A Trending Question: Litigate or Settle?

Haima Marlier spoke to Regulatory Compliance Watch about the Securities and Exchange Commission (SEC) seemingly driving more defendants to litigate their enforcement actions rather than to settle.

According to Haima, while you don’t get the SEC case file right away in a court case, you can get the list of all names who can support the SEC’s claims and perhaps a chart of all documents used by the Commission. Armed with this information, “you can quickly see who they’ve been talking to,” she added.

Another advantage of litigating is that you can get discovery to help clients “understand why a resolution might be in their best interests,” Haima continued. You can also take depositions and then go back to the SEC with a stronger position – or a weaker one – to seek a settlement.

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