Going Concern

Big 4

Plaintiffs File Brief in Big 4 Overtime Lawsuit

Caleb Newquist
February 5, 2010

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.

Firm Watch

Video

Grant Thornton Gets Emotional in Its Ad Campaign

GoingConcern

February 4, 2010

This morning we took a look the deadly advertising at BDO and while they came up with a good tagline, they were unable to capitalize on the opportunity to personalize their service with actual clients.

In contrast to the utilitarian feeling of the BDO advertising, Grant Thornton is all about emotions. The most important statement that a professional service agency can make is that it is passionate for the client’s business, and Grant Thornton’s attitude is authentic. The firm is well defined by the tag line, “People who love what they do” and by the whimsical rose mnemonic.

The three spots in the campaign are not balanced. This one about customer service misses the mark. It is long and tedious and continues to run needlessly after the point is made.

This commercial extolling the global capabilities of Grant Thornton is better. It is well written and although it is not particularly visually arresting, it makes the point about the firm capabilities crisply.

The commercial about responsiveness is the best. It stands out because it uses humor and the analogy of the unreliable, hapless goalie is relevant and easily understood. All in all, Grant Thornton tackled the challenge of advertising a professional service firm well.

With Valentine’s Day around the corner will GT take the next logical step and extend their passion campaign in to special topical ad?

Avi Dan is President & CEO of Avidan Strategies, a New York based consultancy specialized in advising professional service companies on marketing and business development. Mr. Dan was previously a board member with two leading advertising agencies and managed another.

Career Center

Job of the Day: Investment Management Firm Needs a Senior Financial Reporting Accountant

GoingConcern

February 4, 2010

A SEC registered investment management firm that manages approximately $9.6 billion in total assets with a staff of 65 employees needs a Senior Financial Reporting Accountant with SEC and internal reporting experience in Rosemont, IL.

Qualified candidates include a CPA or CPA candidates with three years experience, preferably in public accounting.

Get more details for this position after the jump.

Title: Senior Financial Reporting Accountant (SEC & Internal Reporting)

Location: Rosemont, IL

Minimum Experience: 3 years

Responsibilities: Coordination of quarterly SEC financial report preparation (10-K, 10-Q), including the drafting of initial updates to financial statements, footnotes and management discussion and analysis; Processing management, legal and auditors changes and maintaining blackline versions and distributions to reviewers as well as the coordination of the EDGARization process with outside vendor; Assisting with preparation of monthly internal financial reporting package, including the preparation of comparative analysis as well as the preparation and tie-out of information used to prepare supporting schedules.

Qualifications: CPA or CPA Candidate with at least 3 years of experience with SEC reporting; Public accounting experience preferred; Knowledge of financial statements and generally accepted accounting principles to prepare, reconcile, and analyze financial statements (e.g., earnings statements, balance sheets, statements of cash flows, supporting footnotes, etc.); Knowledge of applicable regulatory rules (e.g., Security and Exchange Commission, Financial Accounting Standards Board, etc.) for external reporting.

See the entire description over at the GC Career Center and visit the main page for all your job search needs.

Firm Watch

Video

BDO’s Big Ad Campaign: It’s Deadly

GoingConcern

February 4, 2010

Advertising a professional service company is a challenge for ad agencies. First, the subject is not all that interesting, except maybe to the people who work there, their families, and their clients. And second, the differences from one company to another are minute. What you can say about one CPA or law firm is pretty much the same as another. You can’t advertise a firm as doing something better, the way Tide claims to clean better or Crest to whiten teeth better.

What can marketers do when they can’t make a claim that they are better? Why, write a jingle, like Coke or Pepsi of course. However, professional service companies have to maintain some gravitas. Schmaltz and accountants would be like wearing shorts and flip-flops to a client meeting.

We’re presenting some analysis of two current accounting firm ad campaigns, starting with BDO and tackling Grant Thornton this afternoon.

Analysis and videos, after the jump

The solution is to differentiate yourself not by what you say but through the tone of your advertising. And the tone of the BDO’s advertising is deadly, almost literally. It is dark, and cold, and depressing. And it doesn’t work because it takes itself too seriously. The conversations are artificial, and the situations forced.

In the following commercial, as two executives exit an unidentified intuitional-looking edifice, one person says to the other “Reilly hit the roof” about the need to restate. We never find out who “Reilly” is, but are reassured that “the partners are on it”, suggesting that BDO will not send in the juniors to fix the problem.

This second commercial deals with the switch from GAAP to IFRS. Why is BDO best suited to handling it? According to the commercial because of its global resources and because “it’s complicated.” Oh? Weak, pretty generic, arguments.

