6 Securities Law Techniques Scope

For other materials related to this Chapter, see:

• 1.Chapter 86, SEC Enforcement Investigations

An injunctive action may be brought by the SEC following the conclusion of its investigation of the defendant. If the defendant is notified that the SEC staff is considering recommending an injunctive action, the prospective defendant may have the opportunity to make a “Wells Submission” (§ 86.10).

• 2.Chapter 88, The SEC Administrative Hearing

Normally, the SEC institutes an injunctive action instead of an administrative proceeding in cases involving more serious violations and where it is necessary to stop the alleged unlawful activity. In addition, the entry of an injunction against broker-dealers and investment advisers can be the basis of an SEC administrative proceeding against such registered entities.

• 3.Chapter 93, Attorney-Client Privilege; Work Product Rules

The work product doctrine of Rule 26(b)(3) of the Federal Rules of Civil Procedure applies to government ...