XPRT » Topics » ITEM 4. CONTROLS AND PROCEDURES

This excerpt taken from the XPRT 10-Q filed May 8, 2009.

ITEM 4. CONTROLS AND PROCEDURES

 

Evaluation of disclosure controls and procedures

 

Our management, with the participation of our Chief Executive Officer and our Chief Financial Officer, evaluated the effectiveness of our disclosure controls and procedures (as defined in Rule 13a-15(e) under the Securities Exchange Act of 1934) as of the end of the period covered by this Quarterly Report on Form 10-Q. Disclosure controls and procedures are designed to reasonably assure that information required to be disclosed in our reports filed under the Exchange Act, such as this Form 10-Q, is recorded, processed, summarized and reported within the time periods specified in the U.S. Securities and Exchange Commission’s rules and forms. Disclosure controls and procedures are also designed to reasonably assure that such information is accumulated and communicated to our management, including our Chief Executive Officer and Chief Financial Officer, as appropriate to allow timely decisions regarding required disclosure. Based on this evaluation, our Chief Executive Officer and our Chief Financial Officer concluded that as of March 31, 2009, our disclosure controls and procedures were effective.

 

It should be noted that any system of controls, however well designed and operated, can provide only reasonable, and not absolute, assurance that the objectives of the system will be met. In addition, the design of any control system is based in part upon certain assumptions about the likelihood of future events.

 

Changes in internal controls over financial reporting

 

Our management, with the participation of our Chief Executive Officer and Chief Financial Officer, also conducted an evaluation of our internal control over financial reporting to determine whether any change occurred during the first fiscal

 

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quarter of 2009 that has materially affected, or is reasonably likely to materially affect, our internal control over financial reporting. Our management concluded that there was no such change in our internal control over financial reporting that occurred during the quarter ended March 31, 2009 that has materially affected, or is reasonably likely to materially affect, our internal control over financial reporting.

 

PART II. OTHER INFORMATION

 

This excerpt taken from the XPRT 10-Q filed Nov 6, 2008.

ITEM 4. CONTROLS AND PROCEDURES

 

Evaluation of disclosure controls and procedures

 

Our management, with the participation of our Chief Executive Officer and Chief Financial Officer, conducted an evaluation of our disclosure controls and procedures, as such term is defined in Rule 13a-15(e) promulgated under the Securities Act of 1934, as

 

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amended, as of the end of the quarterly period covered by this report. Our disclosure controls and procedures are intended to ensure that information we are required to disclose in the reports that we file or submit under the Securities Exchange Act of 1934 is (i) recorded, processed, summarized and reported within the time periods specified in the Securities and Exchange Commission’s rules and forms and (ii) accumulated and communicated to our management, including our Chief Executive Officer and Chief Financial Officer, as the principal executive and financial officers, respectively, to allow timely decisions regarding required disclosure. Based on this evaluation, our Chief Executive Officer and our Chief Financial Officer concluded that as of September 30, 2008, our disclosure controls and procedures were effective.

 

It should be noted that any system of controls, however well designed and operated, can provide only reasonable, and not absolute, assurance that the objectives of the system will be met. In addition, the design of any control system is based in part upon certain assumptions about the likelihood of certain events and there can be no assurance that any design will succeed in achieving its stated goals under all potential future conditions.

 

Quarterly evaluation of changes in internal controls over financial reporting

 

Our management, with the participation of our Chief Executive Officer and Chief Financial Officer, also conducted an evaluation of our internal control over financial reporting to determine whether any change occurred during the third quarter of 2008 that materially affected, or is reasonably likely to materially affect, our internal control over financial reporting. Based on that evaluation, our management has concluded that there was no such change in our internal control over financial reporting that occurred during the period covered by this Quarterly Report on Form 10-Q that has materially affected, or is likely to materially affect, our internal control over financial reporting and disclosure controls and procedures.

 

PART II. OTHER INFORMATION

 

This excerpt taken from the XPRT 10-Q filed Aug 11, 2008.

ITEM 4. CONTROLS AND PROCEDURES

 

Evaluation of disclosure controls and procedures

 

Our management, with the participation of our Chief Executive Officer and Chief Financial Officer, conducted an evaluation of our disclosure controls and procedures, as such term is defined in Rule 13a-15(e) promulgated under the Securities Act of 1934, as amended, as of the end of the quarterly period covered by this report. Our disclosure controls and procedures are intended to ensure that information we are required to disclose in the reports that we file or submit under the Securities Exchange Act of 1934 is (i) recorded, processed, summarized and reported within the time periods specified in the Securities and Exchange Commission’s rules and forms and (ii) accumulated and communicated to our management, including our Chief Executive Officer and Chief Financial Officer, as the principal executive and financial officers, respectively, to allow timely decisions regarding required disclosure. Based on this evaluation, our Chief Executive Officer and our Chief Financial Officer concluded that as of June 30, 2008, our disclosure controls and procedures were effective.

 

It should be noted that any system of controls, however well designed and operated, can provide only reasonable, and not absolute, assurance that the objectives of the system will be met. In addition, the design of any control system is based in part upon certain assumptions about the likelihood of certain events and there can be no assurance that any design will succeed in achieving its stated goals under all potential future conditions.

 

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Quarterly evaluation of changes in internal controls over financial reporting

 

Our management, with the participation of our Chief Executive Officer and Chief Financial Officer, also conducted an evaluation of our internal control over financial reporting to determine whether any change occurred during the second quarter of 2008 that materially affected, or is reasonably likely to materially affect, our internal control over financial reporting. Based on that evaluation, our management has concluded that there was no such change in our internal control over financial reporting that occurred during the period covered by this Quarterly Report on Form 10-Q that has materially affected, or is likely to materially affect, our internal control over financial reporting and disclosure controls and procedures.

 

PART II. OTHER INFORMATION

 

This excerpt taken from the XPRT 10-Q filed May 9, 2008.

ITEM 4. CONTROLS AND PROCEDURES

 

Evaluation of disclosure controls and procedures

 

Our management, with the participation of our Chief Executive Officer and Chief Financial Officer, conducted an evaluation of our disclosure controls and procedures, as such term is defined in Rule 13a-15(e) promulgated under the Securities Act of 1934, as amended, as of the end of the quarterly period covered by this report. Our disclosure controls and procedures are intended to ensure that information we are required to disclose in the reports that we file or submit under the Securities Exchange Act of 1934 is (i) recorded, processed, summarized and reported within the time periods specified in the Securities and Exchange Commission’s rules and forms and (ii) accumulated and communicated to our management, including our Chief Executive Officer and Chief Financial Officer, as the principal executive and financial officers, respectively, to allow timely decisions regarding required disclosure. Based on this evaluation, our Chief Executive Officer and our Chief Financial Officer concluded that as of March 31, 2008, our disclosure controls and procedures were effective.

 

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It should be noted that any system of controls, however well designed and operated, can provide only reasonable, and not absolute, assurance that the objectives of the system will be met. In addition, the design of any control system is based in part upon certain assumptions about the likelihood of certain events and there can be no assurance that any design will succeed in achieving its stated goals under all potential future conditions.

 

Quarterly evaluation of changes in internal controls over financial reporting

 

Our management, with the participation of our Chief Executive Officer and Chief Financial Officer, also conducted an evaluation of our internal control over financial reporting to determine whether any change occurred during the first quarter of 2008 that materially affected, or is reasonably likely to materially affect, our internal control over financial reporting. Based on that evaluation, our management has concluded that there was no such change in our internal control over financial reporting that occurred during the period covered by this Quarterly Report on Form 10-Q that has materially affected, or is likely to materially affect, our internal control over financial reporting and disclosure controls and procedures.

 

PART II. OTHER INFORMATION

 

This excerpt taken from the XPRT 10-K filed Mar 17, 2008.

ITEM 9A.    CONTROLS AND PROCEDURES

Evaluation of disclosure controls and procedures

        Our management, with the participation of our Chief Executive Officer and our Chief Financial Officer, evaluated the effectiveness of our disclosure controls and procedures as defined in Rule 13a-15(e) under the Securities Exchange Act of 1934 as of the end of the period covered by this Annual Report on Form 10-K. Disclosure controls and procedures are designed to reasonably assure that information required to be disclosed in our reports filed under the Exchange Act, such as this Form 10-K, is recorded, processed, summarized and reported within the time periods specified in the U.S. Securities and Exchange Commission's (SEC's) rules and forms. Disclosure controls are also designed to reasonably assure that such information is accumulated and communicated to our management, including our Chief Executive Officer and Chief Financial Officer, as appropriate to allow timely decisions regarding required disclosure. Based on this evaluation, our Chief Executive Officer and our Chief Financial Officer concluded that as of December 31, 2007, our disclosure controls and procedures were effective.

        It should be noted that any system of controls, however well designed and operated, can provide only reasonable, and not absolute, assurance that the objectives of the system will be met. In addition, the design of any control system is based in part upon certain assumptions about the likelihood of future events.

Changes in internal controls over financial reporting

        Our management, with the participation of our Chief Executive Officer and Chief Financial Officer, also conducted an evaluation of our internal control over financial reporting to determine whether any change occurred during the fourth fiscal quarter of 2007 that has materially affected, or is reasonably likely to materially affect, our internal control over financial reporting. Other than such actions noted below under the heading "Remediation Plan for Previously Identified Material Weakness," our management concluded that there was no such change in our internal control over financial reporting that occurred during quarter ended December 31, 2007 that has materially affected, or is reasonably likely to materially affect, our internal control over financial reporting.

Management report on internal control over financial reporting

        The management of LECG is responsible for establishing and maintaining adequate internal control over financial reporting as defined in Rule 13a-15(f) under the Securities Exchange Act of 1934. LECG's internal control over financial reporting is designed to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with accounting principles generally accepted in the United States of America. Internal control over financial reporting includes those policies and procedures that (i) pertain to the maintenance of records that in reasonable detail accurately and fairly reflect the transactions and dispositions of the assets of the company; (ii) provide reasonable assurance that transactions are recorded as necessary to permit preparation of financial statements in accordance with generally accepted accounting principles, and that receipts and expenditures of the company are being made only in accordance with authorizations of management and directors of the company; and (iii) provide reasonable assurance regarding prevention or timely detection of unauthorized acquisition, use or disposition of the company's assets that could have a material effect on the financial statements.

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        An internal control system over financial reporting has inherent limitations and may not prevent or detect misstatements. Therefore, even those systems determined to be effective can provide only reasonable assurance with respect to financial statement preparation and presentation. In addition, projections of any evaluation of effectiveness to future periods are subject to the risk that controls may become inadequate because of changes in conditions and that the degree of compliance with the policies or procedures may deteriorate.

        The management of LECG, with the participation of our Chief Executive Officer and our Chief Financial Officer, evaluated the effectiveness of the Company's internal control over financial reporting as of December 31, 2007. Management based its assessment on criteria established in Internal Control—Integrated Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission. Management's assessment included evaluation of such elements as the design and operating effectiveness of key financial reporting controls, process documentation, accounting policies, and our overall control environment. This assessment is supported by testing and monitoring performed by members of our Accounting, Finance and Information Services organizations, assisted by outside consulting services specializing in internal control testing. Based on this assessment, our management concluded that our internal control over financial reporting was effective as of December 31, 2007.

        Our internal control over financial reporting as of December 31, 2007 has also been audited by Deloitte & Touche LLP, an independent registered public accounting firm, and their opinion as to the effectiveness of our internal control over financial reporting is stated in their report which is included in Item 8 in this Annual Report on Form 10-K.

Remediation of previously reported material weakness

        In its assessment of the effectiveness of internal control over financial reporting as of December 31, 2006, our management identified the "material weakness" in our internal control over financial reporting (as defined by the Public Company Accounting Oversight Board or "PCAOB" in its Auditing Standard No. 2, "An Audit of Internal Control over Financial Reporting Performed in Conjunction with an Audit of Financial Statements") discussed below.

        We discovered errors in previously issued 2005 annual and 2006 quarterly consolidated financial statements in connection with certain specific compensation model calculations. Based on an analysis of the errors performed in accordance with the SEC's Staff Accounting Bulletin 108, we concluded that the errors were not material to any of the individual periods' income statements or balance sheets; however, our management assessed this as a significant deficiency in our internal control over financial reporting. Subsequently, after publicly announcing our preliminary consolidated financial statements for 2006, we identified and made adjustments totaling $496,000 to certain performance-based acquisition liabilities (earnouts) and goodwill in the December 31, 2006 balance sheet. Given the facts and circumstances surrounding the errors in calculating the complex compensation arrangements and the failure to provide timely information relating to certain earnout agreements, our Chief Executive Officer and Chief Financial Officer concluded that these significant deficiencies, when aggregated, constitute a material weakness in internal control over financial reporting as of December 31, 2006.

        The following actions were implemented throughout 2007 and completed during the quarter ended December 31, 2007 to remediate the identified significant deficiencies in internal control over financial reporting:

    modified the process for extracting the requisite data used to calculate compensation expense and earnouts that led to the errors in the 2005 and 2006 calculations

    modified operational procedures for aggregating revenue and expense data used in calculating compensation models and earnouts to provide improved assurance that the information gathered

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      is complete and timely. Such procedures were further documented to include these modifications.

    redefined positions and functional roles within the finance organization and added significant layers of internal review.

    hired additional personnel to assist in the administration of non-standard compensation and acquisition arrangements.

        Our management has concluded that as of December 31, 2007, the changes described above have successfully remediated the aforementioned material weakness.

This excerpt taken from the XPRT 10-Q filed Nov 8, 2007.

ITEM 4. CONTROLS AND PROCEDURES

 

(a)           Remediation Plan for Previously Identified Material Weakness

 

Our management assessed the effectiveness of our disclosure controls and procedures (as defined in Rule 13a-15(e) under the Securities Exchange Act of 1934, as amended) as of December 31, 2006 and concluded that our disclosure controls and procedures were not effective due to the facts and circumstances surrounding a material weakness in our internal control over financial reporting. The assessment was set forth in our “Management Report on Internal Control over Financial Reporting,” Part II, Item 9A, “Controls and Procedures” in our 2006 Form 10-K. This assessment identified the following “material weakness” (as defined by the Public Company Accounting Oversight Board or “PCAOB” in its Auditing Standard No. 2, “An Audit of Internal Control over Financial Reporting Performed in Conjunction with an Audit of Financial Statements”) in our internal control over financial reporting as of December 31, 2006:

 

“We discovered errors in connection with certain specific compensation model calculations. These errors were the result of the failure to include certain amounts attributable to two groups of experts when calculating compensation under their respective gross margin models. There is a high degree of complexity inherent in these calculations, singularity in the underlying agreements and a large volume of revenue and expense data required to be extracted from our accounting system over multiple entities within LECG before the calculation of compensation can be performed. Moreover, we discovered errors in the calculation of certain performance-based acquisition liabilities (earnouts) and goodwill. The calculation of earnouts has similarities to those of the expert

 

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compensation models in that they are complex, lack standardization and require extracting large amounts of data from our accounting system based on the terms of the agreements governing the earnouts.”