The best asset BDO has is it tagline, “People who know, know BDO”. That could have been the idea for a very nice commercial, maybe using real customers, but BDO did not capitalize on it.

Avi Dan is President & CEO of Avidan Strategies, a New York based consultancy specialized in advising professional service companies on marketing and business development. Mr. Dan was previously a board member with two leading advertising agencies and managed another.

IRS

The IRS Goes Gun Shopping

Caleb Newquist

February 4, 2010

‘Cause they’re in the market. For those of you that still doubt how serious of a force the Internal Revenue Service is, you’d better start paying attention because the the Service is in the market for guns. You would think, that with a certain hawkish administration recently in charge, every government agency would have ~~arms dealers~~ Smith & Wesson on speed dial but maybe change really did occur in DC.

Never mind that for now. The IRS is taking bids right now and they know what they want:

The Internal Revenue Service (IRS) intends to purchase sixty Remington Model 870 Police RAMAC #24587 12 gauge pump-action shotguns for the Criminal Investigation Division. The Remington parkerized shotguns, with fourteen inch barrel, modified choke, Wilson Combat Ghost Ring rear sight and XS4 Contour Bead front sight, Knoxx Reduced Recoil Adjustable Stock, and Speedfeed ribbed black forend, are designated as the only shotguns authorized for IRS duty based on compatibility with IRS existing shotgun inventory, certified armorer and combat training and protocol, maintenance, and parts.

The only conclusion we can come to is that somebody (Joe Francis?, Nic Cage?) is about to get their doors kicked down with extreme fucking prejudice. OR the initial visits of the thousands the IRS is making haven’t gone so well and arming their agents to the teeth should help them get their point across. OR maybe Doug Shulman just loves the cold steel of a 12 gauge against his naked skin. Whatever is going on, it’s no joke.

ANR

Accounting News Roundup: Surprise! Global Accounting Standards Face Delays; Don’t Die in These States This Year; Canada Has a National Accounting Competition? | 02.04.10

Caleb Newquist

February 4, 2010

• Global accounting rules may face big delays [Reuters]
Here’s a shocker: the convergence of accounting rules may not get done in a timely fashion. Considering that the SEC seems to be avoiding the issue and everyone seems to be waiting on them:

“The next six months are going to be defining,” said Deloitte Touche Tohmatsu CEO James Quigley, who describes his position as more hopeful than confident that a single set of standards will be agreed soon. “The key is what the SEC’s position is going to be,” he said.

Great to know. Plus, the timeline keeps getting longer. Forget 2011; Bob Moritz says we’ll be lucky if we get this wrapped up by the end of the decade, “[Moritz] said that the original date of 2014 for one set of rules could easily extend to 2020.” A show of hands for just throwing this on the scrap heap along with tax reform?

• Where Not To Die In 2010 [Forbes via TaxProf Blog]
So if you’ve been enjoying the impotence of Congress with regards to the federal estate tax, thinking that it won’t be long before that rich uncle of yours will kick the bucket and you’ll dodge the estate tax. Sure they could retroactively reinstate the tax but it’s worth the gamble isn’t it? Plus, we’re still talking about the likes of Charlie Rangel. It’s possible that he could have forgotten that there’s problem. If a Rangel can forget about his financial situation he can surely do the same for the good of his country, can’t he?

Despite Rangs and Co., there are nineteen states out there that can still get a little piece of your rich relative’s action, whether it’s an inheritance tax or an estate tax:

Maybe this isn’t reason enough to the pull up the stakes but now you can’t say you weren’t warned.

• National accounting competition begins in Winnipeg [Winnipeg Free Press]
We weren’t aware such a thing existed in the world, let alone our own continent. Plus, what does “an accounting-focused case competition” consist of? We’ve obviously not been paying attention because this is the 9th go-round for the Gathering of Accounting Associates Professionals and Students Conference (GAAPS).

Since Winnipeg doesn’t have a hockey team anymore, it’s understandable that they would like to attract people to their city for something; but this?

Quote of the Day

Quote of the Day: He’s Also Good at Stalking | 02.03.10

Caleb Newquist

February 4, 2010

“I suspect he takes much more pleasure in baiting opponents than he does in running a company. The evidence he is good at baiting is much clearer than the evidence he is good at managing.”

~ Floyd Norris, New York Times Columnist on the Farmville obsessed, Segway Cowboy Patrick Byrne.

News

Stephen Chipman’s Latest Blog Post: Atlanta Knows How to Party; The End of Suffering

Caleb Newquist

February 4, 2010

Last week, we were a little disappointed in Stephen Chipman’s debut blog entry; A) it’s not public for the whole world to read and B) it reminded us of a journal except all the good stuff like morning bathroom routine, the wife’s headache, compensating for said headache, etc. was left out.

