By Michael E. Clark, Robert Hauberg, and Mark Schnapp, Baker Donelson
Publicly traded companies that operate in highly regulated industries often face difficult decisions about what information (if any) to disclose to investors, as well as when and how to disclose it, according to Baker Donelson’s Michael Clark, Robert Hauberg and Mark Schnapp. They believe that Mylan NV’s recent settlement with the SEC offers a reminder about what constitutes best practice, and other important considerations for listed companies facing a disclosure decision. In this article, they examine the implications of the Mylan settlement and offer practical suggestions for how public companies, including those under investigation, can manage their disclosure risks.
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