Regulation, Compliance, & MONITORSHIPS
Paredes Strategies LLC advises companies on financial regulation, including impacts on compliance, business strategy, governance, and overall risk management. Areas of focus have involved, among many other things, the standard of conduct for broker-dealers and investment advisors, equity market structure, capital formation and the JOBS Act, the SEC’s initiatives to reform mutual fund regulation, the Federal Reserve Board’s interest in regulating asset management, SEC examinations and inspections, disclosure reform, and cybersecurity. These topics illustrate the range of items Paredes Strategies LLC focuses on for an equally wide range of entities, including banks, broker-dealers, hedge funds, private equity funds, mutual funds, exchanges, and even non-financial services firms impacted by regulatory developments at the SEC and other regulators.
Recently, Paredes Strategies LLC has been called on to advise on a host of matters concerning blockchain, such as the regulatory requirements relating to initial coin offerings, the regulatory status of cryptocurrencies, and the compliance-related applications of blockchain technology. This work is part-and-parcel of the firm’s fintech and regtech practice more broadly.
In addition to advising clients on regulation and compliance, Paredes Strategies LLC has brought Paredes’ extensive government, compliance, enforcement, and regulatory experience to bear in serving as an independent compliance consultant/corporate monitor.
Regulatory Strategy & Change Management
Paredes Strategies LLC advises clients regarding their regulatory strategy and regulatory change management practices. This centers on evaluating the effects of a changing regulatory landscape on a company's business plans, operations, and risk profile and developing options for how a company can best respond. By way of example, Paredes Strategies LLC assists clients in understanding current policy and regulatory developments and what may happen going forward in terms of regulatory change, heightened compliance, and potential enforcement actions; adapting a firm's control environmental, governance, and training to correspond to regulatory change as it occurs; assisting in preparing comment letters in response to proposed rulemakings; strategizing about no-action letters and other exemptive requests or regulatory applications; developing communications strategies, including in connection with crisis management; and preparing white papers and undertaking studies of key issues.
Paredes Strategies LLC provides corporate governance advice as it relates to board and management structures and practices, compliance, and shareholder engagement. Boards and senior management are more focused than ever on how regulation impacts the business – strategy, risk management, reputation/brand, culture, etc. In addition, there are many SEC regulatory developments over the past few years and more to come that relate to governance and executive compensation. These have related to say on pay, proxy access, proxy advisory firms, shareholder proposals, executive compensation clawback, and CEO pay ratio. Moreover, the SEC and other regulators prioritize governance and “tone at the top” as part of their examination/supervision function and their rulemakings. And perhaps more than ever, companies need to concern themselves with shareholder activism and consider how best to engage with their investors.
Enforcement & Litigation
Paredes Strategies LLC provides expert consulting services and serves as a strategic advisor for clients on disputes and internal investigations relating to SEC enforcement actions, Department of Justice prosecutions, and private litigation involving securities regulation and corporate governance. In addition to more traditional litigation and dispute support, this includes advising on settlement strategy and presentations that a potential or actual defendant and counsel will make to the SEC or DOJ in government investigations and actions. This service could be conceived of as a type of “mooting” or “murder boarding” of a settlement offer/presentation (or a Wells submission or pre-Wells submission) before it is actually made to the government.
Paredes Strategies LLC is available to conduct arbitrations and mediations, having a multi-faceted perspective on dispute resolution that reflects its founder’s experience shaping regulatory regimes as an SEC Commissioner, adjudicating disputes while in government, and now advising companies on building and implementing compliance programs.