David Tate, CPA, Esq.: The Legal & Accounting Blog


Dave Tate Dave Tate is a CPA and attorney in San Francisco. Dave discusses director, officer, accountant, audit committee, risk management and insurance issues, liability and governance. Dave is a prolific author, and has written the audit committee chapter for the California Continuing Education of the Bar publication Advising and Defending Corporate Directors and Officers. Dave also handles employment, business, property, and trust, estate and elder care cases, and serves as a dispute mediator. Dave has been an audit committee chair, and is active with the California Society of CPAs.
GM says could be out of cash; raises a going concern issue?
11/09/08  - Read 888 times
By Dave Tate, CPA, Esq. By Dave Tate, CPA, Esq. -

I noticed the following headline this week:

GM reports $2.5B 3Q loss, says running out of cash (AP)
AP - General Motors Corp. said Friday it lost $2.5 billion in the third quarter and warned that it could run out of cash in 2009 if the U.S. economic slump continues and it doesn't get government aid.

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Needed: mandatory CPE in (1) technical expertise, and (2) responsible decision making.
10/07/08  - Read 886 times
By Dave Tate, CPA, Esq. By Dave Tate, CPA, Esq. -

Some readers are probably aware that as I have shifted some of my focus from discussions about hard technical accounting, auditing and legal issues, to situational and governance discussions analyzing the issue: "how could this have happened?", I have come upon the belief that a significant amount of misfeasance and malfeasance is caused not only by a lack of technical understanding and expertise, but also by the failure of the person to act “responsibly” during the decision making process.
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Governance Lessons Learned From SEC v. Con-way, Inc.
09/17/08  - Read 895 times
By Dave Tate, CPA, Esq.

Most often governance and conduct lessions can be learned from corporate accounting and SEC difficulties Con-way is an example, and also presents lost opportunities.
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Audit Committee, CEO, CFO, Internal Audit, Outside Auditor Hypothetical
06/09/08  - Read 2008 times
By Dave Tate, CPA, Esq. - The following is a hypothetical based at least in part on a real occurrence. How do you believe the various parties should handle the situation?
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UTStarcom, Inc., SEC action, any lessons learned?
05/11/08  - Read 1099 times

By Dave Tate, CPA, Esq. - UTStarcom, Inc., SEC action

The following are links to the complaint, offer of settlement, consent and litigation release in the recent SEC proceeding involving UTStarcom, Inc. A copy of the Cease and Desist Order is posted below, with select noted...
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