Business Law & Policy Center

The Center on Business Law & Policy and The New York Law School Law Review are proud to present:

"Corporate Governance Five Years After Sarbanes-Oxley: Is There Real Change?"

Friday, April 13th
9:30 am to 5:30 pm

(5 CLE Credits - Professional Practice)

To register for this symposium, please click here.

In their implications for corporate and securities law, the five years since the enactment of the Sarbanes-Oxley Act have been extraordinarily tumultuous. After the financial accounting and corporate looting scandals that stimulated the Act's passage, there have been major scandals involving mutual funds, securities analysts, floor specialists and the backdating of executive stock options. In terms of market developments, we are experiencing the mixed blessing of the greater globalization in the securities markets, and on the domestic front, a surge in going private transactions fueled by private equity firms. The Act has inspired profound changes in the auditing profession in the U.S., the system of corporate governance and the structure of criminal penalties backing up the promise of market and corporate integrity. In addition, the equilibrium between federal and state law is changing in important respects, and these changes are affecting the character of corporate and securities litigation. At the policy level, pressure is presently being brought to bear on Congress to loosen corporate regulation and decrease the scope for shareholder litigation, as well as the authority of State Attorneys General to affect these areas. These market and legal developments are the subject of our conference: "Corporate Governance Five Years After Sarbanes-Oxley: Is There Real Change?," sponsored by the Center on Business Law & Policy and the New York Law School Law Review.

9:30 am  
Opening Remarks
Dean Richard Matasar and Professor Faith S. Kahn

9:45 am to 11:15 am
Changing Perspectives on Corporate Governance I

Panelists:
William T. Allen - Nusbaum Professor of Law and Business, Director of the Pollack Center for Law and Business, New York University Law School

James A. Fanto - Associate Director of the Center for the Study of International Business Law, Professor of Law, Brooklyn Law School

Gregory Mark - Associate Dean for Institutional Affairs, Professor of Law and Justice Nathan L. Jacobs Scholar, Rutgers University School of Law

Lawrence E. Mitchell - Theodore Rinehart Professor of Business Law, George Washington University Law School

Moderator: Faith S. Kahn - Director of the Center on Business Law & Policy, Professor of Law, New York Law School

11:30 am to 12:40 pm 
Changing Perspectives on Corporate Governance II

Panelists:

Lynne L. Dallas - Professor of Law, University of San Diego Law School

Brett McDonnell - Professor of Law, University of Minnesota Law School

Susan J. Stabile - Dean George W. Matheson Professor of Law, St. John's University School of Law

Moderator: Peter C. Kostant - Visiting Professor of Law, New York Law School

12:45 pm to 2:15 pm
Lunch will be served.

Keynote Speaker:
The Honorable Myron T. Steele, Chief Justice of the Delaware Supreme Court

"Corporate Governance Five Years After Sarbanes-Oxley: The Delaware Perspective"

2:30 pm to 3:45 pm
Changing Perspectives on Accounting, Auditing and Disclosure

Panelists:

John J. Carney - JD, CPA, Partner, Baker Hostetler; Chief Securities and Health Care Fraud Unit, U.S. Attorney's Office DNJ, 2002-2005; Assistant U.S. Attorney 1995-2005; Senior Counsel, U.S. Securities and Exchange Commission 1990-2005.

Lawrence A. Cunningham - Associate Dean for Academic Affairs, Professor of Law and Business, Libby Scholar, Boston College Law School

Rebecca Roiphe - Visiting Assistant Professor, Fordham Law School and incoming Associate Professor of Law, New York Law School

Moderator: Jeffrey J. Haas - Professor of Law, New York Law School

4:00 pm to 5:30 pm
Changing Perspectives on Liability

Panelists:

John Carroll - Partner, Clifford Chance; U.S. Attorney's Office for the Southern District of New York, Assistant U.S. Attorney 1983-1992; Chief, Securities and Commodities Fraud Task Force 1991-1992

David N. Kelley - Partner, Cahill Gordon & Reindel LLP; U.S. Attorney for the Southern District of New York, 2003-2005

Barry W. Rashkover - Partner, Sidley Austin LLP, formerly Co-Head of the Enforcement Division of the Securities and Exchange Commission and Associate Regional Director of the SEC's Northeast Region

Alexander M. Vasilescu - Regional Trial Counsel and Chief of the Trial Unit, Northeast Regional Office of U.S. Securities and Exchange Commission

Moderator: Howard S. Meyers - Visiting Clinical Professor, Associate Director of the Center on Business Law & Policy, New York Law School



Center Director: Professor Faith Stevelman

Associate Director: Professor Howard Meyers