Failure to Earn: What Scattershot Enforcement of Sarbanes-Oxley Clawbacks Tells Us About Paybacks Under Dodd-Frank
I wrote at MarketWatch about the SEC’s proposed Dodd-Frank clawback rule.
Posts
McKenna Interviewed By The FCPA Compliance and Ethics Report
/in The Big 4 And GlobalizationI was interviewed back in August by Tom Fox for his podcast on FCPA compliance and ethics issues.
SEC News at MarketWatch
/in Food for ThoughtOn July 21 Dodd-Frank will be five years old. If I hadn’t been through the same thing with Sarbanes-Oxley now twice, I’d be more excited. But the partisan rancor on this law, especially at the SEC, is even worse.
Journalists’ Obligations In The Shareholder Value Maximization Debate
/1 Comment/in Food for Thought, Pure ContentI wrote about two journalists who penned sympathetic stories about shareholders and other stakeholders who can’t get their voices heard but who, in service to shorter and simpler narratives, paid short shrift to the active and contentious debate about shareholder primacy and shareholder value maximization.
New At Forbes Online: The Precarious Financial Position Of The New York Times
/in Latest, Pure Content, You Can Quote Me On ThatUpdate: This column was linked to by the NYT Public Editor! I published some New York Times numbers over at Forbes.com, “Time Is Running Short For The New York Times”, in anticipation of the company’s 3Q earnings announcement on October 30.
The Full Service Firm: McKenna Comments For Canada’s The Bottom Line On Legal Services
/in You Can Quote Me On ThatI’m quoted extensively in an October 2014 The Bottom Line piece on the Big Four expansion into full-fledged legal services.
PwC Put Guy Who Whitewashed For Bank In Partner Spot
/4 Comments/in Pure Content, The Big 4 And ConsultingThe NYDFS PwC investigation discovered several emails that Benjamin Lawsky, the Superintendent of Financial Services for New York, characterized Monday as examples of a consultant going along with a “whitewash”.
Big Four Takeovers Raise Concerns: McKenna Featured In The Bottom Line
/in The Big 4 And ConsultingThe August issue of The Bottom Line in Canada includes quite a few quotes and a nice color photo of me in a story about the wave of new consulting firm acquisitions by Big Four audit firms all over the world.
US Department of Justice v KPMG: Document Shows “Too Few To Fail” Was Opening Premise
/2 Comments/in Attorney-Client Privilege, PCAOB, Pure Content, Regulators, Laws, Standards, Regulations, Sarbanes-Oxley, SEC, The Case Against The AuditorsA new KPMG tax shelter era document surfaced, in original format, that had not yet been cited or quoted from in any media reports. The document tells us that late in the negotiations, June 27, 2005 the DOJ still would not agree to all of KPMG’s terms, including promising not to criminally charge the firm. But the decision to make sure the firm did not “go under” had already been made. KPMG and its Skadden attorneys only had to make sure the DOJ didn’t, in a misguided show of sheer aggressiveness, cause another Arthur Andersen.
Guest Lectures At Stanford Graduate School Business
/3 Comments/in Pure Content, Where I've BeenMy notes for guest lectures (there were two sections, back-to-back) February 10, 2014 for Bus F332/Law 725, Finance and Society, at Stanford University Graduate School of Business, taught by Professor Anat Admati. Emphasis: The auditors’ role in corporate governance in financial institutions and specifically how auditors not inadvertently stifle the actual use of compensation clawbacks.
VC Horowitz Implicates Auditor PwC In Story About Dodging Backdating Bullet
/3 Comments/in Latest, Pure Content, The Case Against The AuditorsImagine my surprise when Ben Horowitz, one half of the venture capital team of Andreessen Horowitz, wrote a blog post about dodging a stock option backdating jail term that also implicates PwC.
New Work Appearing At Al Jazeera Online
/2 Comments/in Writing for OthersTwo new pieces, on ethics and investor protection, at Al Jazeera America Online.