January 3, 2006

What Was Hot; What Was Not in 2005

Happy New Year! Here is my 2nd annual creation of an “In/Out” List:

– Hedge Fund Activists/Union Activists
– Free Writing Prospectuses/Gun-Jumping
– Auditor Liability Caps/Internal Controls
– “Really Vote No” Campaigns/”Just Vote No” Campaigns
– More Exec Comp Disclosure/Complaining about Comp Disclosure
– Going Dark and Private/Going Public
– Access Equals Delivery/Electronic Delivery
– Internal Pay Equity/Peer Benchmarking
– Podcasts/Text Interviews

If you have any further suggestions, please email them to me and I will add them to this list. For comparison, here is last year’s list.

Time to Renew!

As all our memberships and subscriptions are based on a calendar year, some of yours may have expired over the weekend. You can renew online below for any of these fine print or online publications:
The Corporate Counsel print newsletter
The Corporate Executive print newsletter
Section 16 Annual Service
Romeo & Dye’s Section 16 Filer

Number of Restatements During 2005 Break Record

Last Thursday, the USA Today ran this article noting that there were a record number of restatements during 2005. The good news is that many of these restatements were announced as companies were completing their 404 work (499 in the March-May time frame; another 114 in August) and most of these companies have identified and corrected their problems.

With larger companies done with their initial year of internal controls testing, the number of restatements appeared to be trending down by the end of ’05 – and ’06 could be the first year in which there are significantly fewer restatements compared to the prior year since the numbers began to be tracked in ’97. Of course, as smaller companies are required to complete their 404 work, this number likely will shoot up again…