Articles
Briglia Hundley® offers an in-depth range of resources, articles, and links to help you gather further information about our practice areas. Our attorneys are frequent authors and contributors to legal treatises and publications. In addition, our attorneys regularly speak at professional conferences and continuing legal education courses. We are proud to present a library of some of our publications, presentation materials, and links to videos of speeches for general informational and educational purposes.
January 8, 2025
A Look At PCAOB’s Record-Breaking Enforcement In 2024
By Robert Cox and Jacob DeRue, Associate. Published on Law 360.
In November 2021, the U.S. Securities and Exchange Commission appointed four new board members, including Chair Erica Williams, to the five-member Public Company Accounting Oversight Board.[1] The board promised more enforcement and increased sanctions during its tenure. As shown by the 2024 audit year, the board has delivered on its promise.
December 7, 2024
SEC v. Jarkesy: The Case That Could Prevent the PCAOB from Seeking Civil Penalties
By Raymond Starks-Taylor and published by the American Bar Association Section of Litigation Professional Liability Litigation Committee.
In a 6-3 decision, the U.S. Supreme Court held in Securities & Exchange Commission v. Jarkesy that the Seventh Amendment right to a jury trial applied to an SEC enforcement proceeding for fraud.
November 2, 2023
Meet The Attorneys Facing Off In Polsinelli Sexual Harassment Suit
Robert H. Cox is a commercial trial attorney with the Tysons Corner, Virginia, firm Briglia Hundley P.C.® who litigates business cases and represents clients in government investigations.
January 27, 2023
PCAOB’s Tough Enforcement Likely to Continue in 2023
#SECAndPCAOBDefense
February 5, 2021
PCAOB Enforcement Scorecard Informs On Future Priorities
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August 28, 2020
Property Loss or Damage That Triggers Business Interruption Coverage for COVID-19-Related Losses
Arden B. Levy and Robert H. Cox co-authored, “Property Loss or Damage That Triggers Business Interruption Coverage for COVID-19-Related Losses”, which was published by the American Bar Association Litigation, Insurance Coverage Committee.
An overview of how claims for insurance might proceed, focusing on how policyholders are approaching their claims and asserting property loss and damage, and how some courts are starting to rule.
#InsuranceCoverageLitigation
May 12, 2020
Solutions For Commercial Tenants Facing Rent Challenges
COVID-19 has significantly impacted the commercial real estate industry. Restaurants, retailers, medical professionals and personal care businesses have been ordered by state governors and localities to shutter all or most of their businesses.
As income has dwindled, commercial tenants have struggled to pay rent. While some businesses have received a lifeline through the Paycheck Protection Program, approximately 75% of the money must be spent on employee payroll, leaving only 25% to cover rent, utilities and other expenses.
In addition, the PPP funds will only cover a few weeks of operating expenses. As states begin to relax restrictions, many tenants will still need months, perhaps a year, to return to previous levels of monthly income.
Landlords want to keep spaces occupied and minimize lost rental income. Tenants want to keep space for continued business operations as state shelter-in-place and social distancing orders are relaxed while obtaining rent relief for the period of disruption to their businesses. This article explores ways for landlords and tenants to achieve their goals.
#CommercialRealEstate
January 17, 2020
PCAOB’s 2019 Enforcement Actions Hint At 2020 Focus
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February 13, 2019
PCAOB Enforcement Actions Decline As Board Faces Change
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January 23, 2019
Strafford Live Webinar: “Broker-Dealer Audits: Overcoming Costly Deficiencies in PCAOB Examinations, Avoiding Sanctions.”
On January 23, 2019, Robert H. Cox, Of Counsel at Briglia Hundley®, Steven E. Richards, Senior Managing Director at Ankura Consulting Group, and J. Bradley Bennett Former Executive Vice President, Financial Industry Regulatory Authority (FINRA) spoke in a Strafford live webinar, “Broker-Dealer Audits: Overcoming Costly Deficiencies in PCAOB Examinations, Avoiding Sanctions.”
