Because we’re big fans of shameless promotion, we’re starting our coverage of the quest of the Radio Station’s walking billboard, Phil Mickelson, to win the PGA Championship. He’s teeing off circa now, so drop what you’re doing and get to at TV Radio Station duffer geeks.
Phil won the tournament back in 2005 but gets lots of attention for being a bridesmaid at the U.S. Open five times. Most notably for our purposes, he has not won any majors since he signed with the Radio Station back in early 2008.
No word on where Phil is falling on the 9 box rating system or if his visions of sugar plums have been dashed but if someone could put us in touch with his performance counselor or get us a copy of his contract with KPMG, that would be great.
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Satyam: Does Anyone Mind if We Take Another Three Months to Finish Our Restatements?
With just a couple weeks until the June 30 deadline for the company to issue its restated financial statements, Satyam is requesting just a little more time to get this mulligan nailed down. Three months to be precise.
Yes, they’re completely aware that it’s been nearly 18 months since the shit hit the fan. And yes, this is the third time they’ve asked India’s Company Law Board (“CLB”) for an extension on the filing but at this point they figure expectations are so low, no one will get too worked up over it.
Except for an “analyst with a leading brokerage house.” who is quoted in the Business Times, “There is no clarity on what is happening within the company. They should have at least provided the current sales figure or the bench strength. How is the shareholder supposed to rate their stock?”
Since more than a few people might be caught up in “sales figures” and whatnot, Satyam went to the trouble to let everyone know that they’re working hard, ordering in, etc. etc. so you can rest your pretty little heads:
A Satyam official said, “The records have been under the custody of investigating agencies and we recently got a court clearance. Also, our auditors (KMPG and Deloitte) told us they need some more time for the restatement. It’s only a matter of a quarter.”
See? It’s just a matter of a quarter. Plus, you can’t really blame them – KPMG and Deloitte are the ones saying they need more time. Satyam has likely been bugging them for months about wrapping up but KPMG and Deloitte are probably complaining, saying things like, “we can’t find any documentation to supports these numbers” and “this doesn’t add up.”
So, TFB if some whiny analysts don’t like it. We’ll just find out just how big of nightmare these financial statements will be in due course.
Plaintiffs File Brief in Big 4 Overtime Lawsuit
Last summer we initiated our coverage on the wage and hour lawsuits against the Big 4 and other firms that have been filed in California. As you may remember, the case that is currently before the 9th Circuit Court of Appeals, Campbell v. PricewaterhouseCoopers, is the key case as it may decide how the rest of the cases proceed.
Just a quick refresheramicus (i.e. friend of court) briefs following in early November.
The plaintiffs’ amicus briefs are scheduled to be filed tomorrow and while Mr. Kershaw would not share any names with us, he did inform us that there were some notable supporters that will be filing briefs. Parties claiming support via web (though it is not clear whether they are expected to file as amicus) include among others, labor union UNITE HERE.
The briefs are under seal at the request of the defendants who are claiming proprietary privilege.
In the past, the 9th Circuit has been accused of having a liberal bias which could be perceived as an advantage to the plaintiffs. While Mr. Kershaw agreed that the 9th Circuit was more “worker friendly” in the past, he told us, “After eight years under the Bush administration, the court has considerably more conservative justices.”
According to the 9th Circuit’s website, former President George W. Bush appointed seven justices while in office. Of the 47 justices currently serving, 21 were appointed by Republican Presidents and 26 by Democratic Presidents.
Despite the political makeup, Mr. Kershaw believes, as he did when we last spoke with him on the matter, that the evolution of the law of the exemptions (i.e. who, among other things, is and is not eligible for overtime) will demonstrate that the plaintiffs were not “learned professionals,” and will prevail in case.
Lead counsel for PricewaterhouseCoopers, Norman Hile of Orrick, Herrington & Sutcliffe LLP did not respond to our request for an interview.
We reached out to all the firms; receiving responses from only BDO, who provide the following statement: “We believe that the employee in this case was properly classified as exempt. This case has been stayed pending resolution of the PwC appeal. As is our policy on matters of litigation, BDO does not intend to comment further until this case is resolved.” We were also informed that in the BDO case that the class certification was denied by the trial court and the appeal was also denied.
In the case of Hood & Strong, LLP, we were referred to their attorney, Jonathan R. Bass of Coblentz, Patch, Duffy & Bass, who we spoke with briefly about his case, Kathleen McFarland v. Hood & Strong LLP.
Mr. Bass indicated to us that the lawsuit against his client is only one of four that is being tried in state court and would not necessarily be affected by the ruling in Campbell. He further indicated that these lawsuits are something that his client, and most likely all the defendants, did not anticipate, “it is not likely that any of these firms considered the possibility of their employees being treated as anything other than exempt.”
No other firms listed as defendants responded to our request to comment.
Ultimately a decision in Campbell may not be known until 2011 at which point the litigation could actually proceed or be settled. We’ll continue to follow these cases as they progress.