February 14, 2023

Risk Factors: More to Chew On for Your 10-K

We’ve blogged several times about potential risk factors in recent weeks – but hey, it’s that time of year, isn’t it?  So, as you continue to work on your Form 10-K and proxy filings, you may want to check out this recent Bryan Cave blog.  The blog covers some “old reliables” – like developments in China & the implications of a fight over the U.S. debt limit or a government shutdown – but here’s an excerpt that raises a couple of risks that might not have been on your radar screen:

Declaration of end of pandemic. With the Administration announcing the COVID public health emergency will expire on May 11, 2023, companies should evaluate whether any changes to existing pandemic-related risk factors are needed. While health care providers and patients may experience the most immediate effects, with the loss of free tests, treatments and vaccines, companies should consider whether any collateral consequences could materially affect them.

Possible future water allocation quotas in Western states. As a result of the inability of seven Western States to reach a negotiated resolution on allocation of sharply lower water flows from the Colorado River, companies and residents in those states may face harsh cuts forced to be made by the Interior Department. The timing and outcome of any future DOI actions remain uncertain, although administrative procedures and potential litigation may take some time. Unless drought conditions improve, companies may need to consider the impact of any quotas on their operations, suppliers, customers and other aspects of their businesses, and recognize that individual states may experience disparate water reductions.

John Jenkins