In-house counsel should also take a look at their risk factor disclosures, says Littenberg. Many firms just saw the end of their fiscal year on September 30 and will be filing 10-Qs with the SEC soon. If you drafted yours a week ago, the disclosure might need tweaks to reflect the additional uncertainty over the rule challenge. “It’s revisiting that disclosure with a fresh eye,” Littenberg says.
See also: “SEC Rule Mandates Sourcing of ‘Conflict Minerals’ at U.S. Companies,” CorpCounsel, August 2012.