News & Analysis as of

Public Disclosure Social Media Investors

Davis Wright Tremaine LLP

New SEC Guidance Regarding Social Media; Proposed Clarifications to Delaware Law for Mergers Following a Tender Offer; Change in...

Social media is becoming a desirable tool for companies to communicate with their shareholders and potential investors. Over the last few years, the Securities and Exchange Commission (“SEC”) has issued guidance on how SEC...more

JD Supra Perspectives

How the SEC's Social Media Guidance Changes The Way Companies Share Investor Information [Legal Perspective]

JD Supra Perspectives on

"While the guidance is not hard to understand, it will be difficult to apply. And the SEC will be looking for someone to cross the line..." - Stephen M. Quinlivan; Leonard, Street and Deinard...more

Womble Bond Dickinson

Be Careful What You Wish For: SEC Permits Company Disclosures Via Social Media If Regulation FD Requirements Are Met

Womble Bond Dickinson on

Last week, the Securities and Exchange Commission issued a report clarifying that companies can use social media channels, such as Facebook and Twitter, to disseminate material nonpublic company information under Regulation...more

Cohen & Gresser LLP

Lessons from Netflix on the Use of Social Media for Informal Disclosure

Cohen & Gresser LLP on

On April 2, 2013 the Securities and Exchange Commission (SEC) issued a report (the Netflix Report) announcing that it would not pursue enforcement action against Netflix, Inc. and its Chief Executive Officer, Reed Hastings,...more

Pillsbury Winthrop Shaw Pittman LLP

Safe Tweeting: SEC Provides Guidance on Social Media and Regulation FD Compliance

The SEC has provided guidance to publicly reporting companies on how to use popular social networking sites, such as Facebook and Twitter, consistent with federal securities laws. On April 2, 2013, the Securities and...more

Gray Reed

Social Media For The CEO: Lessons Learned From The Netflix/SEC Tussle And Reg FD

Gray Reed on

Yes, you can use social media to make material public disclosures. The SEC did not punish Netflix CEO Reed Hastings. The reality is, however, the SEC gave a warning to executives: we are not going to do anything this time...more

Miller & Martin PLLC

Regulation FD Does Not Prohibit Social Media Communications with Investors

Miller & Martin PLLC on

The Securities and Exchange Commission (“SEC”) recently released a report that answers important questions about how companies can release material information through social media without violating Regulation FD....more

Katten Muchin Rosenman LLP

SEC Provides Guidance Regarding Social Media and Regulation Fair Disclosure (Regulation FD)

On April 2, in connection with an investigation of Netflix, Inc. and its Chief Executive Officer, Reed Hastings, regarding a possible violation of Regulation FD, the Securities and Exchange Commission released a Report of...more

Miller Canfield

SEC Approves Communications Via Social Media

Miller Canfield on

The Securities and Exchange Commission (“SEC”) has taken a new position that publicly traded companies may use social media to communicate information to investors, so long as investors are first advised of the communication...more

Cadwalader, Wickersham & Taft LLP

A Brief Primer for Corporate Social Media Disclosures in Light of the SEC’s Recent Guidance on Regulation FD

The Securities and Exchange Commission ("Commission" or "SEC") recently stepped into the social media age with its April 2, 2013 Report of Investigation pursuant to 21(a) of the Securities Exchange Act of 1934 concerning a...more

Foley Hoag LLP

SEC Decides That Companies May Use Social Media

Foley Hoag LLP on

The Netflix Investigation - On July 3, 2012, the CEO of Netflix, Reed Hastings, used his personal Facebook page to announce that Netflix had streamed 1 billion hours of content in the month of June. As the Securities...more

Foley & Lardner LLP

SEC's Netflix Report Confirms Ability to Use Social Media for Reg. FD Disclosures but Cites Risks

Foley & Lardner LLP on

In connection with a Facebook post by Netflix CEO Reed Hastings, the SEC issued a report of investigation on April 2, 2013 (Netflix Report) indicating that Regulation FD permits a company to announce material information...more

Patterson Belknap Webb & Tyler LLP

SEC Outlines Position on FD Disclosure Using Social Media

The Securities and Exchange Commission (SEC), on April 2, 2013, outlined a new disclosure position that clarifies that public companies can use social media outlets like Facebook and Twitter to announce key information in...more

Troutman Pepper

Social Media Use By Public Companies – The SEC Weighs In

Troutman Pepper on

The increasing presence of social media has created new avenues for companies to market to and connect with consumers, customers and investors. Many heads of industry maintain very public profiles, appearing regularly on...more

Brooks Pierce

SEC Publishes Report on Reg. FD and Social Media – Joy, Vexation Follow

Brooks Pierce on

You probably remember a dustup from a few months ago when the SEC threatened to sue Netflix for violations of Regulation FD. Basically, the rule says that when a public company gives material nonpublic information to anyone,...more

Fenwick & West LLP

Corporate and Securities Alert: SEC Guidance on Using Social Media to Disclose Material Non-public Information

Fenwick & West LLP on

On April 2, 2013, the Securities and Exchange Commission issued noteworthy guidance on the use of social media to disclose material information in compliance with Regulation FD (Fair Disclosure)....more

Baker Donelson

SEC Approves Social Media Announcements If Investors Are Alerted

Baker Donelson on

On April 2, 2013, the Securities & Exchange Commission (SEC) announced that companies may use Facebook, Twitter and other social media sites to announce key information so long as investors have been alerted about which...more

Skadden, Arps, Slate, Meagher & Flom LLP

Corporate Finance Alert: Tweet This! SEC Addresses Application of Regulation FD to Social Media

On April 2, 2013, the Securities and Exchange Commission (the SEC) issued a report of investigation (the Report) that makes clear public companies may use social media such as Twitter and Facebook to announce information in...more

Pillsbury - Internet & Social Media Law Blog

SEC OKs Social Media Sites for Financial Disclosures

The Securities and Exchange Commission issued a report that makes clear that companies can use social media outlets like Facebook and Twitter to announce key information in compliance with Regulation Fair Disclosure...more

Stinson - Corporate & Securities Law Blog

SEC Smiles And Frowns On Use Of Social Media Under Regulation FD

Many may remember the Netflix matter. That stemmed from an inquiry the SEC’s Division of Enforcement launched about a post that Netflix CEO Reed Hastings made on his personal Facebook page. The post stated that Netflix’s...more

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