July 16, 2014
Conflict Minerals: How Do The 1st Batch of Form SDs Look?
In this podcast, Lawrence Heim of Elm Consulting describes how the first batch of Form SDs look and explains how he uses a set of 20 criteria to assess them, including:
– How many Form SDs have you reviewed so far?
– What type of analysis do you conduct when you review them?
– What have you found during your review?
– Any surprising trends?
Also check out Lawrence’s blog entitled “Tulane’s 2011 Conflict Minerals Cost Study Proving Accurate” – and this PwC review of Form SDs of the 50 largest companies. And also read Steve Quinlivan’s blog entitled “GAO Says Commerce Department Has Not Complied With Conflict Minerals Obligations.”
Conflict Minerals: Does Corp Fin Have a Position on Non-Metallic Forms of Tin?
Does Corp Fin believe that non-metallic forms of tin are not conflict minerals because they are “chemically distinct from the metal derivatives themselves”? I’ve read about Corp Fin’s informal position on non-metallic forms of tin (answering this question “yes”) – and been asked about it many times. Since I haven’t seen anything in writing from Corp Fin nor heard about a SEC Staffer publicly addressing it, I’ve been hesitant to consider it a Corp Fin position.
As noted in Jill Radloff’s blog (and as told by Elm Consulting), Keller and Heckman has posted this letter – in the “comments” section on the SEC’s conflict minerals rulemaking page – documenting discussion with the Staff. How authoritative is that? That’s unclear – and that’s why Keller and Heckman posted the letter. They ask the SEC to come out with something in writing…
Corporate Inversions: The Basics
Are you scared to go to a cocktail party because you will get hammered with questions about inversions once they find out you are a corporate lawyer? People are going crazy over companies avoiding paying taxes (and rightfully so). This Allan Sloan column from the Washington Post blasts them, this WSJ blog explains them – and this blog embeds a short WSJ video that summarizes them. I really like this NY Times article entitled “Motivating Corporations to Do Good” that came out today..
– Broc Romanek