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	<title>Comments on: McKenna On Auditor Litigation: Securities Docket&#8217;s Mid-Year Update and Schein v. EY</title>
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	<link>http://retheauditors.com/2009/07/11/mckenna-on-auditor-litigation-securities-dockets-mid-year-update/</link>
	<description>The Business of the Big 4 Audit Firms</description>
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		<title>By: Anon 1970</title>
		<link>http://retheauditors.com/2009/07/11/mckenna-on-auditor-litigation-securities-dockets-mid-year-update/comment-page-1/#comment-28431</link>
		<dc:creator>Anon 1970</dc:creator>
		<pubDate>Mon, 21 Sep 2009 17:50:36 +0000</pubDate>
		<guid isPermaLink="false">http://retheauditors.com/?p=2338#comment-28431</guid>
		<description>Francine, interested in your thoughts on this as it relates to other litigation out there against auditors - the same argument used in this case was argued and won in Refco case also:

&quot;A US District Court judge has dismissed claims against Grant Thornton International and its US subsidiary that arose following the collapse of Italian dairy company Parmalat.&quot;</description>
		<content:encoded><![CDATA[<p>Francine, interested in your thoughts on this as it relates to other litigation out there against auditors &#8211; the same argument used in this case was argued and won in Refco case also:</p>
<p>&#8220;A US District Court judge has dismissed claims against Grant Thornton International and its US subsidiary that arose following the collapse of Italian dairy company Parmalat.&#8221;</p>
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		<title>By: Anonymous</title>
		<link>http://retheauditors.com/2009/07/11/mckenna-on-auditor-litigation-securities-dockets-mid-year-update/comment-page-1/#comment-8187</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Thu, 16 Jul 2009 21:54:37 +0000</pubDate>
		<guid isPermaLink="false">http://retheauditors.com/?p=2338#comment-8187</guid>
		<description>A couple comments:

1) regarding the &quot;f-word... aka Fraud&quot;.  There are three necessary and sufficient conditions to call something fraud:  a misrepresentation that someone relies upon, harm to that person as a result of relying upon that misrepresentation, and INTENT.  In order to call the B4 fraudsters you have to show they had intent to do the harm when they made the misrepresentation.  This is a legal requirement.  I am convinced that in some situations you can argue there was a misrepresentation and a harm... but can you argue intent (and win)?

2) Regarding being a plaintiff lawyer -- most are defense lawyers... why??? Well, the plaintiffs are trying to get something from someone - and that someone usually has the money.  So the defendants have the money to spend on their defense, and the plaintiff lawyers can&#039;t get much from their client... thus they go to contingency basis.</description>
		<content:encoded><![CDATA[<p>A couple comments:</p>
<p>1) regarding the &#8220;f-word&#8230; aka Fraud&#8221;.  There are three necessary and sufficient conditions to call something fraud:  a misrepresentation that someone relies upon, harm to that person as a result of relying upon that misrepresentation, and INTENT.  In order to call the B4 fraudsters you have to show they had intent to do the harm when they made the misrepresentation.  This is a legal requirement.  I am convinced that in some situations you can argue there was a misrepresentation and a harm&#8230; but can you argue intent (and win)?</p>
<p>2) Regarding being a plaintiff lawyer &#8212; most are defense lawyers&#8230; why??? Well, the plaintiffs are trying to get something from someone &#8211; and that someone usually has the money.  So the defendants have the money to spend on their defense, and the plaintiff lawyers can&#8217;t get much from their client&#8230; thus they go to contingency basis.</p>
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		<title>By: The troubles of the gypsies of the business world - A Counting School - Hardcore Chartered Accountancy</title>
		<link>http://retheauditors.com/2009/07/11/mckenna-on-auditor-litigation-securities-dockets-mid-year-update/comment-page-1/#comment-7607</link>
		<dc:creator>The troubles of the gypsies of the business world - A Counting School - Hardcore Chartered Accountancy</dc:creator>
		<pubDate>Tue, 14 Jul 2009 05:41:13 +0000</pubDate>
		<guid isPermaLink="false">http://retheauditors.com/?p=2338#comment-7607</guid>
		<description>[...] retired from Big Four life, plus I can legitimately claim to be a little bit too busy to play &quot;auditor of the auditors&quot;, so I stick to writing about what I know, and what seems to interest my readers - judging [...]</description>
		<content:encoded><![CDATA[<p>[...] retired from Big Four life, plus I can legitimately claim to be a little bit too busy to play &quot;auditor of the auditors&quot;, so I stick to writing about what I know, and what seems to interest my readers &#8211; judging [...]</p>
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		<title>By: fm</title>
		<link>http://retheauditors.com/2009/07/11/mckenna-on-auditor-litigation-securities-dockets-mid-year-update/comment-page-1/#comment-7600</link>
		<dc:creator>fm</dc:creator>
		<pubDate>Tue, 14 Jul 2009 02:42:13 +0000</pubDate>
		<guid isPermaLink="false">http://retheauditors.com/?p=2338#comment-7600</guid>
		<description>@#2 
I have not been following this case close enough even though I do have access to the trial video live.  Hope to catch up and have some impressions later this week.
Francine</description>
		<content:encoded><![CDATA[<p>@#2<br />
I have not been following this case close enough even though I do have access to the trial video live.  Hope to catch up and have some impressions later this week.<br />
Francine</p>
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		<title>By: anonymous</title>
		<link>http://retheauditors.com/2009/07/11/mckenna-on-auditor-litigation-securities-dockets-mid-year-update/comment-page-1/#comment-7596</link>
		<dc:creator>anonymous</dc:creator>
		<pubDate>Tue, 14 Jul 2009 01:46:17 +0000</pubDate>
		<guid isPermaLink="false">http://retheauditors.com/?p=2338#comment-7596</guid>
		<description>Francine, Have you been closely following the Schein v E&amp;Y case?  Any impressions to share?</description>
		<content:encoded><![CDATA[<p>Francine, Have you been closely following the Schein v E&amp;Y case?  Any impressions to share?</p>
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		<title>By: re: The Auditors &#187; Blog Archive &#187; The &#8220;Last Out&#8221; May Come From Left Field&#8230;</title>
		<link>http://retheauditors.com/2009/07/11/mckenna-on-auditor-litigation-securities-dockets-mid-year-update/comment-page-1/#comment-7575</link>
		<dc:creator>re: The Auditors &#187; Blog Archive &#187; The &#8220;Last Out&#8221; May Come From Left Field&#8230;</dc:creator>
		<pubDate>Mon, 13 Jul 2009 20:02:24 +0000</pubDate>
		<guid isPermaLink="false">http://retheauditors.com/?p=2338#comment-7575</guid>
		<description>[...] on lawyers and litigation. Jim Peterson wrote a follow-up post yesterday with his thoughts on the Mid Year Review of Securities Litigation and SEC Enforcement webcast and our phone conversation over the [...]</description>
		<content:encoded><![CDATA[<p>[...] on lawyers and litigation. Jim Peterson wrote a follow-up post yesterday with his thoughts on the Mid Year Review of Securities Litigation and SEC Enforcement webcast and our phone conversation over the [...]</p>
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