BarbriSFCourseDetails
  • videocam Live Webinar with Live Q&A
  • calendar_month February 24, 2026 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel Banking and Finance
  • schedule 90 minutes

Changes to SEC and CFTC Wells Process and Related Rules: Implications for Investigations and Enforcement Actions

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About the Course

Introduction

This program will examine the latest reforms to the Commodity Futures Trading Commission (CFTC) and Securities and Exchange Commission (SEC) rules relating to investigations and enforcement actions, specifically the Wells process. The panel will discuss the implications of these changes and provide guidance for advising companies and individuals facing investigations or enforcement actions in light of these recent reforms. 

Description

The Wells process gives parties under investigation the chance to present their side of the story and to argue against charges, for reduced charges, or propose a settlement before the SEC or CFTC decides whether to charge the party with violations. However, the process is fraught with legal pitfalls.

The SEC recently adopted changes to the Wells process. These changes expand opportunities for respondents to engage with SEC leadership before and during the Wells process, increase transparency of the evidence underlying a Wells notice, and extend the timeframe for respondents to prepare and submit their responses from two weeks to at least four weeks.

Similarly, the CFTC also adopted amendments to its Rules of Practice and Rules Relating to Investigations, including the agency's Wells process. The CFTC's reforms align with the SEC's changes and require that a Wells notice be in writing and identify the specific charges the Department of Enforcement (DOE) plans to recommend to the Commission. The notice must also include the specific evidence that forms the basis for the DOE's recommendations. The recent amendments also require the CFTC to provide a minimum of 30 days to respond to a Wells notice, as compared to the prior response time of 14 days. 

Listen as our authoritative panel discusses the recent SEC and CFTC reforms to the Wells process, settlement procedures, and related rules and provides strategies for navigating the Wells process to settle complaints on behalf of clients facing SEC or CFTC investigations.

Presented By

John J. Carney
Co-Leader White Collar, Investigations and Securities Enforcement and Litigation Team
BakerHostetler

Mr. Carney is a former Securities Fraud chief, assistant U.S. attorney, U.S. Securities and Exchange Commission senior counsel and certified public accountant at a “Big Four” accounting firm. He is a seasoned advocate who represents public and private corporations and financial institutions in complex civil, regulatory and criminal law enforcement investigations and litigation, and advises and defends corporations and senior officers on FCPA compliance, investigation and defense. Having litigated for, and against, the U.S. government, Mr. Carney strongly encourages clients to take preemptive governance and remediation measures to mitigate legal and reputational risk in today's increasingly aggressive law enforcement environment. He lectures extensively at domestic and international conferences and training seminars on anticorruption and anti­-money laundering laws, corporate governance, compliance and disclosure, insider trading, securities, tax and other financial crimes, and defending complex and multijurisdictional civil and criminal cases.

Michelle N. Tanney
Partner
BakerHostetler

Formerly of the world’s leading derivatives exchange, Ms. Tanney has a broad securities, derivatives, and compliance practice focused on representing public companies and corporate executives in complex civil and regulatory enforcement actions before the SEC, DOJ, and FINRA. She also provides counsel on compliance issues and remedial measures to mitigate financial or reputational risk, including those concerning evolving financial regulations and corporate management. Ms. Tanney’s experience also includes providing counsel to emerging companies, including scalable startups, on issues related to blockchain, cryptocurrency, and digital assets. Leveraging her knowledge of financial markets and complex financial instruments, Ms. Tanney serves as a lead attorney on significant matters in connection with the firm’s role as court-appointed counsel to Irving H. Picard, SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. She is a frequent writer and commentator on regulatory, compliance, and enforcement-related matters involving the SEC, DOJ, and Commodity Futures Trading Commission.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, February 24, 2026

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Overview of the Wells process

II. SEC's recent amendments to the Wells process and settlement procedures

III. Changes to the CFTC's Rules of Practice and Rules Relating to Investigations, including the Wells process

IV. How the CFTC's rule changes align with the SEC's recent reforms

V. Implications of these reforms on future CFTC and SEC investigations and enforcement actions

VI. Strategies for counsel advising clients facing CFTC or SEC investigations or enforcement actions

The panel will review these and other key considerations:

  • What reforms did the SEC and CFTC make to the Wells process and settlement procedures?
  • What other related changes did the CFTC make to its Rules of Practice?
  • What are the implications of these recent reforms on investigations and enforcement actions?
  • What are key strategies for companies and individuals facing SEC or CFTC investigations or enforcement actions in light of these recent changes?