fires Another Warning Shot Over Insider Trading Policies and Procedures |
Securities LawFlash |
| 04/18/0804/18/08 |
Conducting Internal Investigations, presented at FINRA Class Room Learning: Compliance Essentials, New York |
Speech |
| 04/02/0804/02/08 |
Electronic Communications, presented at the SIFMA C&L Annual Seminar, Orlando, FL |
Speech |
| 02/01/08January/February 2008 |
2007 Year In Review: SEC and SRO Enforcement Cases and Developments Regarding Broker-Dealers, NSCP Currents |
Article |
| 01/18/08January 2008 |
2007 Year in Review: SEC and SRO Selected Enforcement Cases and Developments Regarding Broker-Dealers |
White Paper |
| 11/13/0711/13/07 |
The Examination Process from the Regulators' Perspective, presented at the SIFMA-CL Fall "New SRO FINRA" Compliance Seminar, New York |
Speech |
| 10/17/0710/17/07 |
Ethics for Compliance Officers, presented at the 2007 NSCP National Membership Meeting, Washington, D.C. |
Speech |
| 09/20/0709/20/07 |
Meeting the Supervisory Challenge, presented at Complinet's New York Summit, New York |
Speech |
| 07/01/07Summer 2007 |
U.S. SEC, NASD, and NYSE Regulation: Selected Enforcement Cases and Developments in the First Half of 2007 Regarding Broker-Dealers |
White Paper |
| 06/07/0706/07/07 |
Designing an Effective Retail Compliance Program, presented at SIFMA's 2007 Chicago Regional Seminar, Chicago |
Speech |
| 04/23/0704/23/07 |
BD Regulatory Audits, presented at the NSCP East Coast Meeting, Boston
|
Speech |
| 03/26/0703/26/07 |
Electronic Communications, presented at the SIFMA Compliance & Legal Division's 2007 Annual Seminar, Phoenix |
Speech |
| 02/21/07February 2007 |
The Regulatory Examination Process |
White Paper |
| 01/23/07January 2007 |
2006 In Review: SEC, NASD, and NYSE Regulation: Selected Enforcement Cases and Developments Regarding Broker-Dealers |
White Paper |
| 11/20/0611/13/2006 |
Securities Industry Association, presented at the Compliance and Legal Division Fall Compliance Seminar, New York |
Speech |
| 10/19/0610/19/06 |
BD Regulatory Audits: What You Need to Know, presented at the NSCP 2006 National Membership Meeting, Washington, D.C. |
Speech |
| 10/17/0610/17/06 |
Welcome Remarks to the Seventh Annual A.A. Sommer, Jr. Corporate Securities & Financial Law Lecture, New York |
Speech |
| 10/12/0610/12/06 |
Putting the Effective in Your Compliance Program, presented at the SIA Compliance & Legal Division Regional Seminar, Washington, D.C. |
Speech |
| 09/29/0609/29/06 |
NASAA Annual Conference, presented at the Report on Enforcement and Examination Issues |
|
| 06/19/0606/19/06 |
Electronic Communications Best Practices, presented at the NYSE Regulation Second Annual Securities Conference, New York |
Speech |
| 05/01/0605/01/06 |
BD Hot Buttons, presented at the NSCP 2006 East Coast Regional Meeting, New York |
Speech |
| 03/22/0603/22/06 |
Document Retention Standards - Building Your Model, presented at the SIA C&L 2006 Annual Seminar, Hollywood, FL |
Speech |
| 03/08/0603/08/06 |
Best Practices of Very Small Firms, presented at the NASD Small Firm Conference, New York |
Speech |
| 01/01/06January 2006 |
2005 NASD, NYSE, and SEC Enforcement Developments |
White Paper |
| 11/17/0511/17/05 |
Welcome Remarks to the Sixth Annual A.A. Sommer, Jr. Corporate Securities and Financial Law Lecture, presented at Fordham University School of Law, New York |
Speech |
| 11/09/0511/09/05 |
The Examination Process, presented at SIA C&L Fall Compliance Seminar, New York |
Speech |
| 10/31/05October 2005 |
The New York Stock Exchange and Cooperation: Another Precinct Heard From, Journal of Investment Compliance, Vol. 6 No. 2 |
Article |
| 10/25/0510/25/05 |
NASD and NYSE Investigations from Start to “Wells” Type Notices: Working with Regulators in Your Client’s Best Interest, presented at the American Conference Institute's Broker-Dealer Enforcement Actions Conference, New York |
Speech |
| 10/24/0510/24/05 |
2005 Industry Overview "What's New and Hot?" presented at The 2005 NSCP National Meeting, Alexandria, VA |
Speech |
| 10/19/0510/19/05 |
Ethical Minefield: Multiple Representation in Government Probes, New York Law Journal |
Article |
| 10/12/05October 2005 |
The New York Stock Exchange and Cooperation —
Another Precinct Heard From
|
White Paper |
| 08/18/0508/18/05 |
