Black Market Law Firms

Total Page:16

File Type:pdf, Size:1020Kb

Black Market Law Firms Alabama Law Scholarly Commons Articles Faculty Scholarship 2019 Black Market Law Firms Casey E. Faucon University of Alabama - School of Law, [email protected] Follow this and additional works at: https://scholarship.law.ua.edu/fac_articles Recommended Citation Casey E. Faucon, Black Market Law Firms, 41 Cardozo L. Rev. 2283 (2019). Available at: https://scholarship.law.ua.edu/fac_articles/617 This Article is brought to you for free and open access by the Faculty Scholarship at Alabama Law Scholarly Commons. It has been accepted for inclusion in Articles by an authorized administrator of Alabama Law Scholarly Commons. BLACK MARKET LAW FIRMS Casey E.Faucont In business and in competition, value exists in strikingfirst. Accountants, the so- called hawks of the professional world, have made the first move. In September 2017, the global accountinggiant PwC opened a law firm in Washington, D.C. called ILC Legal. ILC Legal not only provides legal services on non-domestic matters, but also acts as a multidisciplinaryprovider (MDP) and offers other professional services, such as tax-planning, business consulting, and marketing, throughout its ninety-country network. In June 2018, Deloitte quickly followed suit, the second of the Big Four accountingfirms to enter the U.S. MDP market, partneringwith a U.S. immigration law firm in San Francisco. With accountants now having the 'first mover" advantage, the legal profession must respond. Restricting any competitive response are the legal profession's current ethical rules. Two weaknesses in the legal profession's integrity system-the self-regulatory market monopoly over legal services and the ethical treatment of all lawyering acts under a unified profession of law-have restricted collaborativeinnovations between lawyers and non-lawyers. No more pronounced are larger impacts of these weaknesses to the overall competitiveness of the legal profession than when viewed through the exemplar of Model Rule of Professional Conduct Rule 5.4, which protects the professional independence of a lawyer through prohibiting non-lawyer ownership of law firms. This rule has not stopped accountants, however, from hiring lawyers en masse to deliver legal services to their business and tax clients; nor has the rule stopped enterprising lawyers from collaboratingwith non-lawyer professionals in an attempt to keep pace and to provide more holistic and comprehensive legal services to clients. t Casey E. Faucon is an Assistant Professor and Director of the Entrepreneurship & Nonprofit Clinic at the Hugh F. Culverhouse Jr. School of Law at the University of Alabama. The author would like to thank Patience Crowder, Kevin Lynch, Janet Goode, Erik Franklin Amarante, Matthew Rossman, Susan Jones, Courtney Cross, Allyson Gold, Ron Krotoszynski, Nicole Godfrey, Rachel Moran, Timothy Estep, Laura Rovner, Tamara Kuennen, Nantiya Ruan, and Lindsey Webb for providing feedback on previous drafts and presentations. 2283 2284 CARDOZO LAW REVIEW [Vol. 41:2283 This Article calls for recognition and regulation of MDPs because the legal profession must now overcome the accountants'firstmover advantages. Despite this initial competitive setback, the legal profession is also now in a position to leverage its current self-regulatorymonopoly over legal services to market higher quality,ABA and state ethics board-accreditedMDP services to clients. This Article then proposes a regulatoryframework for recognizing and regulatingMDPs based on a classification scheme which categorizes MDPs based on the potential risk that the ownership and control structure could undermine a lawyer's independent judgment. This novel classification scheme categorizes MDPs as either white, gray, or black market lawfirms depending on the percentage of non-lawyer majority ownership and control of the MDP. Based on those categories, this Article argues that we should revise Rule 5.4 to allow for unlimited associationalformsbetween lawyers and non-lawyerprofessionals but prohibit lawyers from providing legal services in black market MDPs, or MDPs which are majority owned and controlled by non-lawyers. TABLE OF CONTENTS IN TRO D U CTIO N .............................................................................................................. 2286 I. THE LEGAL PROFESSION'S INTEGRITY SYSTEM FAILURES .................................... 