Articles and Position Papers

Kahn & Associates has extensive experience in securities fraud litigation. The firm has represented plaintiffs in the biggest financial scandals in the history of the public markets. Its lawyers have written extensively about the causes and pervasiveness of these problems as well as their solutions in the articles and position papers below.

Let’s Get Real-Why the Sarbanes Oxley Act Is a Sham (PDF Format)*

This article:

  • Explains why the Sarbanes Oxley Act is a politically motivated effort to pacify the voters without addressing fundamental causes;
  • Explains how the absence of real checks and balances in our capital markets damages our economy by misallocating our resources;
  • Explains how our democracy is damaged by the unfettered control of corporate insiders who are unelected and unaccountable;
  • Explains why our current checks and balances – most notably outside auditors and boards of directors do not provide real protection;
  • Provides an overview of the forces that lead to the publication of false and misleading financial reports;
  • Proposes fundamental solutions including restructuring our checks and balances and dealing with the conflicts of interest which lead to the distortion of financial information given investors.

Who’s The Boss?: Controlling Auditor Incentives Through Random Selection (PDF Format)*

This article:

  • Suggests a method for creating truly independent auditors;
  • Discusses the costs of not doing so;
  • Explains why the Sarbanes Oxley scheme for auditor independence will not work;
  • Discusses other recently suggested solutions.

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