The Securities Law Disclosure Rules of the Road Regarding Executive Illness

Securities Regulation Law Journal, Forthcoming

Northwestern Law & Econ Research Paper No. 18-01

20 Pages Posted: 11 Jan 2018

Date Written: January 10, 2018

Abstract

Since at least the mid-1990s the question of disclosure about the health of executives of public companies has been the subject of scholarly commentary and the popular business press. Notwithstanding some proposals for SEC rulemaking in this area, nothing has been proposed by the SEC, and none seems to be likely. Thus, disclosure practices as well as liability, whether in the context of an SEC enforcement action or a private claim for damages, are subject principally to the principles applying Rule 10b-5.

This Article summarizes those basic principles, discusses how they may apply to issues of material facts regarding executive health, and concludes by proposing some best practices in the absence of specific guidance from the SEC.

Keywords: 10b-5, disclosure, executive illness

JEL Classification: K10, K30

Suggested Citation

Horwich, Allan, The Securities Law Disclosure Rules of the Road Regarding Executive Illness (January 10, 2018). Securities Regulation Law Journal, Forthcoming; Northwestern Law & Econ Research Paper No. 18-01. Available at SSRN: https://ssrn.com/abstract=3099734 or http://dx.doi.org/10.2139/ssrn.3099734

Allan Horwich (Contact Author)

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

Schiff Hardin LLP ( email )

6600 Sears Tower
Chicago, IL 60606-6473
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
108
Abstract Views
700
rank
251,512
PlumX Metrics