Corporate Investigations, Monitorships and Examinerships
A Trusted, Objective Resource
While many federal monitors have been named by the U.S. Department of Justice (DOJ) in the past few years, only BakerHostetler has been appointed by the government four times—for Merrill Lynch, the Bank of New York, Mellon Bank and Local 14-14B of the International Union of Operating Engineers. Our monitorship team brings to each engagement a recognized reputation for integrity, thorough analysis and sound judgment.
Since 2006, we have also been named as Third Party Examiner in three FINRA settlements with broker-dealers affiliated with New York Life Insurance and Prudential Securities, arising from mutual fund sales practices. Our appointment to Third Party Examinerships is always with the recommendation of the involved broker-dealer, subject to the approval of FINRA. Our repeated success at being appointed in this joint selection and approval process underscores our national reputation for excellence and technical securities knowledge. Our examiner team brings over twenty years experience in representing the securities industry with a reputation for fairness and extensive knowledge of the securities laws.
Seeing Beyond the Horizon
Our oversight experience gives us unique insight into business operations, compliance procedures and crisis response. We put that knowledge to use when counseling other companies faced with similar circumstances. BakerHostetler provides more than just counsel to defend clients: we see beyond the horizon to help clients minimize the legal, economic and reputation risks these issues pose.
When companies recognize a potential area of exposure, we can step in to conduct risk assessment, counsel board members and executives on decision-making and recommend voluntary action such as development of internal monitorship programs.
Simply put, we understand the government's inquiry process and know how to manage the resources and complexities of major investigations. We work to keep our clients out of the headlines and in compliance with today's regulatory and statutory requirements.
When Conflict Is Inevitable
In situations when companies must defend themselves against complex government, regulatory or private party actions, BakerHostetler's years of trial experience can make all the difference. Our team includes a deep bench of former senior prosecutors from the DOJ, former state and local prosecutors and former enforcement officials from the SEC and FINRA. In courtrooms and hearing rooms, our trial-tested teams have successfully represented public and private companies as well as officers, directors and employees. This actual, successful, trial experience is particularly helpful when negotiating a possible matter resolution with the government.
When necessary, we also draw upon the significant resources of our nationwide firm, calling upon practitioners with experience in antitrust, tax, employment law, healthcare fraud, international crimes, homeland security and more.
Whether the matter at hand involves a criminal investigation, an SEC or FINRA regulatory matter or whistle-blower complaints filed by employees, having the right team answer the call makes all the difference.
BakerHostetler: The right team.