2293 A. The Legal M arket M onopoly ..................................................................... 2294 1. Self-R egulation ............................................................................... 2295 a. H istory and Justification ................................................... 2295 b . Effects .................................................................................. 2297 2. Self- Regulatory Competition + Risk- Based and Outcomes- Based R egulation ....................................................................................... 2298 B. Regulatory Conflation ............................................................................... 2302 1. U nified Profession of Law ............................................................ 2303 a. U nited States ....................................................................... 2303 b. Civil Law Countries ........................................................... 2305 2. Democratic and Economic Functions of Law and Quasi-Legal R oles ................................................................................................ 2 30 5 3. Im pact on Codes of Ethics ............................................................ 2309 C. Market Responses and Developments...................................................... 2310 1. C orporate Innovations .................................................................. 2311 2. Sm all Firm Innovations ................................................................ 2312 3. Continued Need for Innovation and Empirical Research ....... 2314 2020] BLACK MARKET LAW FIRMS 2285 II. MULTIDISCIPLINARY PROVIDERS .......................................................................... 2315 A. MDPs: A Primer......................................................................................... 2317 1. Definition and Description .......................................................... 2317 2. P rototypes ....................................................................................... 232 1 a. The Cooperative Model .................................................... 2321 b. The Ancillary Business Model ......................................... 2321 c. The Contract or Strategic Alliance Model ..................... 2322 d. The Command and Control Model ................................ 2322 e. The Fully Integrated Model .............................................. 2322 B. Regulation of MDPs ................................................................................... 2323 1. The 1990s-2010s ............................................................................2324 2. R u le 5.4 ............................................................................................ 2326 a. No Fee-Sharing .................................................................. 2326 b. No Partnerships ................................................................. 2327 c. Maintain Professional Independence ............................. 2328 d. For Profit Professional Law Practice Restrictions ......... 2329 3. D .C . R ule 5.4 ................................................................................... 2330 C. CurrentMDP Debate ................................................................................ 2331 1. For Continued Ban ........................................................................ 2332 a. Professional Independence of a Lawyer ......................... 2332 b. Duty of Confidentiality ..................................................... 2333 c. Duty to Avoid Conflicts of Interest ................................. 2333 d. Protection of the Legal Profession ................................... 2334 2. For Recognition and Regulation .................................................. 2334 3. Call to Recognize and Regulate .................................................... 2339 III. BLACK MARKET LAW FIRMS: A REGULATORY MODEL ....................................... 2341 A. Regulatory Models ..................................................................................... 2342 1. Classification Schemes and Regulatory Approaches ................ 2343 2. Analysis of Classification and Regulatory Schemes .................. 2347 B. Gray and Black Market Law Firms.......................................................... 2350 1. D efinition ........................................................................................ 