Book contents
- The Cambridge Handbook of Investor Protection
- The Cambridge Handbook of Investor Protection
- Copyright page
- Dedication
- Contents
- Contributors
- Acknowledgments
- Introduction: Continuity and Change in Investor Protection
- Part I Institutionalization and Investor Protection
- Part II The Scope of Investor Protection Regulation
- Part III The Regulation of Market Professionals
- Part IV Alternative Regulatory Regimes
- 15 Do Lawyers Make Good Gatekeepers?
- 16 Retail Investors and Delaware Corporate Law
- 17 Investor Protections in Muslim Jurisdictions
- 18 Insider Trading Law in the United States and Australia
- 19 Markets versus Regulation: Investor Protection in the United States Compared to Israel
- Index
15 - Do Lawyers Make Good Gatekeepers?
from Part IV - Alternative Regulatory Regimes
Published online by Cambridge University Press: 20 October 2022
- The Cambridge Handbook of Investor Protection
- The Cambridge Handbook of Investor Protection
- Copyright page
- Dedication
- Contents
- Contributors
- Acknowledgments
- Introduction: Continuity and Change in Investor Protection
- Part I Institutionalization and Investor Protection
- Part II The Scope of Investor Protection Regulation
- Part III The Regulation of Market Professionals
- Part IV Alternative Regulatory Regimes
- 15 Do Lawyers Make Good Gatekeepers?
- 16 Retail Investors and Delaware Corporate Law
- 17 Investor Protections in Muslim Jurisdictions
- 18 Insider Trading Law in the United States and Australia
- 19 Markets versus Regulation: Investor Protection in the United States Compared to Israel
- Index
Summary
As we approach the twentieth anniversary of the Sarbanes–Oxley Act of 2002 (Sarbanes–Oxley), which sought to prevent future frauds such as Enron and WorldCom, it makes sense to revisit one of the statute’s most controversial provisions. Section 307 of Sarbanes–Oxley gave the US Securities and Exchange Commission (SEC) sweeping authority to establish “minimum standards of professional conduct” that would enable it to discipline lawyers “appearing and practicing before the [SEC] in any way in the representation of [public] issuers.”1 Specifically, section 307 ordered the SEC to implement regulations requiring lawyers who encounter “evidence of material violation” of law to report such evidence up the corporate ladder to the full board or an appropriate committee thereof, if necessary, to ensure that “appropriate remedial measures or sanctions” are taken.2
- Type
- Chapter
- Information
- The Cambridge Handbook of Investor Protection , pp. 283 - 301Publisher: Cambridge University PressPrint publication year: 2022