Legal UpdateBoards Under Attack

NASBA Eastern Regional MeetingJune 23, 2011

Three Battle Fronts Court Challenges Legislative Budget Raids FTC Assault

Baisden v. California Board of Accountancy Banister v. California Board of Accountancy Duncan v. State Board Of Accountancy

(Idaho) Whisenant v. Alabama State Board of Public

Accountancy South Carolina Dept. Labor, Licensing &

Regulation v. Paulin Texas State Board of Public Accountancy v.

Bass

Other CPA Board Case Challenges

Banister v. California Board of Accountancy Johnson v. Hall (South Carolina) Larson v. Missouri Board of Accountancy Appeal of Mays (New Hampshire) Texas State Board of Public Accountancy v.

Bass

Legislative Budget Raids Potential Defenses

◦ State Constitution Limits on Uses of Funds◦ Riley v. Forbes (California 1924)◦ Opinion of Justices Case New Hampshire (1985)

FTC Assault Regulatory Board with a majority of

licensees constitutes an ipso facto antitrust conspiracy

State Action Exemption 10th Amendment