SEC Approves Amendments to FINRA Rule 9251 to Explicitly Protect from Discovery Documents That Federal Law Prohibits FINRA from Disclosing

Katten Muchin Rosenman LLP
Contact

The Financial Industry Regulatory Authority has issued Regulatory Notice 11-50 regarding amendments to FINRA Rule 9251 (the Rule). The Rule describes the types of documents that FINRA’s Enforcement and Market Regulation Departments must produce to respondents during the discovery phase of a FINRA proceeding. The Rule explicitly protects certain types of documents from production (e.g., documents protected by attorney-client privilege or attorney work-product). As a result of the approved amendments, the Rule also protects documents that federal law prohibits FINRA from disclosing. The Rule removes FINRA’s previous requirement to seek a good cause determination from a hearing officer to allow FINRA to withhold such documents. The Rule also prohibits a hearing officer from ordering Enforcement or Market Regulation to either produce or reveal information about the existence of a document to a respondent if federal law prohibits such disclosure. The amendment, however, contains a procedural safeguard allowing a hearing officer to review a document to determine whether federal law prohibits its disclosure by Enforcement or Market Regulation.

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: 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.

© Katten Muchin Rosenman LLP | Attorney Advertising

Written by:

Katten Muchin Rosenman LLP
Contact
more
less

Katten Muchin Rosenman LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide