In December 2003, and again in July 2004, we circulated notices to our clients about the publication of SEC comment letters and responses by the SEC. These can be found atJuly 2004 Memo and December 2003 Memo.
On May 9, 2005, the SEC announced that it will begin the releases beginning on May 12, 2005. The full text of the SEC release can be found at SEC Release.
As stated in our previous notices, although we fully support the concept of full disclosure by publicly traded issuers, we caution issuers to have their legal counsel carefully review responses to SEC comment letters in anticipation of their immediate publication on the Internet. There is a process whereby issuers may request confidential treatment for portions of a written response to an SEC comment letter, the same process as requests for confidential treatment for SEC filings.
The contents hereof are summary in nature and are not intended to be and should not be construed as legal advice. Please contact our offices for more information or if you have any questions.
Brian A. Lebrecht is an attorney with and the founder of The Lebrecht Group, APLC, located in Rancho Santa Margarita, California and Salt Lake City, Utah. He can be reached at (949) 635-1240 or blebrecht@thelebrechtgroup.com with questions or comments.
Please visit our website at www.thelebrechtgroup.com for further information.
