September 2009
Federal Courts Adopt Narrow Constructions of Sarbanes-Oxley LegislationRecent Decisions May Be a Harbinger of Federal Courts’ Approach in Future Legislation
By Robert S. Reder and Matthew A. Thiel
Complex and systemic, the current financial crisis is nearly certain to yield extensive legislation regulating everything from the financial markets to mortgage brokers to ratings agencies. Any such legislation may raise interpretive issues similar to those that have arisen in recent Federal Court decisions interpreting section 304 and section 1514A(a)(1) of the sweeping Sarbanes-Oxley Act of 2002 ("SOX").
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