Securities Litigation and Enforcement: Appellate Review of SEC Administrative and SRO Decisions, New York Law Journal |
Article |
| 07/14/0507/14/05 |
NASD Rule 3013 (CEO Certification) NRS, "Getting NASD Rules 3012, 3013 and Amended 3010 Under Control" Conference, New York |
Speech |
| 06/22/0506/22/05 |
Supervision of Electronic Communications, presented at the New York Stock Exchange Regulation First Annual Securities Conference, New York |
Speech |
| 06/16/0506/16/05 |
Failure to Cooperate: Offense or Defense, New York Law Journal |
Article |
| 05/24/0505/24/05 |
Enforcement Hot Topics, presented at The NASD Spring Securities Conference, Chicago |
Speech |
| 05/02/0505/02/05 |
BD Regulatory Audits, National Society of Compliance Professionals 2005 East Coast Regional Meeting, New York |
Speech |
| 04/05/0504/05/05 |
Litigating with S.R.O.'s, presented at the Securities Industries Association Compliance & Legal Division 2005 Annual Seminar, Palm Desert, CA |
Speech |
| 03/10/0503/10/05 |
The NASD CEO Certification Rule, NRS' Broker/Dealer Conference - CEO Now Stands for "Certifying" Executive Officer in Orlando, FL |
Speech |
| 02/28/0502/28/05 |
BD Regulatory Audits, presented at The National Society of Compliance Professionals 2005 Southern Regional Meeting, Atlanta |
Speech |
| 02/16/0502/16/05 |
Due Process and Self-Regulation, New York Law Journal |
Article |
| 02/03/0502/03/05 |
Supervision and Supervisory Structure: A Legal and Regulatory Approach; NASD Institute for Professional Development - Supervision in the Financial Services Industry Symposium, New York |
Speech |
| 12/23/042004 |
Establishment and Maintenance of a Supervisory Structure (Chapter 4), Broker-Dealer Regulation (PLI) |
Chapter |
| 11/10/0411/10/04 |
The Examination Process, presented at the SIA Compliance and Legal Division Fall Compliance Seminar |
Speech |
| 10/27/0410/27/04 |
BD Supervision, presented at the 2004 NSCP National Meeting |
Speech |
| 10/21/0410/21/04 |
SEC Approves NASD's CEO Certification Rule, New York Law Journal |
Article |
| 10/13/0410/13/04 |
Recent Regulatory Scrutiny of Mutual Fund and Variable Annuity Sales Practices, presented at the NRS 19th Annual Compliance Conference |
Speech |
| 06/25/0406/25/04 |
Hiring Practices: Compliance and Risk Management, presented at the NASD Institute Back Office Symposium |
Speech |
| 06/17/0406/17/04 |
SEC Examination Privilege Rejected, New York Law Journal |
Article |
| 06/09/0406/09/04 |
Big Firms, Small Firms - When is "Enough" Supervision Enough?, presented at the Office of Financial Regulation/NASAA Broker/Dealer Training, Ft. Lauderdale, FL |
Speech |
| 06/04/0406/04/04 |
Navigating the Compliance/Regulatory and Employment Law Minefield, presented at the HRM Committee SIA |
Speech |
| 04/15/0404/15/04 |
Appellate Court Ratchets Up State Role in Securities Law Prosecution, New York Law Journal |
Article |
| 04/14/0404/14/04 |
NASD Field Office Examination Findings, presented at the NRS’ Nineteenth Annual Spring Compliance/Risk Management Conference, Bonita Springs, FL |
Speech |
| 03/23/0403/23/04 |
Designing an Effective Retail Surveillance Program , presented at the SIA Compliance & Legal Division Fall Compliance Seminar, Phoenix |
Speech |
| 02/23/0402/23/04 |
BD Regulatory Audits, presented at the NSCP Southern Membership Meeting, Atlanta |
Speech |
| 02/19/0402/19/04 |
Outside Directors and Red Flags, New York Law Journal |
Article |
| 02/07/0402/07/04 |
Managing A Regulatory Crisis, presented at NRS Advanced Compliance Training, Washington, D.C. |
Speech |
| 11/04/0311/04/03 |
Examination Priorities - SIA Compliance & Legal Division Fall Compliance Seminar |
Speech |
| 10/30/0310/30/03 |
New BD Supervisory Rule Requirements, presented at the NSCP National Membership Meeting, Arlington, VA |
Speech |
| 10/20/0310/20/03 |
Recent Developments in SEC Settlements, New York Law Journal |
Article |
| 10/17/0310/17/03 |
Market Regulation and Surveillance, presented at the NASD 2003 Fall Securities Conference, Scottsdale, AZ |
Speech |
| 09/30/0309/30/03 |
Hiring Practices: Compliance and Risk Management - NASD Institute Phase II Branch Office Management Symposium |
Speech |
| 06/27/0306/27/03 |
National Association of Securities Dealers' Certification Proposal, New York Law Journal |
Article |
| 04/07/0304/07/03 |
Supervision of Branch Managers, presented at the SIA Compliance & Legal Division Annual Seminar, Orlando, FL |
