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Sarbanes-Oxley Compliance: Still a Work in Progress

By David G. Briscoe and Daniel J. DiLucchio

For the fourth consecutive year, the American Corporate Counsel's annual meeting was the site of a survey measuring Chief Legal Officer (CLO)'s top concerns in 2003. Topping the list this year:

  • Effect of new corporate governance rules on the law department's relationship with senior management.
  • Balancing the CLO's relationship with the company CEO and Board of Directors.
  • Managing the total cost of the legal function (head counts and outside counsel spending).
  • Protecting attorney client privilege under the Sarbanes-Oxley Act.
  • The typical participant in this year's survey was a CLO working in a publicly traded company with $100-$500 million in revenues, managing a law department with two to five lawyers, and an annual budget of $1 to $5 million.

Compliance with Sarbanes-Oxley

The effect of new corporate governance rules and standards is still being assessed. CLOs have taken compliance with Sarbanes-Oxley seriously and some already see it affecting relationships with senior management. Sarbanes-Oxley compliance is requiring in-house counsel to take on expanded roles, responsibilities and relationships and this expansion of responsibility is still a work in progress.

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