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Most executives believe their D&O insurance will protect them if the SEC comes calling. The harsh reality is that the policy language is often designed to deny coverage for the exact scenario that ruins careers: an SEC investigation where the company is under scrutiny.
The False Comfort of D&O Insurance
D&O policies typically cover defense costs for individual directors and officers facing SEC investigations. They typically do NOT cover costs incurred by the company responding to the same investigation.
What is NOT covered:
- The company’s legal bills to respond to the SEC’s investigation
- The cost to produce documents, hire outside counsel, and respond to subpoenas
- Investigative costs incurred by the company (the bulk of the expense)
The Real Cost of SEC Investigations
SEC investigations often last years with legal fees exceeding $5 million just to respond to investigative demands. A single subpoena can require production of hundreds of thousands of documents.
How D&O Insurers Play the Coverage Game
- Most policies require a “Claim” to be made — a subpoena is often not considered a “Claim.”
- Costs incurred before a formal filing may not be covered.
- “Prior knowledge” exclusions may apply.
How to Protect Yourself
- Buy policies that specifically cover investigative costs incurred by the company.
- Negotiate clear, unambiguous language covering exact risks you face.
- Consult an experienced broker and outside counsel.
Reduction in pretrial jail population since NJ bail reform implementation.
Source: NJ Judiciary Annual ReportApproval rate for properly filed expungement petitions in NJ.
Source: NJ Courts Statistical ReportCommon Mistakes to Avoid
Actually Stay Silent
Most people know they have the right to remain silent but still talk to police. Anything you say can and will be used against you. Politely decline to answer questions until your attorney is present.
Bail Conditions Are Enforceable
Violating bail conditions, even minor ones, can result in immediate re-arrest and make it much harder to obtain bail again. Follow every condition to the letter.
Proven Track Record
Recent Case Results
*Results may vary depending on your particular facts and legal circumstances.
SEE ALL CASE RESULTSWhat Our Clients Say
"Facing an SEC investigation was terrifying. The Spodek team negotiated a resolution that preserved my career and my reputation. Their knowledge of securities law is unmatched."— David A., SEC Defense Client MORE REVIEWS
Lead Attorney & Founder
Todd Spodek
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience to every case.
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Frequently Asked Questions
New Jersey reformed its bail system in 2017. Instead of a cash-based system, judges now use a Public Safety Assessment (PSA) to determine whether a defendant should be released pretrial. Most defendants are released with conditions, while those deemed high-risk may be detained. An experienced attorney can argue for favorable release conditions at your detention hearing.
No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say to police can be used against you in court. Politely invoke your rights by saying "I want to speak with my attorney before answering any questions." This cannot be held against you.
Attorney fees vary based on the complexity of the case, the charges involved, and whether the case goes to trial. At Spodek Law Group, we offer transparent pricing and flexible payment plans. We provide a free initial consultation to discuss your case and give you an honest assessment of costs. Investing in quality representation often saves far more in the long run than choosing the cheapest option.
An arraignment is your first court appearance after being charged with a crime. The judge will read the charges against you, and you'll enter a plea (usually not guilty at this stage). The judge will also set bail or release conditions. Having an attorney at your arraignment is critical, as they can advocate for favorable bail terms and begin building your defense strategy from day one.
Why Clients Choose Spodek Law Group
45 seconds that explain our difference
