Communication with Financial Analysts and Related Disclosure Issues

The firm recently updated a memo addressing disclosure issues that frequently arise in communications between a public company and the market. The memo, includes recent developments in the enforcement of Regulation FD, as well as judicial decisions relating to Rule 10b-5. In addition, the memo discusses, among other topics, the duty to update previous communications, responding to market rumors, entanglement with research reports and public disclosure of non-GAAP financial measures.