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What to Do When the SEC Calls

As Senior Counsel in the Securities Exchange Commission’s (SEC) Division of Enforcement, Rebecca Fike conducted more than 60 investigations, including three “Top 5” national priority investigations. After spending ten years at the SEC she recently rejoined Vinson & Elkins LLP as a partner, where she focuses on shareholder enforcement, government and internal investigations, and white collar defense.

Her advice is not only insightful, it’s based on recent experience with the Commission. During the session, Rebecca will cover the essential steps companies should take when contacted by the SEC about an investigation or review, and provide critical guidance for interacting with SEC staff under the current administration. Rebecca will also cover issues companies need to consider when conducting an internal investigation regardless of whether or not they self-report.

In addition, Rebecca will cover the following topics:

  • When you spot a potential securities problem, how do you determine when to report to the SEC and when to handle this with your own team of lawyers?
  • What are the key threshold questions you need to ask?
  • What are the costs/benefits of self-reporting?
  • How does the SEC source cases?
  • How does it determine whether to open a new matter?
  • Who do you involve internally at the company and externally in the early days of an SEC investigation and what are the five essential steps to take?
  • What are the considerations when hiring counsel, including potentially separate counsel for certain officers and directors and employees, and independent counsel for an internal investigation?
  • What companies need to know about the Commission’s current approach to restatements, ESG-disclosures, SPACs, insider trading or other forms of securities fraud?