Sarbanes-Oxley Survives Court Challenge … So Far  
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Sarbanes-Oxley Survives Court Challenge … So Far

www.itbusinessedge.com

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit sided with Sarbanes-Oxley last week when it decided the issues raised in a suit filed against the Public Company Accounting Oversight Board (PCAOB) did not merit a trial.

The plaintiffs alleged that, inasmuch as Sarbanes-Oxley created the PCAOB so that its members are appointed by the Securities and Exchange Commission, the law violates the Appointments Clause of the U.S. Constitution. The Appointments Clause requires executive officers to be appointed by the President, subject to the advice and consent of the Senate.

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