Welcome to the Regulatory and Investigative Practice Area of Lucosky Brookman. We specialize in providing expert guidance and representation to small-cap companies, officers, directors, private equity funds, investors and other industry professionals facing regulatory and investigative challenges.
Our team of experienced attorneys has a deep understanding of the complex and ever-changing regulatory landscape. We provide a full range of services, including:
At Lucosky Brookman, we pride ourselves on providing personalized, client-centric service. We understand that regulatory and investigative challenges can be highly disruptive and stressful. Our attorneys work closely with clients to develop a tailored strategy that achieves the best possible outcome in each situation.
We invite you to contact us to discuss how we can assist you with any regulatory and investigative challenges you may be facing. Let us help you navigate the complex regulatory landscape and protect your interests.
As a director, officer, or other key personnel of a micro or small cap company, you may be at risk of facing an investigation by the Securities and Exchange Commission (SEC). Such investigations can be complex and time-consuming, and they can have a significant impact on the company and its shareholders.
Lucosky Brookman’s Regulatory and Investigative attorney offer practical guidance on the SEC's micro and small cap investigation process and how to navigate the process should your company be the subject of an investigation.
Understanding the SEC's Micro and Small Cap Investigation Process
The SEC's micro and small cap investigation process typically begins with a review of the company's financial statements and public disclosures. If the SEC identifies any potential violations or areas of concern, it may launch an investigation.
During an investigation, the SEC may use a variety of tools to gather information, including subpoenas, document requests, and interviews with the company's management and other key personnel.
The SEC may also seek to impose penalties, including fines and sanctions, if it determines that the company or any of its officers or directors have violated federal securities laws.
Preparing for an SEC Investigation
If your company is the subject of an SEC investigation, it is important to take prompt action to prepare for the process – including immediately contacting a top securities attorney with specific experience representing companies before the SEC. An experienced securities attorney can help you navigate the investigation process, and can provide guidance on how to respond to the SEC's requests for information.
It is also important to gather and organize all relevant documents and information related to the investigation. This may include financial statements, public disclosures, and other documents that may be relevant to the SEC's inquiry. During an investigation, it is important to cooperate with the SEC, while also being mindful of the company's legal and ethical obligations. This may include providing the SEC with requested documents and information, as well as participating in interviews and other meetings with the SEC staff.
Managing the Impact of an SEC Investigation
An SEC investigation can have a significant impact on the company and its shareholders. It is important to take steps to minimize the impact of the investigation, and to maintain the trust of shareholders. One key step is to be transparent and open about the investigation. This may include providing regular updates to shareholders, and being proactive in addressing any concerns or questions they may have.
It is also important to take steps to address any violations or areas of concern that may have been identified during the investigation. This may include implementing new policies and procedures, or taking other steps to improve the company's compliance with federal securities laws.
Conclusion
An SEC investigation can be a complex and challenging process for micro and small cap companies, and their directors, officers, and key personnel. By understanding the SEC's investigation process, preparing for an investigation, cooperating fully with the SEC, and managing the impact of an investigation, you can help to minimize the risk of penalties and sanctions, and protect the interests of the company and its shareholders.
