SEC Adopts Final Rules Under the Sarbanes-Oxley Act: Non-GAAP Financial Measures and Earnings Releases
This memorandum, by members of the Firm's Corporate Governance practice group, addresses the SEC's adoption of final rules relating to "non-GAAP financial information as directed by Section 401(b) of the Sarbanes-Oxley Act of 2002 and also requiring US registrants generally to furnish to the SEC any press release or other public announcements relating to financial information for any completed fiscal period under cover of a Form 8-K.