Title

Reg FD Enforcement Update: the Perils of Implied Messages
Client Newsflash

Created date

10/21/2010

The SEC today announced settled Reg FD charges against Office Depot and its CEO and former CFO related to "signals" that Office Depot made in one-on-one conversations with analysts implying that it would not meet future earnings expectations. The Office Depot settlement, which is the SEC's third Reg FD action in a little over a year after an approximately four-year hiatus, is distinctive because the challenged statements appear to have been crafted—unsuccessfully, as it turned out—to walk the FD compliance line by avoiding express references to changes in the company's business.