Topic
Risk Disclosure
28 published works
Environmental, Social and Governance (ESG)
9th Circuit Issued Preliminary Injunction Delaying Enforcement of California’s SB 261 Climate Based Risk Disclosure Law
Mid-week last week on November 18, 2025, SB 261 was put on official HOLD as the US Court of Appeals for the 9th Circuit issued a one page preliminary injunction…
Eye on Enforcement
Second Circuit Opinion Highlights Need for Public Companies to Revisit Risk Disclosures
On August 27, 2025, the U.S. Court of Appeals for the Second Circuit issued an opinion highlighting that, when public companies disclose risks using hypothetical language, those disclosures may be…
California Corporate & Securities Law Blog
Supreme Court Hears Argument On Whether "What's Past Is Prologue"
Yesterday, the United States Supreme Court heard oral argument in Facebook, Inc. v. Amalgamated Bank (S. Ct. Case No. 22-15077). As presented by Facebook (now known as Meta Platforms, Inc.), the question…
California Corporate & Securities Law Blog
Boilerplate Risk Factors – Is Nicolai Ivanovich Lobachevsky To Blame?
A recent paper by four law professors takes a look at risk factor disclosures in Form 10-Qs and 10-Ks filed by 3,000 firms from January 2020 through the end of…
Public Chatter
Corp Fin Director Erik Gerding Talks Risk Disclosure
By Broc Romanek
Here's the entirety of this "White Collar Briefly" blog penned by Gina Buschatzke and Kathryn Campbell: "At the recent 2023 Garrett Securities Law Institute Conference SEC panelists, including Erik Gerding, Director of…
Free Writings + Perspectives
SEC Division of Corporation Finance Issues Sample Letter to China-Based Companies
On December 20, 2021, the US Securities and Exchange Commission’s Division of Corporation Finance ("Division") issued the Sample Letter (“Letter”) to companies based or having the majority of their operations…
Public Chatter
Your 10-Q Risk Factors: 6 Types to Consider
By Jason Day
A few days ago, I ran down a list of five items to consider for your risk factor disclosure for the Form 10-Q. Right now, there are a number of…
Corporate & Financial Weekly Digest
Amendments to Risk Disclosure Statements for Security Futures Contracts Become Effective
By Kevin M. Foley, Timothy D. Kertland
On August 17, the National Futures Association (NFA) notified its members that amendments to NFA Compliance Rule 2-30(b) regarding risk disclosure statements for security futures contracts became effective on August…
Securities Law Prof Blog
Krakow & Schäfer on Mutual Funds
Nils Jonathan Krakow and Timo Schäfer have posted Mutual Funds and Risk Disclosure: Information Content of Fund Prospectuses on SSRN with the following abstract:Mutual funds are mandated by the Securities…
Securities Law Exchange
Approaching COVID-19 Risk Factor Disclosure in Upcoming Quarterly Reports on Form 10-Q
In a first-quarter (for calendar year-end companies) SEC disclosure landscape dominated by COVID-19 considerations, almost all public companies included a new risk factor addressing COVID-19 in their first quarter Form…