Narrowing PCAOB Privilege

Law360 (November 17, 2010, 4:14 PM EST) -- On June 29, 2010, a Northern District of Illinois judge narrowly interpreted Sarbanes-Oxley §105(b)(5)(A) (hereinafter Section 105(b)(5)(a)), the congressionally prescribed evidentiary privilege that protects from discovery certain information generated by Public Company Accounting Oversight Board investigations and inspections.

Specifically, the judge found that the privilege covered only documents and information prepared specifically for the PCAOB.

In Silverman v. Motorola Inc.,[1] a securities fraud class action pending in the Northern District of Illinois, Judge Amy St. Eve issued a decision of first impression regarding the scope of the PCAOB evidentiary privilege created pursuant to 15 U.S.C. §7215 (b)(5)(A) of the Sarbanes-Oxley Act...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!