January 27, 2006

Larry Ribstein has a must-read post on "the yawning gap between what the promoters of SOX and corporate crime prosecutions are saying about the results of their efforts, and the reality," another reviewing the evidence of the adverse impact SOX is going to have on the New York City economy as it loses business to more efficiently-regulated capital markets, and a third exploring the "time bomb" SOX creates for businesses as plaintiffs' lawyers learn to be creative and concoct new theories of civil liability over trivial and immaterial actions that could be argued to violate of the law. And, finally, Ribstein rebuts Arthur Levitt's WSJ editorial defending SOX for small businesses: if SOX is so critical to small-business need to attract capital, why not allow businesses to choose whether to opt out?

Save the date: Ribstein, along with Henry Butler, will be presenting a paper on Sarbanes-Oxley at AEI for the AEI Liability Project the morning of March 13. More details as they become available.