FINRA Investigations — To Joint Rep Or Not To Joint Rep?

Law360, New York (March 12, 2013, 12:38 PM EDT) -- Q: Do you understand that your counsel represents both the firm you work for and other individuals in this matter?

A: Yes.

Q: Do you wish to proceed?

A: Umm … yes?

This exchange, or something similar, should sound familiar to any lawyer who has been retained by a company to jointly represent it and those of its employees who have been called upon by the Financial Industry Regulatory Authority to provide on-the-record (OTR) testimony in connection with an enforcement investigation. While FINRA understandably asks the...
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