SEC Staff Updates Guidance on Use of Non-GAAP Financial Measures

On Tuesday May 17, 2016, the staff of the SEC’s Division of Corporation Finance issued new C&DIs relating to Regulation G (which governs use of non-GAAP financial measures in public disclosures generally) and Item 10(e) of Regulation S-K (which governs use of non-GAAP financial measures in filings with the SEC and, in part, to earnings releases). These interpretations are the latest development in a recent resurgence of concern about the misuse of non-GAAP financial measures reflected in statements by Chair Mary Jo White and SEC staffers and in prominent press articles. These statements have suggested a trend toward additional scrutiny, the potential for an increase in SEC comments in this area and the possibility of rulemaking. Given this climate of scrutiny, Companies and audit committees should quickly familiarize themselves with the new guidance and engage in a thorough review of their practices relating to use of non-GAAP measures.

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Shearman & Sterling LLP | Attorney Advertising

Written by:

Shearman & Sterling LLP
Contact
more
less

Shearman & Sterling LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide