Getting Your Message Across: Best Practice for Private and Public Companies

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With companies remaining private longer, their stockholder base often becomes more widely dispersed. More and more privately held companies are facing interesting challenges in communicating effectively with various stakeholders, without violating securities laws. Companies contemplating or undertaking an initial public offering face particularly acute issues as they try to establish effective communications approaches. Finally, public companies face Regulation FD and other regulatory requirements that may require that they map out a careful communications approach. During this session, we will address the following:

• Trends and developments in capital markets communications;
• New modes of communication and engagement (e.g., social, digital);
• Non-GAAP financial measures;
• Navigating disclosure risks and requirements, including Regulation FD;
• Assessing materiality and whether there is an obligation to disclose (and when);
• Forward-looking statements, financial guidance and communicating with investment professionals, including analysts and rating agencies;
• Competitive benchmarking and key metrics;
• Optimizing value in an exit strategy, whether it is an IPO or an M&A exit; and
• Best practices in public debt communications (as a private company).

Speakers:

• Jeff Grossman
  Co-CEO, Solebury Communications Group
• Scott Lesmes
  Partner, Morrison & Foerster LLP
• Anna Pinedo
  Partner, Morrison & Foerster LLP