#SECAndPCAOBDefense
Fall 2018
“Overview of the VBOA (Virginia Board of Accountancy) Disciplinary Process”
Robert Cox’s presentation for the 48th Annual Virginia Accounting and Auditing Conference on “Overview of the VBOA (Virginia Board of Accountancy) Disciplinary Process”.
#SECAndPCAOBDefense
Fall 2018
48th Annual Virginia Accounting and Auditing Conference
Robert Cox’s presentation for the 48th Annual Virginia Accounting and Auditing Conference on “Key 2018 VBOA Disciplinary Orders”.
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November 15, 2018
Why Midterms Will Have Little Effect On Audit Regulation
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October 16, 2018
Responding To A PCAOB Investigation (Lawline NYC Presentation)
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August 25, 2018
Lucia v. SEC—ALJs Are “Officers” of the United States Who Must Be Appointed under the Appointment Clause.
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June 15, 2018
Briglia Hundley®’s Robert Cox published in Law360: What To Expect From PCAOB’s Ongoing Transition.
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The Public Company Accounting Oversight Board is currently undergoing a significant transformation as the new board charts a new path. In December 2017, the U.S. Securities and Exchange Commission took the unprecedented move of replacing the PCAOB chairman and all of the then-currently serving board members. Prior to December 2017, the board members served staggered terms and were frequently reappointed to serve second five-year terms.
April 25, 2018
Robert Cox’s presentation speech to the Northern Chapter of the Virginia Society of CPAs on “The New Audit Reporting Model.”
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April 18, 2018
Briglia Hundley®’s Robert Cox published in Law360: Tips For Defending PCAOB Investigations.
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The Public Company Accounting Oversight Board continues to be active in the enforcement of laws, regulations and auditing standards applicable to accounting firms and accountants performing audits of public companies and broker-dealers. It is important for auditors and their counsel to be aware of the PCAOB investigatory process and decision points in the process should they become the focus of a PCAOB informal or formal investigation. The following are some tips and considerations in representing an accounting firm and accountants in a PCAOB investigation, including some recent developments that impact how counsel defend an investigation.
April 9, 2018
Briglia Hundley®’s Robert Cox published in the newsletter for Professional Liability Litigation Committee of the American Bar Association Section of Litigation: How to Respond to a PCAOB Informal Request.
#SECAndPCAOBDefense
Since its creation in 2002, the Public Company Accounting Oversight Board’s (PCAOB) enforcement activity has increased in both number of disciplinary orders and size of civil monetary penalties. PCAOB’s Division of Enforcement and Investigations (DEI) opens numerous enforcement matters each year. The first step in the enforcement process is usually the opening of an informal inquiry and the almost immediate issuance of an informal request, also known as an accounting board request. This article provides an overview of the informal inquiry process.
April 3, 2018
Briglia Hundley®’s Robert Cox published in Law360: PCAOB Case Expands Legal Exposure For Audit Failures.
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A defense of an audit engagement partner that he or she cannot be personally liable for deficient work the partner did not personally perform is no longer viable after a recent decision by the Public Company Accounting Oversight Board.
February 1, 2018
Briglia Hundley®’s Robert Cox published in Law360: Another Active Year For PCAOB Enforcement.
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2017 was another active year for the Public Company Accounting Oversight Board’s Division of Enforcement and Investigations. The PCAOB made 55 settled and adjudicated orders public in 2017, a slight decrease from the 59 disciplinary proceedings it made public in 2016.
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Nothing on this page, or in links provided on this page, constitutes legal advice or the practice of law. Nor does viewing this page form an attorney/client relationship between you and Briglia Hundley, P.C.® All visitors should consult with a qualified legal professional regarding their individual questions, needs, or issues that may be of concern. We are not responsible for any action taken by a reader based upon any information on this site. All of the content on this site is for general informational and educational purposes only.
