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Author Archives: Joseph J. Floyd

When should registrants disclose aggressive sales initiatives?

Does your company use special sales programs at quarter end to meet revenue targets? Do these programs involve discounts and other special payment terms? If so, the Securities and Exchange Commission’s recent settlement with Under Armour, an athletic apparel, footwear ...

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Stubbornness and financial reporting don’t mix

The settlement by the U.S. Securities and Exchange Commission with the former CFO and CEO of WageWorks, as described in Accounting and Auditing Enforcement Release No. 4202, illustrates the financial reporting risks created by senior management who are too stubborn ...

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Financial reporting warning signs: take action or else

The U.S. Securities and Exchange Commission’s recent settlement with Belden Inc. raises numerous lessons for legal counsel who represent public registrants, including the importance of adequately addressing internal control issues raised by acquisition due diligence procedures, assessing the pros and ...

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Complex accounting expertise or common sense?

As legal counsel to a public registrant, imagine your client asking for your advice on the following questions: Can we help fund the startup of a new distribution customer that will buy more of our products? We really want to ...

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Corporate governance roles and financial reporting stress

The Securities and Exchange Commission recently settled an action through a cease and desist order against Calumet Specialty Products Partners, related to reporting misleading financial results in a quarterly press release. Calumet is a producer of specialty hydrocarbon products, headquartered ...

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Management communications with auditors: what, how much and when?

The federal securities laws provide an added incentive for corporate officers at pubic registrants to be transparent and honest with their representations to their company’s auditors. In fact, if a corporate officer lies, or simply omits to tell an auditor ...

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Over-advocacy can mislead financial reporting judgments

Imagine that you represent a company with a fixed-fee government contract and your client realizes that it may incur a loss on the contract. The client asks you, as legal counsel, to help find ways to charge the government more ...

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