This week is a little better (no Lost recap and 1,200+ words are big negative points), as he shared with the GT troops about his little excursion down to Atlanta to do some glad-handing at the open house for the new office space there. Chip was impressed not only by the new LEED facility but by the willingness of a fair amount of people in Atlanta that had nothing better to do on a Wednesday night:

What struck me was that these were not people who came through obligation; they clearly wanted to be there. I met many clients, and they all had warm and wonderful things to say about our Atlanta office partners and people. Where some business receptions can be deadly if the mix and tone aren’t just right, people were really enjoying themselves — they stayed, they mingled, they had fun, many enjoying themselves well past 9 o’clock at night. (It kicked off at 5).

Okay, so where are these deadly receptions occurring? We’ve been to some wild get-togethers where some people might not get along but there was no risk of anyone ending up dead. Perhaps he just means “shockingly awkward.” That’s way more believable than a party where a homicide may or may not occur.

And why would he be surprised if people could booze for free for over four hours? If there’s free beer and wine to be had in the middle of the week, that probably is the best thing you could do on a Wednesday.

The only other tidbit worth mentioning is that Steve-o got a little redemption that was over two decades in the making. Back in the 80s when Chip was a manager living in Dallas, chasing SMU tail and starting to network, he was courting a prospect that ultimately went with a “large competitor.” Since that point in time, he has not taken it well:

For years — and this was more than two decades ago — I’ve watched this company from afar, and it’s become quite successful. I felt a pang every time I saw their signs (which were everywhere), and also their advertising at NHL games and sports arenas. With every sign sighting, I got increasingly frustrated that they were not a Grant Thornton client.

Many times SC could be caught looking off into the distance, dreaming about the one that got away. A tear. A lone tear…

Well you can rejoice now bitches! Turns out a current GT client recently purchase this prospect that broke our hero’s heart and is now a client of GT. “After almost 22 years of misery, my suffering has ended,” SC utters. This was his White Whale.

And to wrap it up, SC threw in a nice little pep talk for all of you GTers out there feeling down and out, “We don’t need to be the biggest to be the best.” He’s still thinking about you; even if you’re not in Atlanta.

Still no Lost recap.

KPMG

KPMG Boston Is Sprucing Up the New Headquarters, Sans Sign

Caleb Newquist

February 4, 2010

This morning we shared with you the news about Deloitte’s new nightlight in San Jose. Back on the right coast, KPMG Beantown is getting a little redecorating done themselves although it sounds a little more substantive than a sign that can’t send morse code to San Fran in case someone needs an extra intern.

KPMG bestowed Jones Lang LaSalle with the honor of designing the interior of the new digs at Two Financial Center and it sounds like all Klynveldians will be infinitely more productive at the new HQ. 96,000 square feet of pure auditing, tax, and advisory bliss:

The interior will enhance workflow efficiency and accommodate KPMG’s growth requirements, which include capacity for 692 employees. Highlights of the build out, valued at $5.8 million, include: a central reception area on floors one and two, a large conference center with full media capabilities, an employee café, dedicated Human Resources suite and open office areas.

By the sounds of it they’re implementing some sort of Feng Shui strategy that will result in robotic efficiency.

We’re thinking that less than $1 mil a floor sounds like a decent deal but no sign? How the hell is that worth it? It probably wasn’t up to the gang at JLL but they could have at least looked into it. If the British invade again, a warning from the four blue squares would go a long ways towards KPMG’s national security cred.

Career Center

Job of the Day: Genworth Needs a Financial Analyst

GoingConcern

February 3, 2010

An analytical CPA/CFA/MBA is needed for a position located at the Genworth HQ in Richmond, Virginia. Qualified candidates need to have at least five years of Big 4/public accounting experience or experience in financial services or insurance.

Check the more details for this position after the jump.

Company: Genworth Financial U.S.

Title: Sr. Finance Analyst – Strategic Capital Planning

Location: Richmond, VA

Minimum Experience: 5 years

Description: Genworth Financial is looking for a highly experienced and analytical CPA, CFA or MBA to join the Genworth HQ Stat Financial Planning & Analysis team.

Responsibilities: Liaison with various functional areas of the business, including Treasury, Tax, HQ GAAP FP&A, Business Development, Controllership, and Segment Finance groups as needed to consolidate long-term enterprise-wide financial plans, including all key financial metrics; Maintain models for use in updating the consolidated financial plans as needed and to show the impacts of various “what-if” scenarios on all key financial metrics; Use this information and analysis to support strategic corporate planning, including communications to the Board of the Directors; Support the management of the Corporate and Executive Capital Committees, including maintaining committee calendar, minutes and follow-ups, organizing and distributing materials, and documenting project statuses and approvals; Support the Business Development team by providing regular financial inputs, and ad hoc data and analysis as required; Support Board of Director, Quarter Close, Planning, Rating Agency and Capital Committee presentations and analysis as needed

Qualifications: CPA, CFA, or MBA designation; 5-7 years Financial and/or Insurance Experience; Prior Big 4 or public accounting experience; Corporate Finance Experience;

See the entire description over at the GC Career Center and visit the main page for all your job search needs.

Tax

Taxes: Because We're The Little People

Sex Change Expenses Are Deductible but You’re on Your Own for the C Cup

Joe Kristan

February 3, 2010

He seemed to have it all — a wife, three kids, a successful career. But it wasn’t enough. What he really wanted was another X chromosome. Our taxpayer, explains the Tax Court, “was uncomfortable in the male gender role from childhood and first wore women’s clothing secretly around age 10…discomfort regarding her gender intensified in adolescence…[The taxpayer] was a female trapped in a male body, and continued to secretly wear women’s clothing.”

So our taxpayer consulted a licensed social worker, which is apparently how these things are done, and after suitable counseling, decided to try on XX for size. The first steps down the path the the Misses Department seemed to suit the taxpayer, so he took the next big leap. $21,741 of surgical and related expenses later, the taxpayer was Ms. Rhiannon O’Donnabhain.

The Tax Court got involved when she deducted these expenses on her 2001 tax return. The IRS said that the expenses were not “medical” expenses under Sec. 219. It would be an unusual man who would undergo this sort of thing absent dire medical need: “The procedures that Dr. Meltzer carried out included surgical removal of the penis and testicles and creation of a vaginal space using genital skin and tissue.”

It took 139 pages and 4 separate opinions, but the Tax Court agreed that the gender reassignment surgery is a deductible medical expense. It’s surprising that it was so difficult, considering that the court is largely composed of men who wear dresses at work. But they felt it was necessary to go into the sort of privacy-killing detail that makes taxpayers think twice before spurning an appeals offer and going to Tax Court (oh, you mean you’re that Rhiannon O’Donnabhain!):

Petitioner, anticipating the formal recommendations for her surgery, went for a consultation and examination by Dr. Meltzer in June 2001 at his offices in Portland, Oregon. Dr. Meltzer concluded that petitioner was a good candidate for sex reassignment surgery. Dr. Meltzer’s notes of his physical examination of petitioner state: “Examination of her breasts reveal [sic] approximately B cup breasts with a very nice shape.”

Nice enough for government work, anyway. The Court ruled that while the hormone therapy, vaginoplasty, feminizing facial surgery and penis and testicle removal were deductible, breast augmentation was, well, too much:

given the contemporaneous documentation of the breasts’ apparent normalcy and the failure to adhere to the Benjamin standards’ requirement to document breast-engendered anxiety to justify the surgery, we find that petitioner’s breast augmentation surgery did not fall within the treatment protocol… Instead, the surgery merely improved her appearance.

So if the Tax Court’s view holds up on appeal, you can deduct the cost of changing sides, but if that’s not enough to make you sufficiently hot, you’re on your own.

Deloitte

Deloitte San Jose Re-signs Lease for a Nightlight

Caleb Newquist

February 3, 2010

We got pointed to an article about Deloitte’s San Jose office signing a new 10 year lease (subscription required) which is pretty ho-hum although since a $50,000 Deloitte sign sealed this particular deal it made us think back to the idea of the Big 4 and shameless self-promotion.

According to the San Jose Business Journal, the mere idea of a Deloitte sign was the ultimate temptress, “permission to put a sizable sign near the roof of the 16-story building was too tempting to pass up.” This despite the a 25% vacancy rate in downtown San Jose and a 20% vacancy rate in Silicon Valley. All that and we learned that when the sign is illuminated it’s only visible as far away as I-280 and U.S. Route 87.

Couldn’t they get something brighter? If it were us, we’d be looking for something akin to the Aurora Borealis.

Having never been to the Deloitte offices in San Jose (we’d love a tour though, virtual of course, or maybe just some still images of the cube farms) we can’t tell you if the troops out there were in desperate need of an upgrade in facilities. WTFK, maybe everything at 225 W. Santa Clara St. is tip-top. Aaaannnnnd maybe it was the best deal to stay put but the fact that the sign was the clincher seems a little, well, shameless.

More Deloitte Construction:
Deloitte’s Version of Delta Chi Breaks Ground Tomorrow