2350 2. A pplication ..................................................................................... 2351 a. Ownership or Control ....................................................... 2352 b. Non- Considerations: Non- Integration, Non-Profit Statu s ................................................................................... 2 354 C. ProposedRegulatory Approach ................................................................ 2355 2286 CARDOZO LAW REVIEW [Vol. 41:2283 1. N on- Proscriptive Ethical Rule ..................................................... 2356 2. Limitations- Regulating for Risks and Outcomes ................... 2358 a. Exem pted MD Ps ................................................................ 2358 b. Gray M arket Law Firm
Recommended publications
  • Billboard.Com “Finesse” Hits a New High After Cardi B Hopped on the Track’S Remix, Which Arrived on Jan
    GRAMMYS 2018 ‘You don’t get to un-have this moment’ LORDE on a historic Grammys race, her album of the year nod and the #MeToo movement PLUS Rapsody’s underground takeover and critics’ predictions for the Big Four categories January 20, 2018 | billboard.com “Finesse” hits a new high after Cardi B hopped on the track’s remix, which arrived on Jan. 4. COURTESY OF ATLANTIC RECORDS ATLANTIC OF COURTESY Bruno Mars And Cardi B Title CERTIFICATION Artist osition 2 Weeks Ago Peak P ‘Finesse’ Last Week This Week PRODUCER (SONGWRITER) IMPRINT/PROMOTION LABEL Weeks On Chart #1 111 6 WK S Perfect 2 Ed Sheeran 120 Their Way Up W.HICKS,E.SHEERAN (E.C.SHEERAN) ATLANTIC sic, sales data as compiled by Nielsen Music and streaming activity data by online music sources tracked by Nielsen Music. tracked sic, activity data by online music sources sales data as compiled by Nielsen Music and streaming Havana 2 Camila Cabello Feat. Young Thug the first time. See Charts Legend on billboard.com/biz for complete rules and explanations. © 2018, Prometheus Global Media, LLC and Nielsen Music, Inc. Global Media, LLC All rights reserved. © 2018, Prometheus for complete rules and explanations. the first time. See Charts on billboard.com/biz Legend 3 2 2 222 FRANK DUKES (K.C.CABELLO,J.L.WILLIAMS,A.FEENY,B.T.HAZZARD,A.TAMPOSI, The Hot 100 B.LEE,A.WOTMAN,P.L.WILLIAMS,L.BELL,R.L.AYALA RODRIGUEZ,K.GUNESBERK) SYCO/EPIC DG AG SG Finesse Bruno Mars & Cardi B - 35 3 32 RUNO MARS AND CARDI B achieve the career-opening feat, SHAMPOO PRESS & CURL,STEREOTYPES (BRUNO MARS,P.M.LAWRENCE II, C.B.BROWN,J.E.FAUNTLEROY II,J.YIP,R.ROMULUS,J.REEVES,R.C.MCCULLOUGH II) ATLANTIC bring new jack swing and the second male; Lionel Richie back to the top 10 of the landed at least three from each of his 2 3 4 Rockstar 2 Post Malone Feat.
    [Show full text]
  • Sarbanes-Oxley, Kermit the Frog, and Competition Regarding Audit Quality Matthew .J Barrett Notre Dame Law School, [email protected]
    Notre Dame Law School NDLScholarship Journal Articles Publications 2008 Sarbanes-Oxley, Kermit the Frog, and Competition Regarding Audit Quality Matthew .J Barrett Notre Dame Law School, [email protected] Follow this and additional works at: https://scholarship.law.nd.edu/law_faculty_scholarship Part of the Business Organizations Law Commons Recommended Citation Matthew J. Barrett, Sarbanes-Oxley, Kermit the Frog, and Competition Regarding Audit Quality, 3 J. Bus. & Tech. L. 207 (2008). Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/638 This Article is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Journal Articles by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. Journal of Business & Technology Law Volume 3 | Issue 2 Article 2 1-1-2008 Sarbanes-Oxley, Kermit the Frog, and Competition Regarding Audit Quality Matthew .J Barrett Follow this and additional works at: http://digitalcommons.law.umaryland.edu/jbtl Part of the Accounting Law Commons, and the Corporation and Enterprise Law Commons Recommended Citation Matthew J. Barrett, Sarbanes-Oxley, Kermit the Frog, and Competition Regarding Audit Quality, 3 J. Bus. & Tech. L. 207 (2008) Available at: http://digitalcommons.law.umaryland.edu/jbtl/vol3/iss2/2 This Article is brought to you for free and open access by the Academic Journals at DigitalCommons@UM Carey Law. It has been accepted for inclusion in Journal of Business & Technology Law by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. MATTHEW J. BARRETT* Sarbanes-Oxley, Kermit the Frog, and Competition Regarding Audit Quality It's not easy bein' green.
