Trust But Verify

From more aggressive use of “cooperation factors” to extensive undertakings that impose monitors or require the use of external consultants, financial regulators have changed how they pursue and how they ultimately conclude their enforcement matters.  These changes are having a material impact on how regulated businesses must defend themselves.  This timely session will provide an overview of how government investigations tactics are changing, most recently with the issuance of CFTC Enforcement Division’s October 2023 advisory which provides specific guidance and practices that companies can adapt to achieve favorable outcomes and avoid larger fines and burdensome undertakings.