TheCorporateCounsel.net

Snow is in the forecast here this week, which is a reminder that annual report season will soon be upon us – and it’s time to start assessing whether you need to update your risk factors. This 14-page memo from White & Case gives color on 10 macro developments that may affect your risk factors this year:

1. Market Conditions

2. Inflation & Interest Rates

3. Covid-19 Impact

4. ESG Issues

5. Ukraine Conflict

6. Cybersecurity

7. Supply Chain Disruptions

8. Human Capital & Labor Issues

9. Regulatory Developments (e.g., the Inflation Reduction Act)

10. Trade Sanctions

The memo goes on to give 4 important drafting reminders – e.g., avoiding hypotheticals. For additional practical tips on that front, see our article from the January-February 2018 issue of The Corporate Counsel newsletter on “Best Practices for Drafting Your Risk Factors” – and our “Risk Factors Disclosure” Handbook. Also see the memos we’ve posted on “Risk Trends” in our “Risk Management” Practice Area. If you don’t already have access to these resources, email sales@ccrcorp.com.

– Liz Dunshee