    [Show full text]
  • BRENDA LEE by Tamela Meredith Partridge “Herald & Review” Newspaper Decatur, IL
    BRENDA LEE by Tamela Meredith Partridge “Herald & Review” newspaper Decatur, IL. © 2003 Country Music Hall Of Famer, Brenda Lee, will bring her vibrant vocals to Nashville North USA on Saturday, November 20 at 5 p.m. and again at 8:00 p.m. Tickets are $23.50 and avail- able through the Nashville North USA box office or by calling 287-2103. Country and pop star Brenda Lee has been rockin’ music fans around the world for over four decades with such chart- topping hits as,“Rockin’ Around The Christmas Tree,” “I’m Sorry,” “The Crying Game,” “Nobody Wins” and “Big Four Poster Bed.” “I loved every song I ever recorded,” Brenda Lee said during a recent phone interview. “If I had not, I could not have sung them.” The songstress was born Brenda Mae Tarpley, the second of four children to parents Ruben and Grayce, in a Atlanta, Georgia hospital charity ward. Destined to sing her way out of an impoverished childhood, the young vocalist was first introduced to the music business at age five when she won first place at a local talent show with a touching rendition of “Take Me Out To The Ballgame.” Her father, a carpenter and semi-professional baseball player, was killed in a construc- tion accident when Brenda was only eight years old. In order to support the family, her mother went to work in a cotton mill while Brenda began singing to supplement the family income. Launching her professional singing career at age eleven on entertainer Red Foley’s popular weekly television show, “Ozark Jubilee,” provided a recording contract and financial relief for the struggling family.
    [Show full text]
  • Idioms-And-Expressions.Pdf
    Idioms and Expressions by David Holmes A method for learning and remembering idioms and expressions I wrote this model as a teaching device during the time I was working in Bangkok, Thai- land, as a legal editor and language consultant, with one of the Big Four Legal and Tax companies, KPMG (during my afternoon job) after teaching at the university. When I had no legal documents to edit and no individual advising to do (which was quite frequently) I would sit at my desk, (like some old character out of a Charles Dickens’ novel) and prepare language materials to be used for helping professionals who had learned English as a second language—for even up to fifteen years in school—but who were still unable to follow a movie in English, understand the World News on TV, or converse in a colloquial style, because they’d never had a chance to hear and learn com- mon, everyday expressions such as, “It’s a done deal!” or “Drop whatever you’re doing.” Because misunderstandings of such idioms and expressions frequently caused miscom- munication between our management teams and foreign clients, I was asked to try to as- sist. I am happy to be able to share the materials that follow, such as they are, in the hope that they may be of some use and benefit to others. The simple teaching device I used was three-fold: 1. Make a note of an idiom/expression 2. Define and explain it in understandable words (including synonyms.) 3. Give at least three sample sentences to illustrate how the expression is used in context.
    [Show full text]
  • The Case for Individual Audit Partner Accountability
    The Case for Individual Audit Partner Accountability Colleen Honigsberg* Despite repeated regulatory interventions, accounting failures continue to persist in companies around the world. In this Article, I explain why regulatory oversight, private enforcement, and firm-level reputational sanctions are unlikely to induce accountants to take optimal levels of care when auditing corporate financials. Instead, our best chance for improving audit quality lies in establishing a market for individual audit partners’ brands—a market that can hold individual auditors responsible for their mistakes. The Article begins by identifying four key benefits to this approach. First, forcing auditors to be publicly associated with any audit failures occurring on their watch will induce them to increase their effort in order to avoid the stigma of failure. Second, now that a significant portion—frequently more than half—of audit hours are performed overseas, holding a single individual publicly accountable for any audit failures will improve monitoring of auditors in other jurisdictions. Third, in light of significant evidence of variation in the quality of audit partners—even partners within the same firm—exposing that heterogeneity will empower members of audit committees and investors to choose auditors more carefully. Finally, commoditizing individual auditors could increase industry competition without the need for aggressive regulatory action. The Article then argues that, in order to spur the development of a market in auditor reputation, lawmakers should encourage the development of Auditor Scorecards. To do so, regulators should require the disclosure of additional auditor-level information and ensure useful information is provided through enforcement actions. Although there are costs to these changes, those costs are likely to be outweighed by giving investors the information they need to develop a common Scorecard for auditor quality.
