Kevin Muhlendorf Discusses Impact of Remote Testimony on SEC Investigations

August 21, 2020

Kevin B. Muhlendorf, partner in Wiley’s White Collar Defense & Government Investigations and Securities Enforcement and Litigation practices, was quoted in a Global Investigations Review (GIR) article about the impact of remote testimony on investigations by the U.S. Securities and Exchange Commission (SEC).

Remote testimony has enabled the SEC to move forward with investigations during the COVID-19 pandemic, according to the August 20 article. But talking with witnesses by videoconference also presents some challenges, said Mr. Muhlendorf, who previously served as Senior Counsel in the SEC’s Enforcement Division.

Taking virtual testimony from a witness who does not have a lawyer in the same room could have some downsides for the SEC, Mr. Muhlendorf told GIR. “A lawyer helps with the record, and the record isn’t going to be as good” if counsel isn’t with their client, he said.

To read the article, click here (subscription required).

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