Communication with Financial Analysts and Related Disclosure Issues
November 16, 2010
On November 16, 2010, the firm issued an Alert Memo entitled “Communication with Financial Analysts and Related Disclosure Issues.” The memorandum discusses the range of investor and analyst communication issues faced by public companies. It reflects recent developments in the enforcement of Regulation FD, which has seen a significant increase during the last year, as well as Rule 10b-5 jurisprudence, NASDAQ rule changes and the SEC Division of Corporation Finance’s Compliance and Disclosure Interpretations relating to selective disclosure. The memorandum also discusses, among other topics, responding to market rumors, entanglement with research reports and public disclosure of non-GAAP financial measures.