To: scion who wrote (19973 ) 3/10/2012 11:44:48 AM From: scion Read Replies (1) | Respond to of 53574 Michael MacPhail Joins Faegre Baker Daniels in Denver February 14, 2012, 10:49 pm Michael MacPhail has joined law firm Faegre Baker Daniels as a partner in its litigation and advocacy group in Denver. MacPhail focuses his practice on defending clients during securities and financial litigation and investigations before securities industry regulators. Prior to entering private practice, MacPhail served with the SEC for 13 years, most recently as deputy assistant director in the agency’s Denver Regional Office. MacPhail joins Faegre Baker Daniels from Holme Roberts & Owen LLP. securitiesdocket.com April 20 Webcast: PCAOB Enforcement–The Nuclear Option for Small & Mid-Sized Firms April 6, 2010, 10:29 am Nine years after its creation through Sarbanes-Oxley Act, the Public Company Accounting Oversight Board (PCAOB) has ramped up its inspection and enforcement programs. Operating with nearly unlimited resources and minimal oversight by the SEC, the PCAOB enforces complex accounting and auditing standards that small to mid-sized firms often cannot satisfy. The failure of firms to respond to deficiencies identified during an inspection in an appropriate manner can result in burdensome and costly investigations and litigation by the Enforcement staff. With the aid of experienced defense counsel and robust insurance coverage, firms can survive the “nuclear option” presented by such disputes. Please join Michael MacPhail of Holme Roberts & Owen, LLP and Brent Baker of Parsons, Behle & Latimer as they address these issues and your questions in a free webcast. To attend this webcast scheduled for Tuesday, April 20, at 2 pm Eastern, please sign up below. Presentation Michael MacPhail, Partner, Holme Roberts & Owen LLP Brent Baker, Shareholder, Parsons Behle & Latimer securitiesdocket.com Extracts Enforcement Investigations (Cont.) • "Wells" Process - Importance - Poorly Defined by Rules • High Defense Costs = Nuclear Option! - Voluminous Document Production and E-Discovery Obligations - Testimony Preparation and Defense - Complex Factual Issues and Professional Standards • Need Competent Counsel and Insurance Coverage [...] Moore & Associates Administrative Proceeding is a good Study Moore had not been auditing public companies 10 years prior to registration with the PCAOB. Over the next three years, M&A accepted nearly 300 public audit engagements, with Moore serving as the auditor with final responsibility on each of them. M&A audit staff was comprised of inexperienced staff members overseen by one professional. M&A violated PCAOB quality control standards. In certain audits examined during inspection, M&A (1) failed to perform audit work for critical aspects of the audits, (2) violated Rule 10b-5 by issuing audit reports that represented that the audits had been conducted in accordance with PCAOB standards, (when they knew, or were reckless in not knowing, that such representations were false). Moore and M&A failed to cooperate with the PCAOB's investigation in three ways: (1) they created false work papers that did not accurately reflect the work performed on the relevant audits; (2) Moore falsely testified that these work papers were true and accurate audit work; and 3) M&A failed to produce documents required by an Accounting Board Demand. [...]