Articles

SOX could fuel insurance problems, civil actions

June 13, 2005

Malpractice insurers assess new regulations

Ronald Mallen, a partner in Hinshaw & Culbertson LLP's San Francisco office is quoted in this June 13, 2005, National Law Journal article concerning the new exposure risks wrought by the Sarbanes-Oxley Act.

Lawyers who make professional liability, risk management and insurance coverage a specialty say it's only a matter of time before litigation hits.

The lawyers foresee a new kind of civil action stemming from the 2002 statute, which will have a palpable effect on premiums for lawyers who advise corporations.

"Sarbanes imposes a whole series of new requirements that extend from duties that have gotten a lot of attention, like blowing the whistle, to providing an accurate legal analysis to a client's auditors," said Ronald Mallen, who is co-author of a legal malpractice treatise. "That exposure will ultimately translate into civil litigation in which clients and nonclients can use expert testimony to establish a standard of care."

See the National Law Journal for the full article.

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