Incremental Changes in Soon-to-Be-Released Disclosures Unlikely to Satisfy Advocates

December 2009
Citation:
39
ELR 11145
Issue
12
Author
Tom Mounteer

In the coming months, U.S. companies that sell their shares on public stock exchanges will be filing annual reports with the Securities and Exchange Commission (SEC). In part, those SEC filings aim to allow investors to see the company's prospects from management's perspective. In their filings, management describes developments it sees on the horizon that have the potential to affect their companies' operations--and profits.

Many will be intently reading the filings to see what insights they shed on managements' perception of how climate change will affect their businesses. The smart money is on marginally greater disclosure than in preceding years. This will continue a trend we have seen in each of the past few years' disclosures.

What more might we reasonably expect to read in those disclosures? And will those disclosures satisfy those that have asked the SEC to provide guidance on what those disclosures should reveal?

Tom Mounteer is a partner in the Washington, D.C., office of Paul Hastings, where he co-chairs the law firm's environmental practice. Since 1997, he has been an adjunct professor in the Masters in Environmental Law program at the George Washington University Law School. He is also author of the Climate Change Deskbook (ELI 2009). He thanks Washington office summer associate Derrick Lam (George Washington University Law School) for his assistance.
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Incremental Changes in Soon-to-Be-Released Disclosures Unlikely to Satisfy Advocates

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