To assist public companies with their securities compliance obligations, Goodwin’s Public Company Advisory Practice has prepared an Earnings Release Compliance Checklist and Earnings Release Review Guide. Quarterly earnings releases are one of the most important disclosure documents that companies publish. The contents of these releases can significantly impact the price of a company’s publicly-traded securities. As such, it is absolutely critical that a company get the messaging right for investors and wall street analysts while at the same time ensuring they adhere to mandated legal requirements.
Some of the topics covered in the Checklist and Guide include the following:
- How best to comply with SEC rules regarding non-GAAP financial measures and Regulation FD
- Practice tips for taking advantage of the safe harbor for forward-looking statements
- Disclosure issues to look out for in Item 2.02 Form 8-Ks for earnings releases
- Dealing with key performance indicators
- Drafting earnings release language in a way that is protective to the company