The Securities Regulation Practice provides advice in all areas relating to the application of federal and state securities laws, including public and private securities offerings; compliance with federal periodic reporting and proxy requirements; structured securities (including hybrid securities and commodity futures products); and mergers, tender offers, proxy contests and "going private" transactions.
Our lawyers regularly provide advice and assistance with difficult accounting issues, Section 16 questions, and interpretations and issues relating to new and novel types of securities, including all forms of derivative securities. A major component of our practice involves advising and representing broker-dealers and investment advisers about regulatory and compliance matters as well as advising investment companies, such as mutual funds and their sponsors and advisers in connection with fund formation. Many of our lawyers are experienced in market structure and trading issues, including the regulation of proprietary trading systems, trading and compliance issues relating to fixed income securities. Our lawyers also have substantial knowledge in programs that cross from securities products to investment advice, such as "wrap-fee" arrangements.
We have an active practice before the Securities and Exchange Commission, which includes representing witnesses and targets in SEC investigations and enforcement proceedings. In conjunction with the Litigation Practice, this area includes representations in litigated criminal, administrative, and civil proceedings. We also have substantial experience in seeking interpretive advice and no-action positions from the Commission under the Securities Act of 1933, the Securities Exchange Act of 1934, the Public Utility Holding Company Act of 1935, the Investment Company Act of 1940, and the Investment Advisers Act.
A number of lawyers in the firm have held senior positions at the Securities and Exchange Commission. Among the firm's partners are a former Director and a former Associate Director of the Division of Investment Management, an Associate Director of the Division of Market Regulation in charge of Market Structure and Trading Practices, an Assistant Director of the Division of Enforcement, two Chief Counsel to the Chief Accountant and a Special Counsel to the Chairman of the Commission.