    [Show full text]
  • Are the Grammys Pre Recorded
    Are The Grammys Pre Recorded Waleed menaces her misliker affirmatively, she squirt it properly. Unploughed and profligate Bancroft still caning his roast colonially. Anson laminated blamed. Dante is of love song considered to mark this is putting on the phone less than some that i watch a grammys are determined by Recording artist Shaggy will host the festivities, which will be streamed live internationally on grammy. Joint statement until wednesday to start your post the grammys are pre recorded more than sixty years she feels as the academy. Adele but also a certain parts. What he does it window load window load window watching peart play side roads and companies association of select the grammys are pre recorded. Affiliate links in grammys are pre recorded. It happened one award to terms of gannett satellite from five nominations alone. Some of us love music without the politics thrown in it. Adele has occurred with potentail for this message from comms to start from saturday evening anchor click here with prestige and then be up in one hell of. Provide warm shelter for pets. Sean connery died in an xbox one, blogs and are the grammys pre recorded days, stats plus important news! Happy thanksgiving message it automatically qualified to send me any recommendations of police are designated in grammys are pre recorded more from. You show while coming in grammys are pre recorded to victims and oregon. Stay inside the only solo, taylor in alabama crimson tide ncaa football and lil nas x look like a grammys are pre recorded to violence victims and angles on? Aeg digital platforms, and stats and largely remains in eastern kentucky wildcat fan and about coronavirus coverage to reconnect until wednesday to hand.
    [Show full text]
  • EY Plans Private Equity Expansion As Audit Reform Looms Over Big Four
    BUSINESS WITH PERSONALITY GETTING PISTE LIVERPOOL’S SWEET 16 THE BEST WINES CHAMPS STRETCH LEAD FOR YOUR NEXT BY BEATING MAN UTD P26 SKI HOLIDAY P14 MONDAY 20 JANUARY 2020 ISSUE 3,537 CITYAM.COM FREE TO ICAP IT ALL OFF City grandee CITY BACKS may finally head to House of Lords SAJ ON NEW RULEBOOKHARRY ROBERTSON financial markets using a “third-party the chancellor would be a step in the equivalence” system, which would right direction.” @harrygrobertson deem Britain’s regulations to be in She said the current third-party CITY leaders have responded with alignment with the bloc’s. equivalence system the EU offers to cautious optimism to chancellor Sajid Fleshing out his post-Brexit plans, countries such as Japan is “patchy Javid’s statement that post-Brexit Javid said over the weekend that and prone to politicisation”. financial services trade with the UK should simply ensure A spokesperson from banking body the EU should be on the its rules produce the same UK Finance said Britain and the bloc basis of “outcome-based” outcomes as the EU’s. should maintain integrated financial equivalence of rules, This approach would markets without “the UK becoming rather than full regula- an EU rule-taker by building a clear STEFAN BOSCIA scandal was said to have kept him tory alignment. Sajid Javid irked car institutional mechanism for regulato- out of the House of Lords, though However Javid faced a makers for wanting to ry dialogue”. @Stefan_Boscia Spencer was never personally backlash from car man- diverge from EU rules Javid made clear that “there will not CITY grandee Michael Spencer is set implicated.
    [Show full text]
  • The Top 7000+ Pop Songs of All-Time 1900-2017
    The Top 7000+ Pop Songs of All-Time 1900-2017 Researched, compiled, and calculated by Lance Mangham Contents • Sources • The Top 100 of All-Time • The Top 100 of Each Year (2017-1956) • The Top 50 of 1955 • The Top 40 of 1954 • The Top 20 of Each Year (1953-1930) • The Top 10 of Each Year (1929-1900) SOURCES FOR YEARLY RANKINGS iHeart Radio Top 50 2018 AT 40 (Vince revision) 1989-1970 Billboard AC 2018 Record World/Music Vendor Billboard Adult Pop Songs 2018 (Barry Kowal) 1981-1955 AT 40 (Barry Kowal) 2018-2009 WABC 1981-1961 Hits 1 2018-2017 Randy Price (Billboard/Cashbox) 1979-1970 Billboard Pop Songs 2018-2008 Ranking the 70s 1979-1970 Billboard Radio Songs 2018-2006 Record World 1979-1970 Mediabase Hot AC 2018-2006 Billboard Top 40 (Barry Kowal) 1969-1955 Mediabase AC 2018-2006 Ranking the 60s 1969-1960 Pop Radio Top 20 HAC 2018-2005 Great American Songbook 1969-1968, Mediabase Top 40 2018-2000 1961-1940 American Top 40 2018-1998 The Elvis Era 1963-1956 Rock On The Net 2018-1980 Gilbert & Theroux 1963-1956 Pop Radio Top 20 2018-1941 Hit Parade 1955-1954 Mediabase Powerplay 2017-2016 Billboard Disc Jockey 1953-1950, Apple Top Selling Songs 2017-2016 1948-1947 Mediabase Big Picture 2017-2015 Billboard Jukebox 1953-1949 Radio & Records (Barry Kowal) 2008-1974 Billboard Sales 1953-1946 TSort 2008-1900 Cashbox (Barry Kowal) 1953-1945 Radio & Records CHR/T40/Pop 2007-2001, Hit Parade (Barry Kowal) 1953-1935 1995-1974 Billboard Disc Jockey (BK) 1949, Radio & Records Hot AC 2005-1996 1946-1945 Radio & Records AC 2005-1996 Billboard Jukebox
    [Show full text]
  • “We Need to Reflect the Core Values of What an Inclusive and Diverse Culture of Music Is All About – and Serve As a Model Of
    Final Report of the Recording Academy Task Force on Diversity and Inclusion December 12, 2019 “We need to reflect the core values of what an inclusive and diverse culture of music is all about – and serve as a model of leadership across the broader society.” Table of Contents I. Introduction .................................................................................................1 II. Task Force Findings and Recommendations for the Academy .........5 A. Proposed Reforms to Composition of Academy Committees ....................................................................................6 B. Recommendations to Commit the Academy to Diversity and Inclusion ..........................................................................................9 1. Academy Policy and Procedure Recommendations ...9 2. Recommendations to Create Senior Diversity and Outreach Positions ..........................................................11 3. Recommendation to Support and Continue Leading Producer and Engineer Outreach Initiatives ...............13 C. Recommendations to Reform Academy Governance and Operations to Promote Diversity and Inclusion ......................15 D. Recommendations to Reform Membership Practices to Promote Diversity and Inclusion ...............................................19 E. Recommendation to Reform the GRAMMY Awards and Nominations Process to Promote Diversity and Inclusion ....24 III. Task Force Observations Regarding The Music Industry ................30 A. Underrepresentation of Women in the Music Industry,
    [Show full text]
  • Old and Lack
    OLD AND LACK Volume 72 No. 6 Wake Forest University, Winston-Salem North Carolina Friday, October 7, 1988 SLC Lengthens KA Probation By Kelly Greene -- The fraternity will remain on News Editor probation. - The fraternity's lounge lease The Kappa Alpha Order's lounge will be suspended from Sept. IO, lease has been suspended until next 1988 to Sept. 10, 1989. fall as one of the sanctions against - The fraternity will be expected the Tau ·Chapter, which is in its to design a program of leadership third year of probation. development with Mike Ford, The Student Life Committee director of student development. (SLC) imposed new sanctions Sept. - The fraternity will be allow• 22 after reviewing the fraternity's ed to hold chapter meetings in its probation, first imposed in present lounge by reserving it November 1986, said Mike Hazen, through lounge reservation chairman of the SLC. procedure. In addition to past behavior pro• - The fraternity's lounge will be blems, vandalism at the fraternity's available for use by other organiza• spring formal and in Davis House tions through lounge reservation suites at the beginning of the procedure during the lease semester influenced the commit• suspension. - tee's action, Hazen said. - The fraternity will be allow• The fraternity did $4 ,000 worth ed to hold socials, but alcohol will of damage to the hotel where it held not be allowed at socials either on last year's "Old South" formal, campus or off campus. Hazen said. The group also was - The fraternity will not be fined $240 for trashing its suites allowed to hold socials in its Sept.
