Going Concern

Quote of the Day: If I could save just one lamb….

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I recently graduated from a state school in the California State University system as a Philosophy major. My original plan was to go to law school, but I am now thinking I may want to go into accounting instead (due to the terrible job market for lawyers and the 150k debt I’d be faced with).

Particularly, I would like to work at a Big 4 firm. Is this change possible?

— from a question sent into the advice column of Going Concern (the accounting world’s answer to Above the Law). Note the questioner’s less-than-stellar undergraduate GPA.

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Porsche v. Crocs?

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crocs.jpgWe are not fans of Crocs here at Above the Law. We stand by this position, even though First Lady Michelle Obama — aka She Who Can Do No Wrong — has been spotted in them.
Apparently we are not alone in our opposition to Crocs. It seems that the people at Porsche — yes, the luxury sports car maker — have sued the footwear folks. In Germany.
Seriously? Yup. The lawsuit was mentioned in the Crocs (CROX) third quarter 10-Q, which is how it came to the attention of our sister site, Going Concern (via Footnoted).
So what is Porsche suing Crocs over? Find out at the links below.
Deadline Watch: Porsche Suing Crocs For ‘Cayman’ Use [Going Concern]
Porsche vs. Crocs… [Footnoted.org]
Earlier: Crocs: Ugly and Dangerous

Accountants Help Keep Lawyers in Business

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Thumbnail image for DTa.jpgIf at first you don’t succeed, try, try again. From our sister site, Going Concern:

[A] judge in Seattle has allowed a revised lawsuit to proceed that lists “Washington Mutual officers and directors, underwriters, and the auditing firm Deloitte & Touche” as defendants.

The revised lawsuit was trimmed down to a “concise” 267 pages from the original 388 that the judge described as “verbose” and “disorganized”.

“Verbose” and “disorganized” would also describe many lawyers we know. On the defense side, though, it’s an all-star cast. From Am Law Litigation Daily:

The lineup for the defendants includes Simpson Thacher & Bartlett attorneys Barry Ostrager and Rob Pfister for former WaMu officers; Ronald Berenstain of Perkins Coie for former WaMu outside directors; Barry Kaplan of Wilson Sonsini Goodrich & Rosati for former WaMu CEO Kerry Killinger; Peter Wald of Latham & Watkins for Deloitte; and Jonathan Dickey of Gibson Dunn & Crutcher for the underwriters.

Read more about this lawsuit, and comment, over at Going Concern.
Lawsuit Against Deloitte Gets New Life [Going Concern]

Will the Supreme Court Knock SOX’s Socks Off?

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Sarbanes Oxley for Dummies Sarbox SOX book.jpgIs the Public Company Accounting Oversight Board unconstitutional? This admittedly boring-sounding entity has the important task of overseeing accounting firms, who in turn keep an eye on the balance sheets of corporate America, through such mechanisms as Sarbanes-Oxley (SOX) compliance.
The constitutionality of SOX and the PCAOB is at issue in Free Enterprise Fund v. Public Company Accounting Oversight Board, one of the most important cases of the new Supreme Court term. As previously noted, the D.C. Circuit upheld the board’s constitutionality against a separation-of-powers challenge — but over a strong dissent by Article III rock star Brett Kavanaugh, which may have grabbed the justices’ attention.
Read more — and comment (anyone care to predict the result?) — over at Going Concern.
Is the PCAOB Going the Way of the Dodo? [Going Concern]
Earlier: The Sarbanes-Oxley Accounting Board: Not Long For This World?

Taxing Stupid People

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Weekend Warrior.JPGIf the power to tax is the power to destroy, then shouldn’t we at least try taxing stupidity? They’re thinking about doing it in France. From Going Concern:

Our frog eating friends have decided that they will start taxing people for their stupidity:
“The French Foreign Ministry is proposing a very narrow law requiring citizens foolish enough to wander into international danger zones, regardless of public warnings, to pay at least part of the cost of their own rescue.”

If you wander up a silly mountain and get stuck, it is civilized to have somebody go and try to find you even it was your own damn fault. But that doesn’t mean society should have to foot the entire bill for your weekend warrior shenanigans. Right?
Click on the link below to read — and comment on — the full post.
The Solution to All Our Fiscal Problems [Going Concern]

Nationwide Layoff Watch: Even Tax Lawyers Get the Ax

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pink slip layoff notice small Above the Law blog.jpgNothing is certain but death and taxes — and employment for tax lawyers, right?
Not necessarily. Read more at our sister site, Going Concern.
True Partners Consulting Layoffs Get Our Attention [Going Concern]

And Then They Came for the Accountants

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Deloitte Settles American Homes Lawsuit [Going Concern]

Another Conviction in the Madoff Mess

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Bernie Madoff Bernard Madoff.jpgFrank DiPascali, the former CFO — chief fraudulent officer? — for Ponzi schemer extraordinaire Bernard Madoff, pleaded guilty today to a variety of charges, including securities fraud, falsifying records, and international money laundering.
Read more and comment over at Going Concern.
Guilty Madoff CFO Update [Going Concern]

Bad News for Lawyers….

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Specter Switches parties.jpgAnd accountants, and investment bankers. Senator Arlen Specter (D-PA) has introduced legislation that, if passed, would make it easier for investors to sue law firms, accountants and investment banks involved in perpetrating fraud. The law would effectively overrule Supreme Court precedent placing limits upon suits against parties with indirect involvement in fraud.
Read more — and comment — over at Going Concern (link below).
Arlen Specter Not Pandering to the Bean Counter Vote [Going Concern]

Law Day Over at Going Concern?

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Going Concern GC tabloid for accountants CFOs finance executives.jpgThe newest member of the Breaking Media family, the accounting-focused Going Concern, seems to be venturing onto ATL turf today.
Multiple stories on the Going Concern front page are law-related. These are just excerpts or summaries; click on the links to read more (and comment).
1. UK Court Decides it Will Leave the Major Lawsuits to the Americans
“Big 4 firms dodge a bullet in the UK as the highest court dismissed a negligence lawsuit against an accounting firm that failed to detect a fraud that brought down a trading company.”
2. UBS and IRS Probably Have a Deal, No Toblerones Involved
“UBS is going to name names, albeit not all of them, bringing us to ever so close to the bitter end of the whole IRS/UBS standoff.”
3. Ex-BDO Partner Won’t Be on His Boat after Plea Deal
“[Former partners of accounting firm BDO Seidman] that were involved with the firm’s tax shelters are continuing to drop like flies. This time, Mark Bloom, a hedge fund manager and former BDO partner that worked in Tax Solutions group, pleaded guilty to several charges.”
4. California Overtime Lawsuits Update
Ah, California lawyers…. If only you were accountants, you might be entitled to some back pay for overtime. The issue will be decided by the worker-friendly Ninth Circuit at some point in the future.

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