Public companies often use non-GAAP financial measures to supplement GAAP numbers and communicate information they believe to be relevant, meaningful, and useful in understanding their financial performance. The SEC, however, has continually cautioned that these measures should be used appropriately. During this session hosted by Intelligize, Mayer Brown’s Laura Richman and Gonzalo Go will:

  • Revisit the nature and purpose of non-GAAP financial measures;
  • Review current regulatory framework, including Regulation G, Regulation S-K item 10(e), and C&DIs issued by the SEC’s Division of Corporation Finance;
  • Examine recent SEC guidance on key performance indicators (KPIs) and metrics used in MD&A and other company disclosures;
  • Examine recent SEC guidance on non-GAAP financial measures in public disclosures;
  • Examine recent SEC comment letters on non-GAAP financial measures and KPIs and identify SEC areas of concern;
  • Consider related SEC enforcement actions;
  • Analyze audit committee and management roles in compliance and effective disclosure controls; and
  • Offer practical suggestions for ongoing compliance with SEC rules and guidance related to non-GAAP financial measures, KPIs, and metrics.