Steve Peikin and Jamie McDonald, former heads of the enforcement divisions at the Securities and Exchange Commission and the Commodity Futures Trading Commission, respectively, authored an article for Law360. The authors discuss various arguments and advocacy techniques counsel employed when responding to enforcement actions by the SEC and CFTC.
“In our view, the most fundamental quality to successful advocacy is the credibility of counsel,” the authors write. “Simply put, if counsel is believed to be believable, the road to a successful outcome becomes a smoother one.”