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SEC Compliance and Enforcement Answer Book (2016 Edition)

 
Author(s): David M. Stuart
Practice Area: Corporate law, Enforcement (Securities and other financial products), Regulation and compliance (Securities and other financial products), Securities and other financial products
Date: Jun 2016 i Other versions can be found in the Related Items tab.
ISBN: 9781402426353
PLI Item #: 170223

SEC Compliance and Enforcement Answer Book answers hundreds of real-world questions related to the nuances of unique SEC Enforcement procedure, and provides sophisticated insight on the complex and extensive body of federal securities laws.

Edited by David M. Stuart (Cravath, Swaine and Moore LLP), this expert Q&A guide compiles the perspectives of leading practitioners from around the country who have previously served in the SEC Enforcement Division, many of whom were in some of the most senior positions in the Division.

Leveraging the authors’ experience and expertise, SEC Compliance and Enforcement Answer Book provides nuts and bolts guidance on:

  • Conducting an effective internal investigation – while the SEC is simultaneously investigating
  • Responding to SEC requests and subpoenas for documents, interviews, and testimony 
  • Cooperating effectively with SEC staff 
  • The Wells process, negotiating resolutions, and litigating with the SEC
  • The complexities that arise when criminal and international law enforcement authorities becomes involved in an SEC investigation

Additionally, SEC Compliance and Enforcement Answer Book answers questions on insider trading, accounting and securities fraud, market manipulation and foreign corruption. The Q&A guide also tackles special issues related to investigations of attorneys, accountants, and those identified by whistleblowers.

David M. Stuart is a partner in Cravath’s Litigation Department.  He focuses on government and internal investigations and matters related to regulatory enforcement and compliance, including financial reporting and disclosure, improper payments, insider trading and corporate governance.  Mr. Stuart has served clients such as AngloGold Ashanti, Barnes & Noble, Brink’s, First Solar, The Hartford, IBM, McKinsey, PSEG, Qualcomm, Starbucks and World Fuel Services.

Mr. Stuart joined Cravath as an associate in 1996 after a federal district court clerkship.  In 2000, he left to serve for six years in the Division of Enforcement at the U.S. Securities and Exchange Commission in Washington, D.C.  While at the SEC, Mr. Stuart was Branch Chief for the SEC’s Financial Fraud Task Force and regularly coordinated multinational investigations with the FBI, the Department of Justice, and multiple international regulators and law enforcement agencies.  For this work, Mr. Stuart twice received the Director’s Award for outstanding contribution to the enforcement of the federal securities laws.  After leaving the SEC, Mr. Stuart served as Senior Counsel of Investigations and Regulatory Affairs for the General Electric Company.  Mr. Stuart returned to Cravath in 2008.

Since returning to Cravath, Mr. Stuart has led several internal investigations and represented clients in situations involving the multiple complex elements of accounting irregularities and financial restatements, foreign corruption, insider trading and shareholder demands.  Mr. Stuart has also conducted comprehensive reviews of corporate compliance programs and advised organizations on implementation of best practices in regulatory compliance. 

Mr. Stuart is a frequent speaker on the subject of regulatory compliance and corporate investigations.  He has served as an expert columnist for Corporate Compliance Insights, authoring articles such as “What’s Next in Global Regulation of Corporate Corruption?”  In 2009, he authored “Disclosure Obligations in Government Investigations” in The Business Lawyer and “Surviving Scrutiny Through Best Practices” in Corporate Board Member.  In 2007 and 2008, he served as conference co-chair for the American Conference Institute program “Corporate Investigations.”

Mr. Stuart was born in Dearborn, Michigan.  He received his B.A. with high honors in 1990 from Wesleyan University, where he was elected to Phi Beta Kappa, and his J.D. in 1995 from New York University School of Law, where he was Senior Staff Editor of the Environmental Law Journal.  After graduating from law school, Mr. Stuart clerked for the Hon. John Gleeson in the Eastern District of New York.

Mr. Stuart is a member of the American Bar Association and the International Bar Association.