September 15, 2003

We have fielded a lot

We have fielded a lot of questions on the July-August 2003 edition of The Corporate Counsel, in which there is a statement on page 2 that, in order to avoid having to file a second Form 8-K with respect to any non-public material information that is released in an analyst conference call, a company is required “to release their earnings and furnish the first Form 8-K [with the earnings release] by the end of the EDGAR filing day on the day preceding the analyst call, not the next morning before the market (or EDGAR) opens.” As many readers have noted, this prior-day filing does not seem to be required by the SEC rule release or the FAQs issued by the SEC on June 13. This indeed is true and I intend to post a clarification/correction very soon (and thankfully, I was not the author of that statement).

For subscribers, we have posted an interview with Andrea Robinson of Hale & Dorr about Parallel Criminal and SEC Prosecution Risks, a topic that is increasingly becoming important.

Gearing up for the proxy season, we have also posted a list of links to the proxy statements for the 20 most widely held companies. I know its early but our goal is to be a step ahead of the start of the season in an effort to be useful.