ARTICLE
27 January 2023

A Trending Question: Litigate Or Settle?

MF
Morrison & Foerster LLP

Contributor

Known for providing cutting-edge legal advice on matters that are redefining industries, Morrison & Foerster has 17 offices located in the United States, Asia, and Europe. Our clients include Fortune 100 companies, leading tech and life sciences companies, and some of the largest financial institutions. We also represent investment funds and startups.
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.
United States Corporate/Commercial Law

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.

Read the full article.

Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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