 

We have taken initial steps to address the control weakness assessed as of December 31, 2006 by modifying our process for extracting the requisite data used in calculating compensation expense and earnouts that led to the errors in the 2005 and 2006 calculations. We believe that the modifications will significantly decrease the likelihood that data will be excluded from any individual period’s calculation when fully implemented. We will also continue to review and modify our processes and procedures to further strengthen points of control in connection with all expert compensation calculations. This will involve reviewing and reconfirming the mapping of all operational processes in connection with gathering and aggregating revenue and expense data, redefining positions and functional roles within the finance organization, improving control procedures, adding significant layers of internal review, and adding finance department personnel to provide better assurance that the resulting financial information is accurate and produced in a timely manner.

 

(b)                                  Disclosure Controls and Procedures

 

Our management, with the participation of our Chief Executive Officer and Chief Financial Officer, conducted an evaluation of our disclosure controls and procedures, as such term is defined in Rule 13a-15(e) promulgated under the Securities Act of 1934, as amended, as of the end of the quarterly period covered by this report. Our disclosure controls and procedures are intended to ensure that the information we are required to disclose in the reports that we file or submit under the Securities Exchange Act of 1934 is (i) recorded, processed, summarized and reported within the time periods specified in the Securities and Exchange Commission’s rules and forms and (ii) accumulated and communicated to our management, including the Chief Executive Officer and Chief Financial Officer, as the principal executive and financial officers, respectively, to allow final decisions regarding required disclosures.

 

Because of the material weakness described in Management’s Report on Internal Control over Financial Reporting in our Annual Report on Form 10-K for the year ended December 31, 2006, our management has concluded that, as of the end of the period covered by this report, our disclosure controls and procedures were not effective.

 

Notwithstanding the material weakness discussed in our Annual Report on Form 10-K for the year ended December 31, 2006, our management has concluded that the financial statements included in this Form 10-Q present fairly, in all material respects, our financial position, results of operations and cash flows for the periods presented in conformity with generally accepted accounting principles.

 

It should be noted that any system of controls, however well designed and operated, can provide only reasonable, and not absolute, assurance that the objectives of the system will be met. In addition, the design of any control system is based in part upon certain assumptions about the likelihood of certain events.

 

(c)                                   Quarterly Evaluation of Changes in Internal Controls over Financial Reporting.

 

Our management, with the participation of our Chief Executive Officer and Chief Financial Officer, also conducted an evaluation of our internal control over financial reporting to determine whether any change occurred during the third quarter of 2007 that materially affected, or is reasonably likely to materially affect, our internal control over financial reporting. Based on that evaluation, our management has concluded that there was no change in our internal control over financial reporting that occurred during the period covered by this Quarterly Report on Form 10-Q that has materially affected, or is likely to materially affect, our internal control over financial reporting and disclosure controls and procedures

 

PART II. OTHER INFORMATION

 

This excerpt taken from the XPRT 10-Q filed Aug 8, 2007.

ITEM 4. CONTROLS AND PROCEDURES

(a)           Remediation Plan for Previously Identified Material Weakness

Our management assessed the effectiveness of our disclosure controls and procedures (as defined in Rule 13a-15(e) under the Securities Exchange Act of 1934, as amended) as of December 31, 2006 and concluded that our disclosure controls and procedures were not effective due to the facts and circumstances surrounding a material weakness in our internal control over financial reporting.  The assessment was set forth in our “Management Report on Internal Control over Financial Reporting,” Part II, Item 9A, “Controls and Procedures” in our 2006 Form 10-K.  This assessment identified the following “material weakness” (as defined by the Public Company Accounting Oversight Board or “PCAOB” in its Auditing Standard No. 2, “An Audit of Internal Control over Financial Reporting Performed in Conjunction with an Audit of Financial Statements”) in our internal control over financial reporting as of December 31, 2006:

“We discovered errors in connection with certain specific compensation model calculations.   These errors were the result of the failure to include certain amounts attributable to two groups of experts when calculating compensation under their respective gross margin models.   There is a high degree of complexity inherent in these calculations, singularity in the underlying agreements and a large volume of revenue and expense data required to be extracted from our accounting system over multiple entities within LECG before the calculation of compensation can be performed.  Moreover, we discovered errors in the calculation of certain performance-based acquisition liabilities (earnouts) and goodwill.   The calculation of earnouts has similarities to those of the expert compensation models in that they are complex, lack standardization and require extracting large amounts of data from our accounting system based on the terms of the agreements governing the earnouts.”