Speech |
| 03/31/0303/31/03 |
Red Flag Review - NSCP East Coast Regional Membership Meeting |
Speech |
| 02/26/0302/26/03 |
Regulatory Outlook- The Risk You Can’t Afford to Take - The Bond Market Association’s 13th Annual Regional Bond Dealers Management Conference, Orlando, FL |
Speech |
| 02/20/0302/20/03 |
Supervising the Supervisor, New York Law Journal |
Article |
| 02/07/0302/07/03 |
Managing A Regulatory Crisis, presented at the NRS Advanced Compliance Training & Risk Management Techniques Conference, Washington, D.C. |
Speech |
| 12/01/02December 2002 |
SRO Proposals on Internal Controls and Sales Practice Supervision, Morgan Lewis on Securities December 2002 |
Article |
| 11/13/0211/13/02 |
Written Supervisory and Compliance Procedures, presented at the SIA Compliance & Legal Division Fall Compliance Seminar |
Speech |
| 11/01/02November/December 2002 |
More SRO Research Analyst Rulemaking on the Horizon, NSCP Currents |
Article |
| 10/17/0210/17/02 |
NASD Sets Standards For Evaluating Delays in Disciplinary Proceedings, New York Law Journal |
Article |
| 10/09/0210/09/02 |
The Changing Dimensions of Supervisory Responsibility at Securities Firms |
Speech |
| 10/02/0210/02/02 |
Advanced Concepts of Compliance, presented at the NSCP National Membership Meeting |
Speech |
| 09/01/02September 2002 |
SRO Research Analyst Conflict of Interest Rules, NSCP Currents |
Article |
| 06/20/0206/20/02 |
Corporate Criminal Responsibility, New York Law Journal |
Article |
| 04/23/0204/23/02 |
Heightened Supervision, presented at the 2002 NASD Regulation Spring Securities Conference, Washington, D.C. |
Speech |
| 04/23/0204/23/02 |
Registered Reps: Heightened Procedures for Pre-Hire, Retention, Termination and Audit and Exam Protocols, presented at the NRS Compliance Conference, NM |
Speech |
| 04/17/0204/17/02 |
The Current SEC Enforcement Landscape, New York Law Journal |
Article |
| 03/13/0203/13/02 |
Customer Complaints, presented at the SIA Compliance & Legal Division Seminar, Orlando, FL |
Speech |
| 02/21/0202/21/02 |
SRO Disciplinary Proceedings: How Much Delay is Unfair? New York Law Journal |
Article |
| 10/19/0110/19/01 |
Securities Regulators Respond Promptly and Effectively to Terrorist Attacks, New York Law Journal |
Article |
| 06/21/0106/21/01 |
A Question of Fairness, New York Law Journal |
Article |
| 06/13/0106/13/01 |
Variable Annuity and Class B Share Sales Practice and Supervisory Issues, presented to the New England Broker-Dealer and Investment Advisor Association |
Speech |
| 05/24/0105/24/01 |
Regulatory Concerns: The SEC and NASD Examination and Enforcement Focus - National Regulatory Services, presented to the Branch Office Compliance Practices Conference |
Speech |
| 02/17/0002/17/00 |
Recent SEC Rule Proposals Come Under Attack, New York Law Journal |
Article |
| 11/17/9911/17/99 |
Written Supervisory and Compliance Procedures, presented at the SIA Compliance & Legal Division Fall Seminar, New York |
Speech |
| 10/19/9910/19/99 |
Regulations in the Making: Litigation and Enforcement Update, presented at the Institute for International Research, Broker-Dealer Electronic/Internet Compliance Forum, Boston |
Speech |
| 09/01/9709/01/97 |
The SEC Recently Approved Modifications to the NASDR's Disciplinary Proceedings, Which Should Improve Due Process Protections for Respondents, The National Law Journal |
Article |
| 11/04/9511/04/95 |
Continuing the Debate: The SEC's Enforcement Program, presented at the Practising Law Institute's 27th Annual Institute on Securities Regulation, New York |
Speech |
News
| Date | Title | Description |
|---|---|---|
| Jan 01, 2010 |
|
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. |
| Jun 29, 2009 |
Q&A With Morgan Lewis' Ben Indek, Law360 |
Ben Indek is interviewed, discussing the past, present, and future of his practice and securities law. |
| Dec 24, 2008 |
SEC Chief Defends His Restraint, Washington Post |
Ben Indek comments on the SEC's actions against broker-dealers over the 2007 and 2008 fiscal years. |
| Oct 30, 2007 |
Ben A. Indek Elected to Board of Directors of the National Society of Compliance Professionals (NSCP) |
On October 19, 2007, New York Litigation Partner Ben A. Indek was elected to the board of directors of the National Society of Compliance Professionals (NSCP). |