MD&A Update: Best Practices & Going Beyond Compliance Self-Study Webinar (1.5 Hours)

Overview: 

Two seasoned SEC Division of Corporation Finance alums will review not only the basic disclosure requirements of Management’s Discussion & Analysis (MD&A) and best practices, but also address recent SEC guidance, trends in Staff comment letters and important SEC enforcement actions related to MD&A disclosures. The discussion will cover current MD&A topics of interest such as:

  • Inflation
  • Cybersecurity
  • Artificial Intelligence
  • Key Performance Indicators (KPIs)
  • Private Securities Litigation Reform Act (PSLRA)
  • Forward-looking Statements and More
     
Objective: 

To update financial professionals on how to maintain meaningful and modernized MD&A within a constantly changing environment while also ensuring proper, thorough compliance.

 

SPEAKERS:

James Maloney, Partner, Gibson Dunn; Co-Chair Securities Regulation and Corporate Governance Practice Group; Formerly Special Counsel, SEC Division of Corporate Finance

David Korvin, Of Counsel, Gibson Dunn; Formerly Attorney, SEC Division of Corporate Finance

Emphasis: 
  • Areas Closely Scrutinized
    – Cybersecurity
    – Crypto assets
    – Artificial intelligence
    – R&D expenditures
    – Goodwill
  • Additional Non-GAAP Measures Relating to Regulation S-K Compliance
  • Forward Looking Statements
    – PSLRA/Bespeaks Caution Doctrine
    – What to say/What NOT to say
    – Early warning disclosures
  • Trends in Staff Comment Letters
    – Increasing letter volume
    – Results of operations
    – Key performance indicators
    – Interest rates
    – Liquidity and capital resources
    – Critical accounting policies and estimates
  • Key Supreme Court Decisions
  • Recent SEC/MD&A Enforcement Actions
  • Areas Ripe for Change

• Understand the primary objective of the MD&A section under Item 303 of Regulation S-K

• Recognize the importance of cybersecurity disclosures in MD&A

• Understand the SEC's requirements for non-GAAP financial measures

• Identify the trends in SEC comment letters regarding liquidity and capital resources

• Identify the key elements required in forward-looking statements

• Understand the significance of critical accounting estimates in financial disclosures

• Recognize the SEC’s enforcement actions, such as the 2022 case against VMWare

• Comprehend the SEC's cybersecurity disclosure requirements

 
Bottom
Price: 
$79.00
Prerequisite: 

None.

Preparation: 

No advance preparation required.

Level of Knowledge: 

Overview.

CPE Credit: 
1.50
NASBA Field of Study: 
Accounting