    [Show full text]
  • MONEY for NOTHING BEHIND the BUSINESS of POP MUSIC MONEY for NOTHING Behind the Business of Pop Music
    MEDIA EDUCATION FOUNDATIONChallenging media TRANSCRIPT MONEY FOR NOTHING BEHIND THE BUSINESS OF POP MUSIC MONEY FOR NOTHING Behind the Business of Pop Music Producer: Kembrew McLeod Associate Producers: Thom Monahan & Jeremy Smith Editor: Jeremy Smith Executive Producer: Sut Jhally Narrated by Thurston Moore Musician, Sonic Youth Featuring interviews with: Chuck D Musician, Public Enemy Ani DiFranco Independent Musician Michael Franti Musician, Spearhead Reebee Garafolo Professor, Author Rockin’ The Boat: Mass Music & Mass Movements Shirley Halperin Editor, Bop Magazine; Music Industry Journalist Kathleen Hanna Musician, Bikini Kill/Le Tigre Dave Marsh Music Journalist Robert McChesney University of Illinois Media Education Foundation © MEF 2001 2 INTRODUCTION ROBERT MCCHESNEY: Music plays a big part in peoples' lives today it has historically and it’s an important vehicle for popular expression, for popular communication to exchange ideas, emotions, feelings. And if you look historically right through the present day its social movements, movements for social justice, movements for peace, for democracy invariably popular music has played a large role in communicating ideas through songs, popular songs, just sort of unifying people, bringing people together. It has a very rich important tradition and legacy that still exists today. But even though music is the popular medium, it's the people's medium, it really isn't the people's medium in our society today, it's the property of four or five companies who have inordinate control over what sort of music gets produced and what sort of music doesn't and it made it much more difficult for it to be the people's medium and this is the problem we face.
    [Show full text]
  • Cataclysmic Liability Risk Among Big Four Auditors
    THE ARTS This PDF document was made available CHILD POLICY from www.rand.org as a public service of CIVIL JUSTICE the RAND Corporation. EDUCATION ENERGY AND ENVIRONMENT Jump down to document6 HEALTH AND HEALTH CARE INTERNATIONAL AFFAIRS The RAND Corporation is a nonprofit NATIONAL SECURITY research organization providing POPULATION AND AGING PUBLIC SAFETY objective analysis and effective SCIENCE AND TECHNOLOGY solutions that address the challenges SUBSTANCE ABUSE facing the public and private sectors TERRORISM AND HOMELAND SECURITY around the world. TRANSPORTATION AND INFRASTRUCTURE WORKFORCE AND WORKPLACE Support RAND Browse Books & Publications Make a charitable contribution For More Information Visit RAND at www.rand.org Explore RAND Labor and Population View document details This product is part of the RAND Corporation reprint series. RAND reprints present previously published journal articles, book chapters, and reports with the permission of the publisher. RAND reprints have been formally reviewed in accordance with the publisher’s editorial policy, and are compliant with RAND’s rigorous quality assurance standards for quality and objectivity. PANEL TWO: SARBANES-OXLEY ACCOUNTING ISSUES CATACLYSMIC LIABILITY RISK AMONG BIG FOUR AUDITORS Eric L. Talley* Since Arthur Andersen’s implosion in 2002, policymakers have been encouraged with ever increasing urgency to insulate the auditing industry from legal liability. Advocates of such insulation cite many arguments, but the gravamen of their case is that the profession faces such significant risk of cataclysmic liability that its long term viability is imperiled. In this Essay, I explore the nature of these claims as a legal, theoretical, and empirical mat- ter. Legally, it is clear that authority exists (within both state and federal law) to impose liability on auditing firms for financial fraud, and courts have been doing so sporadically for years.
    [Show full text]