June 2, 2014

Conflict Minerals: Top 15 Form SDs/CMRs Reviewed (So Far)

With the Form SD filing deadline upon us today, there has been a flurry of last-minute questions about conflict minerals in our “Q&A Forum” – and Dave has been busy answering them. Meanwhile, here is analysis from Lawrence Heim of Elm Consulting about the Top 15 Form SDs that he has seen through the middle of Friday morning.

Meanwhile, Stinson Leonard Street’s Steve Quinlivan blogs: “The SEC has filed documentation with the District of Columbia Court of Appeals seeking an en banc rehearing of the conflict minerals decision. The original decision found that one piece of the disclosure required by the rule—the requirement that issuers report to the Securities and Exchange Commission and state on their website “that any of their products have not been found to be ‘DRC conflict free’”—compelled speech in violation of the First Amendment. The SEC is seeking a rehearing because the same court granted en banc rehearing in American Meat Institute v. United States Department of Agriculture, to consider whether rational basis review can apply to compelled disclosures even if they serve interests other than preventing deception.”

Study: 36% Haven’t Started to Update Internal Controls for New COSO Guidance

As laid out in this FEI blog, quite a few companies are lagging in updating their internal controls for the latest COSO guidance, as documented in this Protiviti study

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– Broc Romanek