02/09/22 – Expect More Robust PCAOB Enforcement This Year
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02/05/21 – PCAOB Enforcement Scorecard Informs On Future Priorities
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08/28/20 – 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.
05/12/20 – 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.
01/17/20 – PCAOB’s 2019 Enforcement Actions Hint At 2020 Focus
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02/13/19 – PCAOB Enforcement Actions Decline As Board Faces Change
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01/23/19 – 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.”
Fall 2018 – Robert Cox’s presentation for the 48th Annual Virginia Accounting and Auditing Conference on “Overview of the VBOA (Virginia Board of Accountancy) Disciplinary Process”.
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Fall 2018 – Robert Cox’s presentation for the 48th Annual Virginia Accounting and Auditing Conference on “Key 2018 VBOA Disciplinary Orders”.
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11/15/18 – Why Midterms Will Have Little Effect On Audit Regulation
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10/16/18 – Responding To A PCAOB Investigation (Lawline NYC Presentation)
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08/25/18 – Lucia v. SEC—ALJs Are “Officers” of the United States Who Must Be Appointed under the Appointment Clause.
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06/15/18 – Briglia Hundley’s Robert Cox published in Law360: What To Expect From PCAOB’s Ongoing Transition.
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.
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04/25/18 – Robert Cox’s presentation speech to the Northern Chapter of the Virginia Society of CPAs on “The New Audit Reporting Model.”
Download the presentation speech here (163kb PDF)
04/18/18 – Briglia Hundley’s Robert Cox published in Law360: Tips For Defending PCAOB Investigations.
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.
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04/09/18 – 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.
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.
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04/03/18 – Briglia Hundley’s Robert Cox published in Law360: PCAOB Case Expands Legal Exposure For Audit Failures.
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.
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02/01/18 – Briglia Hundley’s Robert Cox published in Law360: Another Active Year For PCAOB Enforcement.
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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