Category: The Disclosure Process

In this 9-minute video, Freshfields’ Pam Marcogliese discusses: What is your typical process when drafting disclosure to improve it? What do you consider to be good disclosure? What might be an example of a positive outcome for a client based…
In this 27-minute video, Compensia’s Mark Borges discusses: 1. What is your typical process when drafting disclosure to improve it? 2. What do you consider to be good disclosure? 3. Do you have any examples of how good disclosure resulted…
In this 14-minute video, Rob Main of Jasper Street Partners (formerly of Vanguard) discusses: 1. What areas of disclosure are most impactful for investors? 2. What areas of disclosure tend to be the most challenging to be transparent about? 3.…
As part of our blog series based on this great panel (see the first blog in the series about starting the drafting process) – featuring featuring WilmerHale’s Lily Brown and Edward Jones’ Keir Gumbs – here’s a blog that addresses…
This was such a great panel – featuring WilmerHale’s Lily Brown and Edward Jones’ Keir Gumbs – that I’ve decided to highlight their commentary in a series of blogs. This particular blog addresses the question of: “When you’re working on…
One of the hardest things for a disclosure draftsperson is addressing bad news in disclosure. Senior management might want to make light of it. Or not address it at all. That often can be a huge mistake – both from…
Here’s the intro from this fine piece from Labrador: “We continue to have conversations with our clients about “readiness” to transition to the new IFRS Sustainability Disclosure Standards from the International Sustainability Standards Board (ISSB). The ISSB has stated that…
Recently, I blogged about the challenges that those new to proxy disclosure face. Many of those same lessons apply to those tasked with drafting an ESG report for the first time. Labrador’s Sara McKinstry and Nancy Mentesana note a few…
I’ve been around so long now that that the “newbie” perspective doesn’t come easily to me. Lucky for me. But as you might expect, when I talk to new disclosure practitioners and ask them about their biggest challenges, the most…
This is an interesting question because the definition of “transparent” in the context of corporate communications to investors can indeed be a little complex. Is “engaging” part of that definition? Probably if a company wants an investor to act a…
As a lawyer, I worry probably too much about potential liability. Of course, much of it is needless paranoia because lawsuits and regulatory investigations are so rare when it comes down to it. But when lawsuits and regulatory investigations do…
As a long-time practitioner in the SEC filings space, I actually don’t have a lot of experience drafting “happy talk” documents. The proxy and Form 10-K have undergone a radical transformation over my 35-year career in gradually evolving from compliance-only…
Junior lawyers spend their first few years getting up to speed on the rules and regulations. It’s a real jumble and it’s hard enough to merely keep up with the latest rulemakings from the SEC, much less learn all that…
I’ve blogged before about the need to regularly think about the “why” of disclosure when you’re drafting. Let me talk about what sometimes happens when those moments of clarity occur. As an observer of disclosure over a long period time,…
One of the top challenges for disclosure teams – and for companies trying to communicate to the market in general – is attaining internal alignment. For example, when tackling the earning season – the Form 10-Q, the earnings release, and…

Section

Recent Posts

Pam Marcogliese on “The Disclosure Journey”
Mark Borges on “The Art of Disclosure”
What’s in a Name? The Evolution of the Names Replacing the “ESG Report”
Rob Main on the Investor Perspective of Disclosure
How to Consider Peer Disclosures When Drafting Disclosures
Phil Brown on Disclosure Intelligence