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ARTICLE · 17 DECEMBER 2020

SEC Charges Sequential Brands With Failure To Take Goodwill Impairment Charges

The SEC has just filed a complaint against Sequential Brands Group, Inc., a brand management company, for failing to take timely and appropriate goodwill impairment charges...

United StatesCorporate/Commercial Law

The SEC has just filed a complaint against Sequential Brands Group, Inc., a brand management company, for failing to take timely and appropriate goodwill impairment charges as required by GAAP and the federal securities laws, despite "clear evidence of goodwill impairment" (according to the press release). As a result, the SEC alleges, the company "materially understated its operating expenses and net loss and materially overstated its income from operations, goodwill, and total assets" in its SEC filings, turning "a net loss into income" for financial statement purposes.

According to the complaint, Sequential acquired consumer brands through acquisitions, creating substantial goodwill on its balance sheet. As of December 31, 2016, goodwill represented $307.7 million, or 21.4%, of its total assets. During 2016 and 2017, the company's "industry sector performed poorly," and its stock price steadily plummeted. During just the fourth quarter of 2016, its stock price

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