News & Analysis as of September 21, 2024

Social Media › Material Nonpublic Information

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When Does a Tweet Fall Afoul of Regulation FD

Robins Kaplan LLP on 1/1/2019

On August 7, 2018, Tesla CEO Elon Musk used his personal Twitter account (@elonmusk) to propose a buyout of the company for $420 a share, stating that funding was secured....more

The Fundamentals of Social Media Communication Compliance

Parker Poe Adams & Bernstein LLP on 3/4/2016

Communication via social media is now standard practice, to some extent, at almost all public companies. What once seemed limited to technology and other “forward-thinking” companies has now made its way into the even the...more

The Guide to Social Media and the Securities Laws

Morrison & Foerster LLP on 9/9/2013

REGULATION FD - Beginning in 1999 and continuing into 2000, media reports about selective disclosure of material nonpublic information by issuers raised concerns that select market professionals who were privy to this...more

SEC Greenlights Use of Social Media for Publicly Disclosing Company Information

BakerHostetler on 4/19/2013

Recognizing the reality that many investors likely get more information from Facebook and Twitter than a corporate 10-K and that most public companies have a robust social media presence, the U.S. Securities and Exchange...more

SEC Report Opens Door to Use of Social Media

Smith Anderson on 4/16/2013

On April 2, 2013, the U.S. Securities and Exchange Commission (the “SEC”) issued a Report of Investigation (the “Social Media Report”) clarifying that a company subject to Regulation Fair Disclosure (“Regulation FD”) may use...more

SEC Offers Guidance on Use of Social Media for Public Disclosure

Morrison & Foerster LLP - Social Media on 4/5/2013

On April 2, 2013, the U.S. Securities and Exchange Commission (SEC) issued guidance in the form of the Report of Investigation under Section 21(a) of the Securities Exchange Act of 1934 which indicates that social media...more

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