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ARTICLE · 16 OCTOBER 2008

SEC Issues Guidance On Company Website Disclosure

Haynes & Boone LLP
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On August 1, 2008, the Securities and Exchange Commission (the "SEC") issued an interpretive release ("Website Release") about disclosing on your company website information that is subject to the federal securities laws.

United StatesFinance and Banking
James Brashear
James Brashear

On August 1, 2008, the Securities and Exchange Commission (the "SEC") issued an interpretive release ("Website Release")1 about disclosing on your company website information that is subject to the federal securities laws.2 This is the first guidance the SEC has given regarding this subject since it issued Regulation FD (Fair Disclosure) in 20003. This guidance was effective on August 7, 2008. The Website Release provides guidance in the following areas.

  • Whether information posted solely on your company website might be "publicly available" for purposes of Regulation FD;
  • Whether you have an ongoing duty to update information posted on your company website;

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