We have taken initial steps to address the control weakness assessed as of December 31, 2006 by modifying our process for extracting the requisite data used in calculating compensation expense that led to the errors in the 2005 and 2006 calculations.  We believe that the modification will significantly decrease the likelihood that data will be excluded from any individual period’s calculation when fully implemented.  We will also continue to review and modify our processes and procedures to further strengthen points of control in connection with all expert compensation calculations.  This will involve reviewing and reconfirming the mapping of all operational processes in connection with gathering and aggregating revenue and expense data, redefining positions and functional roles within the organization, improving control procedures, adding significant layers of internal review, and adding personnel to provide better assurance that the resulting financial information is accurate and produced in a timely manner.

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(b)           Disclosure Controls and Procedures

Our management, with the participation of our Chief Executive Officer and Chief Financial Officer, conducted an evaluation of our disclosure controls and procedures, as such term is defined in Rule 13a-15(e) promulgated under the Securities Act of 1934, as amended, as of the end of the quarterly period covered by this report.  Our disclosure controls and procedures are intended to ensure that the information we are required to disclose in the reports that we file or submit under the Securities Exchange Act of 1934 is (i) recorded, processed, summarized and reported within the time periods specified in the Securities and Exchange Commission’s rules and forms and (ii) accumulated and communicated to our management, including the Chief Executive Officer and Chief Financial Officer, as the principal executive and financial officers, respectively, to allow final decisions regarding required disclosures.

Because of the material weakness described in Management’s Report on Internal Control over Financial Reporting in our Annual Report on Form 10-K for the year ended December 31, 2006, which was filed with the SEC on March 12, 2007, our management has concluded that, as of the end of the period covered by this report, our disclosure controls and procedures were not effective.

Notwithstanding the material weakness discussed in our Annual Report on Form 10-K for the year ended December 31, 2006, our management has concluded that the financial statements included in this Form 10-Q present fairly, in all material respects, our financial position, results of operations and cash flows for the periods presented in conformity with generally accepted accounting principles.

It should be noted that any system of controls, however well designed and operated, can provide only reasonable, and not absolute, assurance that the objectives of the system will be met.  In addition, the design of any control system is based in part upon certain assumptions about the likelihood of certain events.

(c)                                  Quarterly Evaluation of Changes in Internal Controls over Financial Reporting.

Our management, with the participation of our Chief Executive Officer and Chief Financial Officer, also conducted an evaluation of our internal control over financial reporting to determine whether any change occurred during the second quarter of 2007 that materially affected, or is reasonably likely to materially affect, our internal control over financial reporting.  Based on that evaluation, our management has concluded that there was no change in our internal control over financial reporting that occurred during the period covered by this Quarterly Report on Form 10-Q that has materially affected, or is likely to materially affect, our internal control over financial reporting.

PART II.  OTHER INFORMATION

This excerpt taken from the XPRT 10-Q filed May 10, 2007.

ITEM 4. CONTROLS AND PROCEDURES

(a)                                  Evaluation of disclosure controls and procedures

Our management assessed the effectiveness of our disclosure controls and procedures (as defined in Rule 13q-15(e) under the Securities Exchange Act of 1934, as amended) as of December 31, 2006.  The assessment was set forth in our “Management Report on Internal Control over Financial Reporting,” Part II, Item 9A, “Controls and Procedures” in our 2006 Form 10-K.  This assessment identified the following “material weakness” (as defined by the Public Company Accounting Oversight Board or “PCAOB” in its Auditing Standard No. 2, “An Audit of Internal Control over Financial Reporting Performed in Conjunction with an Audit of Financial Statements”) in our internal control over financial reporting as of December 31, 2006:

“We discovered errors in connection with certain specific compensation model calculations.   These errors were the result of the failure to include certain amounts attributable to two groups of experts when calculating compensation under their respective gross margin models.   There is a high degree of complexity inherent in these calculations, singularity in the underlying agreements and a large volume of revenue and expense data required to be extracted from our accounting system over multiple entities within LECG before the calculation of compensation can be performed.  Moreover, we discovered errors in the calculation of certain performance-based acquisition liabilities (earnouts) and goodwill.   The calculation of earnouts has similarities to those of the expert compensation models in that they are complex, lack standardization and require extracting large amounts of data from our accounting system based on the terms of the agreements governing the earnouts.”

(b)                                 Remediation status

We have taken initial steps to address the control weakness assessed as of December 31, 2006 by modifying our process for extracting the requisite data used in calculating compensation expense that led to the errors in the

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2005 and 2006 calculations.  We believe that the modification will significantly decrease the likelihood that data will be excluded from any individual period’s calculation when fully implemented.  We will also continue to review and modify our processes and procedures to further strengthen points of control in connection with all expert compensation calculations.  This will involve reviewing and mapping all operational processes in connection with gathering and aggregating revenue and expense data and putting new controls in place to provide better assurance that the resulting financial information is accurate and produced in a timely manner.

(c)                                  Changes in internal controls over financial reporting.

There was no change in our internal control over financial reporting that occurred during the period covered by this Quarterly Report on Form 10-Q that has materially affected, or is reasonably likely to materially affect, our internal control over financial reporting.  .

PART II.  OTHER INFORMATION

This excerpt taken from the XPRT 10-Q filed Nov 7, 2006.

ITEM 4. CONTROLS AND PROCEDURES

(a)   Evaluation of disclosure controls and procedures

Our management evaluated, with the participation of our Chairman of the Board and our Chief Financial Officer, the effectiveness of our disclosure controls and procedures as of the end of the period covered by this Quarterly Report on Form 10-Q. Based on this evaluation, our Chairman of the Board and our Chief Financial Officer have concluded that our disclosure controls and procedures are effective to ensure that information we are required to disclose in reports that we file or submit under the Securities Exchange Act of 1934 is recorded, processed, summarized and reported within the time periods specified in Securities and Exchange Commission rules and forms.

(b)   Changes in internal controls over financial reporting.

There was no change in our internal control over financial reporting that occurred during the period covered by this Quarterly Report on Form 10-Q.

PART II. OTHER INFORMATION

This excerpt taken from the XPRT 10-Q filed Aug 8, 2006.

ITEM 4. CONTROLS AND PROCEDURES

 

(a)          Evaluation of disclosure controls and procedures

 

Our management evaluated, with the participation of our Chairman of the Board and our Chief Financial Officer, the effectiveness of our disclosure controls and procedures as of the end of the period covered by this Quarterly Report on Form 10-Q. Based on this evaluation, our Chairman of the Board and our Chief Financial Officer have concluded that our disclosure controls and procedures are effective to ensure that information we are required to disclose in reports that we file or submit under the Securities Exchange Act of 1934 is recorded, processed, summarized and reported within the time periods specified in Securities and Exchange Commission rules and forms.

 

(b)         Changes in internal controls over financial reporting.

 

There was no change in our internal control over financial reporting that occurred during the period covered by this Quarterly Report on Form 10-Q that has materially affected, or is reasonably likely to materially affect, our internal control over financial reporting.

 

PART II. OTHER INFORMATION

 

This excerpt taken from the XPRT 10-Q filed May 8, 2006.

