The most frequently asked question at all-hands meetings for a securities offering is “What financial statements will be needed?” The question seems simple enough. But the answer is rarely straightforward.
This User’s...more
1/9/2019
/ Corporate Governance ,
Corporate Issuers ,
Emerging Growth Companies ,
Financial Reporting ,
Financial Statements ,
Foreign Private Issuers ,
GAAP ,
IFRS ,
JOBS Act ,
Non-GAAP Financial Measures ,
Rule 144A ,
Securities and Exchange Commission (SEC)
The most frequently asked question at all-hands meetings for a securities offering is “What financial statements will be needed?” The question seems simple enough. But the answer is rarely straightforward.
This User’s...more
1/9/2019
/ Corporate Governance ,
Disclosure Requirements ,
Emerging Growth Companies ,
Financial Statements ,
Foreign Private Issuers ,
Form 8-K ,
GAAP ,
Internal Controls ,
JOBS Act ,
Non-GAAP Financial Measures ,
Publicly-Traded Companies ,
Rule 144A ,
Securities and Exchange Commission (SEC)
Our world-renowned expert on FPIs provides an exclusive look at Form 6-K reports.
Key Points:
..The simplicity of Form 6-K belies numerous interpretive questions that FPIs address on an ongoing basis.
..In practice,...more
SEC rule amendments expand the scope of scaled disclosure accommodations, which may offer disclosure relief to additional small cap and pre- and low-revenue issuers.
Key Points:
..The SEC has provided disclosure relief...more
The most frequently asked question at all-hands meetings for a securities offering is “What financial statements will be needed?” The question seems simple enough. But the answer is rarely straightforward.
This User’s...more
The most frequently asked question at all-hands meetings for a securities offering is “What financial statements will be needed?” The question seems simple enough. But the answer is rarely straightforward.
This User’s...more
1/5/2018
/ Acquisition Agreements ,
Acquisitions ,
Financial Statements ,
Foreign Private Issuers ,
Form 8-K ,
GAAP ,
Non-GAAP Financial Measures ,
Offerings ,
Public Offerings ,
Rule 144A ,
Securities and Exchange Commission (SEC)
Developing a process for foreign private issuers to pursue frequently beneficial business opportunities.
Investors and regulators in the current corporate governance environment have increased their focus on companies’...more
Non-US sovereigns can take advantage of a streamlined registration process to obtain financing in the US capital markets.
Key Points:
..SEC registration offers certain advantages that non-US sovereign issuers...more
Boards frequently encounter sustainability and other environmental, social and governance (ESG) issues in the oversight of a company’s operations, management, financial reporting and public disclosure. Investors increasingly...more
The SEC will require IFRS filers to use XBRL starting in 2018.
Key Points -
FPIs using IFRS are subject to XBRL starting in 2018:
..XBRL filing is voluntary in 2017, and will be required for filings beginning...more
Tax reform plans would fundamentally alter the landscape for key business decisions, impacting a business’ legal, finance, corporate development and other divisions, as well as tax groups.
Key Points:
..Tax reform...more
The SEC will require foreign private issuers that report in IFRS to submit XBRL financial statements for annual reports filed during 2018.
On March 1, 2017, the Securities and Exchange Commission (SEC) published a...more
Companies defined as “foreign private issuers” enjoy a number of important advantages under special SEC rules and accommodations.
Key Points:
..A company must pass one of two tests to qualify as an FPI....more
The most frequently asked question at all-hands meetings for a securities offering is “What financial statements will be needed?” The question seems simple enough. But the answer is rarely straightforward.
This User’s...more
The most frequently asked question at all-hands meetings for a securities offering is “What financial statements will be needed?” The question seems simple enough. But the answer is rarely straightforward.
This User’s...more
Boards and management regularly use key performance indicators or metrics to oversee their businesses. These metrics typically cover financial and operating matters and are specific to each company and within industries....more
Tips and forms you can use for drafting your proxy statement to increase clarity and avoid pitfalls.
In February 2016, the SEC warned that among a broad selection of companies, poorly-drafted, ambiguous and sometimes...more
Introduction -
The most frequently asked question at all-hands meetings for a securities offering is “What financial statements will be needed?” The question seems simple enough. But the answer is rarely...more
The most frequently asked question at all-hands meetings for a securities offering is “What financial statements will be needed?” The question seems simple enough. But the answer is rarely straightforward.
This User’s...more
1/20/2016
/ Emerging Growth Companies ,
Financial Reporting ,
Financial Statements ,
Foreign Private Issuers ,
Form 8-K ,
GAAP ,
Internal Controls ,
Non-GAAP Financial Measures ,
Public Offerings ,
Rule 144A ,
Securities and Exchange Commission (SEC)
This is our initial public offering guide. It will help you decide whether an IPO is the right move for your company and, if so, help you make sure your IPO goes off as quickly and as smoothly as possible, without any...more
12/11/2015
/ Corporate Counsel ,
Emerging Growth Companies ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Statements ,
Initial Public Offering (IPO) ,
Internal Controls ,
JOBS Act ,
Publicly-Traded Companies ,
Safe Harbors ,
Sarbanes-Oxley ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Fraud ,
Young Lawyers
US publicly listed companies should plan now for proposed stringent policies and required disclosures.
Under the long-awaited proposed rules adopted by the Securities and Exchange Commission on July 1, 2015, generally,...more
Public companies in the United States are subject to litigation in various areas, including: shareholder litigation; government investigations and enforcement actions; environmental litigation and intellectual property...more
As amended, Regulation A now provides an exemption from registration for certain issuers offering up to US$50 million of securities in a 12-month period.
On March 25, 2015, the Securities and Exchange Commission (SEC)...more
Latham & Watkins partners William Baker, Alexander Cohen, Joel Trotter and Lawrence West hosted a webcast “Securities and Exchange Commission: Critical Issues Facing Public Companies.” Topics discussed included the increasing...more
4/2/2015
Introduction -
Oversight of enterprise risk management, or ERM, continues to challenge boards and occupy a prominent place on the governance agenda. Effective ERM seeks to balance risk and opportunity while enhancing...more