Securities Class Action: Representative Cases
Important Development in The Standard of Care for Directors and Officers of Georgia Corporations - 05/07
Securities, Corporate & Fiduciary Litigation
May 7, 2007

Thomas S. Richey

In a recent decision, Flexible Products Co. v. Ervast, a three-judge panel of the Georgia Court of Appeals took a major step in resolving the uncertainty regarding the standard of care for officers and directors of Georgia corporations.



Eleventh Circuit Thwarts Attempt to turn Sarbanes-Oxley Certifications Into Strict Liability For Fraud - 11/03/06
Securities, Corporate & Fiduciary Litigation
November 3, 2006

John R. Bielema
Stacey Godfrey Evans

The Sarbanes-Oxley Act ("SOX") in 2002 imposed increased accounting and reporting requirements on public companies and their officers and directors. One specific requirement of SOX is that public company chief executive officers and chief financial officers must certify each periodic report filed with the Securities and Exchange Commission that contains financial statements.



Cooperation and Remediation - The Best and Only Medicines?
Securities, Corporate & Fiduciary Litigation
May 19, 2006

Stacey Godfrey Evans
W. Scott Sorrels

Providing more evidence that life for public companies is a hard lot in today's regulatory environment, the Securities and Exchange Commission's Enforcement Director, Linda Thomsen, recently commented to the effect that after a company discovers that it engaged in unlawful conduct, it has control over only two things - whether to cooperate and the scope of its remediation plan.



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