The COVID‐19 outbreak is creating a great deal of uncertainty in the global economy and in our daily lives. Companies worldwide are facing unique legal and operational challenges related to the outbreak and the downturn in the economy. In the midst of this constantly evolving landscape, U.S. publicly traded companies must continue to consider how the situation impacts their disclosure.
One month into the outbreak in the United States, Gibson Dunn has been tracking disclosure among public companies as practices develop. We have prepared an alert for our clients and friends that provides observations and guidance for companies preparing disclosure in areas that are influenced by the COVID-19 outbreak.
This client alert is intended to serve only as a starting point for appropriate analysis, and each company’s disclosure should be tailored to its particular circumstances. Given the rapidly changing landscape, disclosure should be assessed and, if necessary, revised shortly before it is made. We encourage you to reach out to Gibson Dunn’s Securities Regulation and Corporate Governance and Capital Markets teams to discuss specific questions as they arise.
Significant areas of disclosure that public companies should continuously consider during the course of the COVID-19 outbreak include the following:
- SEC Guidance and Questions to Ask
- Earnings Guidance
- Disclosure in Periodic Reports
- Non-GAAP Supplemental Measures
- Forward-Looking Statement Disclaimers
- Regulation FD and Insider Trading Laws
- Capital Markets Disclosure
- Form 8-K Triggers
With this framework in mind, we hope you find our obversations and recommendations helpful. Access the client alert at the link below.