November 15, 2004

The SEC Speaks at PLI

During last week’s PLI Securities Institute, members of the SEC Staff gave an update on the status of some pressing matters, including:

– Corp Fin Associate Director Paula Dubberly indicated that written guidance on the new 8-K rules would be forthcoming shortly, possibly this week

– Corp Fin Director Alan Beller said that the SEC would act on its outstanding proposal to delay the accelerated filer deadline for periodic reports “sooner rather than later”

– Alan closed his Picnic Q&A by strongly urging the audience to read his speech about compensation disclosures that he delivered at our 10/20 conference (in fact, Eliot Spitzer wrapped up his keynote speech by admonishing investors for not taking a stronger stance in the comp area)

– Chief Accountant Donald Nicolaisen vaguely addressed the potential to delay the 404 deadline further by noting the SEC might consider something in a few weeks (but wasn’t clear what was being considered and definitely didn’t promise anything)

During the course of this week, we will be posting more detailed notes from this conference on

Deferred Compensation: Ten Things You Need to Do By Year-End!

On Wednesday, the NASPP is holding a webcast – “Deferred Compensation Legislation: Ten Things You Need to Do By Year-End!” – that is critical for anyone that has any type of deferred compensation arrangements as the window of opportunity to take action in the wake of the new JOBS Act is dwindling.

More on the 8-K Rules

I recently spoke at the ASCS Chicago Annual Chapter meeting and heard a great panel of in-house lawyers providing 8-K tips – and they have reprised their tips in this interview!