ITEM 4. CONTROLS AND PROCEDURES

 

(a)          Evaluation of disclosure controls and procedures

 

Our management evaluated, with the participation of our Chairman of the Board and our Chief Financial Officer, the effectiveness of our disclosure controls and procedures as of the end of the period covered by this Quarterly Report on Form 10-Q. Based on this evaluation, our Chairman of the Board and our Chief Financial Officer have concluded that our disclosure controls and procedures are effective to ensure that information we are required to disclose in reports that we file or submit under the Securities Exchange Act of 1934 is recorded, processed, summarized and reported within the time periods specified in Securities and Exchange Commission rules and forms.

 

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(b)         Changes in internal controls over financial reporting.

 

There was no change in our internal control over financial reporting that occurred during the period covered by this Quarterly Report on Form 10-Q that has materially affected, or is reasonably likely to materially affect, our internal control over financial reporting.

 

PART II. OTHER INFORMATION

 

This excerpt taken from the XPRT 10-Q filed Nov 8, 2005.

ITEM 4.  CONTROLS AND PROCEDURES

 

(a)          Evaluation of disclosure controls and procedures

 

Our management evaluated, with the participation of our Chairman of the Board and our Chief Financial Officer, the effectiveness of our disclosure controls and procedures as of the end of the period covered by this Quarterly Report on Form 10-Q.  Based on this evaluation, our Chairman of the Board and our Chief Financial Officer have concluded that our disclosure controls and procedures are effective to ensure that information we are required to disclose in reports that we file or submit under the Securities Exchange Act of 1934 is recorded, processed, summarized and reported within the time periods specified in Securities and Exchange Commission rules and forms.

 

(b)         Changes in internal controls over financial reporting.

 

There was no change in our internal control over financial reporting that occurred during the period covered by this Quarterly Report on Form 10-Q that has materially affected, or is reasonably likely to materially affect, our internal control over financial reporting.

 

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PART II.  OTHER INFORMATION

 

This excerpt taken from the XPRT 10-Q filed Aug 5, 2005.

ITEM 4.  CONTROLS AND PROCEDURES

 

(a)     Evaluation of disclosure controls and procedures

 

Our management evaluated, with the participation of our Chairman of the Board and our Chief Financial Officer, the effectiveness of our disclosure controls and procedures as of the end of the period covered by this Quarterly Report on Form 10-Q.  Based on this evaluation, our Chairman of the Board and our Chief Financial Officer have concluded that our disclosure controls and procedures are effective to ensure that information we are required to disclose in reports that we file or submit under the Securities Exchange Act of 1934 is recorded, processed, summarized and reported within the time periods specified in Securities and Exchange Commission rules and forms.

 

(b)     Changes in internal controls over financial reporting.

 

There was no change in our internal control over financial reporting that occurred during the period covered by this Quarterly Report on Form 10-Q that has materially affected, or is reasonably likely to materially affect, our internal control over financial reporting.

 

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PART II.  OTHER INFORMATION

 

This excerpt taken from the XPRT 10-Q filed May 9, 2005.

ITEM 4.  CONTROLS AND PROCEDURES

 

(a)                Evaluation of disclosure controls and procedures

 

Our management evaluated, with the participation of our Chairman of the Board and our Chief Financial Officer, the effectiveness of our disclosure controls and procedures as of the end of the period covered by this Quarterly Report on Form 10-Q.  Based on this evaluation, our Chairman of the Board and our Chief Financial Officer have concluded that our disclosure controls and procedures are effective to ensure that information we are required to disclose in reports that we file or submit under the Securities Exchange Act of 1934 is recorded, processed, summarized and reported within the time periods specified in Securities and Exchange Commission rules and forms.

 

(b)               Changes in internal controls over financial reporting.

 

There was no change in our internal control over financial reporting that occurred during the period covered by this Quarterly Report on Form 10-Q that has materially affected, or is reasonably likely to materially affect, our internal control over financial reporting.

 

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PART II.  OTHER INFORMATION

 

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