TheCorporateCounsel.net

We have posted the survey results regarding the latest Regulation FD trends, repeated below. This new survey supplements several prior surveys that we have conducted on this topic:

1. Our company has a written policy addressing Reg FD practices:

– Yes, and it is publicly available on our website – 11.8%
– Yes, but it is not publicly available on our website – 62.7%
– No, but we are in the process of drafting such a policy – 13.6%
– No, and we do not intend to adopt such a policy in the near future – 11.8%

2. Regarding reaffirmation of earning announcements, our company uses one of the following rules of thumb regarding private reaffirmations:

– We do not allow private reaffirmation – 63.6%
– Rule of thumb allowing for private reaffirmations of one week or less – 10.9%
– Rule of thumb allowing for private reaffirmations of one to two weeks – 10.9%
– Rule of thumb allowing for private reaffirmations of two to three weeks – 5.5%
– We permit private reaffirmations – but never use a rule of thumb, instead we require confirmation of no material change with CEO, GC, etc. – 9.0%

3. At our company, our CEO and other senior managers: (multiple answers apply, may total more than 100%):

– Are not permitted to meet privately with analysts – 6.9%
– Are only permitted to meet privately with analysts so long as someone else accompanies them (such as general counsel or IR officer) – 63.8%
– Are permitted to meet privately with analysts after briefing by IR officer, general counsel, etc. – 32.8%
– Are only permitted to meet privately with analysts during certain designated times – 25.9%

Please take a moment to participate in this “Quick Survey on Whistleblower Policies & Procedures.”

8-Year Study: Audit and Non-Audit Fees

In this podcast, Don Whalen of Audit Analytics discusses the latest audit and non-audit fee study from his firm, entitled “Study: Audit Fees/Non-Audit Fees – 8 Years,” including:

– What is the research population for the latest study?
– What do audit fee trends look like?
– What about non-audit fee trends?
– What were the biggest surprises from the latest study?

Cancelled: SEC Adopting Institutional Investment Manager Vote Reporting Rules

The SEC has amended its agenda for today’s open Commission meeting and will not be voting on adopting rules requiring institutional investment managers to disclose their voting records yet (the proposal came out last October). No word on why the sudden cancellation of this agenda item – but I imagine adoption of these rules is merely postponed as they don’t appear controversial looking at the comments submitted. The remaining three agenda items will still be dealt with at the meeting.

– Broc Romanek