Sculpin,
"there needs to be an assurance negotiated before hand in the lines of transparency which will free the company from certain liabilities and indirectly the liabilities of those in charge. Its the things not revealed that carry a true liability and is punishable by appropriate law."
in any negotiation both sides must perceive the conclusion as a win. Thus I think if in fact there are skeletons in the closet, management would never willingly hand over the key to that very closet. So frankly, I think it is a moot point as it is not realistic to think that the company would provide assurances to the shareholders, while not receiving assurances themselves.
"Plain and simple, over regulation that has taken away the value of effectiveness of law in this society, and has placed this burden upon the general populace, in which the lawyers always are the winners."
This all may very well be true, but this is the field we are to play on no matter how tilted, no matter how much we like it. The question is...do we bite the bullet and cleverly fight within the boundaries of the current field or do we walk off the field and fight the 1000 year war trying to make it level. I personally believe it is in our best interest lies in the former not the latter.
S.