Securities and Exchange Commission v. BankAtlantic Bancorp, Inc.: Some Guidance on MD&A’s “Known Trends or Uncertainties”
The Management’s Discussion and Analysis of Financial Condition and Results of Operations (“MD&A”) is required to, among other things, “[d]escribe any known trends or uncertainties that have had or that the registrant reasonably expects will have a material favorable or unfavorable impact on net sales or revenues or income from continuing operations.” In Securities and Exchange Commission v. BankAtlantic Bancorp, Inc., decided in October of 2013, the United States District Court for the Southern District of Florida helped shed some light on this requirement, which can sometimes be a source of uncertainty for publicly traded companies.