Securities Regulatory & Enforcement

Fortified by many years of experience as regulators and in private practice, Winstead's securities investigations and enforcement attorneys provide comprehensive and practical counsel to broker-dealers, investment advisers, public companies, financial services firms and individuals facing regulatory investigations, exams and sweeps, and enforcement actions.

We defend our clients  during inspections, examinations, and sweeps led by state securities regulators, SEC, and FINRA. We also advise on examination practices and offer mock audit support to broker-dealers, registered investment advisers (RIAs), and private fund managers.

Recent or current regulatory and enforcement matters involve: 

  • Broker-dealer sales practice issues
  • Fixed-income trading desk practices
  • Mutual fund share class issues and market timing
  • Foreign Corrupt Practices Act (FCPA)
  • Options practices
  • Cyber breach incidents
  • Public sale of equity-linked and other derivative products
  • Internal investigations on behalf of public company boards with respect to earnings recognition and other financial reporting issues

Scope of Service for Broker-Dealers 

Our team regularly navigates and guides broker-dealers through a wide array of regulatory and enforcement matters; including:  

  • Inspections and examinations by state securities regulators, SEC, and FINRA
  • Examination practices and mock audit support
  • Registration requirements and exemptions from registration
  • Defense of  complaints alleging violation of securities laws   
  • SEC investigations and enforcement actions
  • Real estate private equity matters
  • Private placement matters
  • Registration requirements and exemptions, investment adviser registration and exemption issues 
  • Written supervisory procedures, including drafting and updating

Scope of Service for Investment Advisers   

With a wide breath of experience in securities matters, our team regularly advises investment advisers, fund managers, venture capital, hedge fund, and other industry participants in connection with:

  • SEC and state securities regulatory investigations
  • Allegations of undisclosed conflicts of interest
  • Allegations of breaches of fiduciary duties
  • Examination practices and mock audit support
  • Registration requirements and exemptions from registration, including exempt reporting adviser (ERA) exemption
  • Federal and state investigations and enforcement actions, including contested proceedings

We counsel, advise, advocate for and defend.  We also offer coaching and training in best practices.