Corporations are holding their respective breaths. SEC Chairperson Gary Gensler and his SEC colleagues are moving quickly to establish a regulatory framework for ESG disclosures. Climate change and diversity are the key issues surrounding this disclosure regime. The SEC initiative is easier said than done and presents a number of interesting issues that will have to be resolved. The SEC has invited comments on climate...
This week I am running a series of posts on healthcare fraud enforcement and the False Claims Act. With all the controversy swirling around the Mueller investigation and prosecutions, the Justice Department continues its aggressive pursuit of healthcare fraud. The Justice Department’s machinery and resources are producing a steady stream of False Claims Act cases and settlements. Just like other enforcement areas, companies in the...
Sarbanes-Oxley revolutionized the auditing profession. Section 404 imposed stringent requirements for disclosure of the state of a company’s internal controls and financial reporting. The company’s independent auditor is required to report on the effectiveness of the company’s internal controls, and include bribery, theft and fraud. The requirements are intended to prevent a material misstatement of the company’s financial statements. The key term of art surrounding...
