Disqualifying Counsel: A New SEC Enforcement Tactic?

Law360, New York (August 17, 2010, 6:35 PM EDT) -- Amid the rebuilding of the U.S. Securities and Exchange Commission’s enforcement program, a new trend may be emerging — interference by the enforcement staff with the relationship between witnesses and their counsel.

In a number of public speeches, senior division leadership has suggested that the SEC’s new cooperation tools and the rewards that they provide to early cooperators will create conflicts for counsel representing multiple witnesses in the same investigation.

While there is nothing improper or necessarily incorrect about these statements, this emphasis runs the real...
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