Subpoenaing Third Parties in Proceedings before the Massachusetts Securities Division

Practice Tips

The Massachusetts Securities Division (“Division”) is the state agency entrusted with protecting investors.  And the scope of its power is considerable, ranging from the authority to order the disgorgement of profits to its ability to issue cease and desist demands.  But parties defending against the Division’s Registration Inspections, Compliance and Examinations (“RICE”) Section are often disadvantaged by a very limited right to discovery.

Respondents in Division proceedings can, however, request to subpoena third parties, which can be valuable considering the paucity of other discovery tools.  But getting the Division to issue a subpoena is not easy or intuitive.  This article, therefore, provides an overview of the subpoena process in adjudicatory proceedings before the Division.

Continue reading Thomas Sutcliffe’s article featured in the Boston Bar Journal.