Stephan Hutter

Stephan Hutter

Skadden, Arps, Slate, Meagher & Flom LLP

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Latest Publications


"Corporate Finance Alert: 2017 SEC Filing Deadlines for Companies With December 31, 2016 Fiscal Year-End"

As the end of the year approaches, reporting companies should be aware of the various SEC filing deadlines for 2017. Companies also should be mindful of the 2017 financial statement “staleness” dates (when financial...more

10/21/2016 - Filing Deadlines Financial Statements Fiscal Year Foreign Private Issuers Publicly-Traded Companies SEC Year-End Compliance Checklist Year-End Planning

"Activist Investing in Europe: A Special Report (September 2016)"

This report offers an overview of the state of activism in Europe, as well as country-specific profiles for the United Kingdom, France, Germany, Italy and Switzerland, including information and commentary on noteworthy...more

10/19/2016 - Acquisitions Activist Investors Board of Directors Controlling Stockholders EU France Germany Italy Mergers Popular Proxy Contests Say-on-Pay Shareholder Activism Shareholder Rights Switzerland UK Unions Voting Rights

Corporate Finance Alert: SEC Staff Continues to Focus on Non-GAAP Financial Disclosures

In recent months, companies have experienced greater scrutiny of their use of non-GAAP financial measures by the staff of the U.S. Securities and Exchange Commission (SEC). This greater scrutiny follows the release earlier...more

10/14/2016 - CDIs Disclosure Requirements EBITDA Enforcement GAAP Non-GAAP Financial Measures SEC Tax-Deferred Exchanges

Corporate Finance Alert: Court Ruling May Broaden Noteholders' Ability to Receive Redemption Premiums Following Indenture Defaults

On September 19, 2016, the U.S. District Court for the Southern District of New York granted summary judgment to Wilmington Savings Fund Society, FSB, with respect to claims brought against Cash America International, Inc. in...more

10/5/2016 - Breach of Contract Financial Markets Financial Sector Securities Summary Judgment

"How Companies Should Respond to New Non-GAAP Financial Disclosure Guidance"

On May 17, 2016, the staff of the Division of Corporation Finance (Staff) of the U.S. Securities and Exchange Commission (SEC) released new and revised Compliance and Disclosure Interpretations (CDIs) regarding the use of...more

7/8/2016 - CDIs Corporate Financing Disclosure Requirements Financial Statements Non-GAAP Financial Measures SEC

"Corporate Finance Alert: The Use of Non-GAAP Financial Measures — A Disclosure Guide"

Companies commonly supplement their reported earnings under U.S. generally accepted accounting principles (GAAP) with non-GAAP financial measures that they believe more accurately reflect their results or financial position...more

7/8/2016 - Accounting Standards Financial Reporting GAAP Non-GAAP Financial Measures Public Disclosure Publicly-Traded Companies Registration Statement Regulation S-K SEC

"Corporate Finance Alert: SEC Staff Issues Interpretations on General Solicitation Prohibition"

The staff of the SEC Division of Corporation Finance (Staff) recently issued new Compliance and Disclosure Interpretations (CDIs) and an interpretive letter regarding the general solicitation prohibition in securities...more

8/14/2015 - Administrative Interpretation Angel Investors CDIs Compliance Corporate Issuers Disclosure General Solicitation Interpretive Letters Investment Adviser No-Action Letters Rule 506 Offerings SEC

"Insider Trading Laws Complicate the Distribution of Research Reports in German IPOs"

Under German law, the preparation and distribution of predeal research reports — a common practice for German initial public offerings — raises certain insider trading law issues that recently have changed the manner in which...more

2/3/2015 - Germany Insider Trading IPO Securities

2015 SEC Filing Deadlines for Companies With December 31, 2014 Fiscal Year End

As the end of the year approaches, reporting companies should be aware of the various SEC filing deadlines for 2015. Companies also should be mindful of the 2015 financial statement "staleness" dates (when financial...more

10/8/2014 - Compliance Deadlines Filing Requirements SEC

"OFAC and German Foreign Trade Regulations: Underwriters Attempt to Square the Circle"

When negotiating underwriting and purchase agreements for securities offerings by German issuers, legal advisers face conflicting requirements under U.S. economic sanctions laws administered by the Office of Foreign Assets...more

1/24/2014 - EU OFAC Trade Policy Underwriting

"Alternative Transaction Structures: The 'New Normal' in Volatile German Capital Markets"

During the past two years the European equity capital markets have shown clear signs of recovery. However, these markets continue to experience more volatility than before the global financial crisis. Virtually every market...more

1/23/2014 - Block Trades EU Foreign Investment Investors IPO Shelf Corporations

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