SEC Staff Doesn't Like "Likes"
By Cydney Posner
This article from the WSJ, "SEC Wants ‘Likes' Linked to Bottom Line," discusses Mary Jo White's recent comments at a PLI conference that the SEC is concerned about the use of metrics such as "likes," "users," or "views" to demonstrate growth potential: "'Our staff's concern has been the impact on investors of the sheer magnitude of some of these metrics.'" The issue is that growth in the number of users may not spell growth in revenues and profits at the same levels. The staff has been focused on these types of metrics in reviewing recent disclosures and, in some cases, "has asked companies to remove details or go back and add more balanced information." According to White, the staff "often questions what percentage of users are paying customers, and whether the company has found a way to turn users into paying customers….'It can be hard not to think that these big numbers will inevitably translate into big profits for the company….But the connection may not necessarily be there.'"
This content is provided for general informational purposes only, and your access or use of the content does not create an attorney-client relationship between you or your organization and Cooley LLP, Cooley (UK) LLP, or any other affiliated practice or entity (collectively referred to as “Cooley”). By accessing this content, you agree that the information provided does not constitute legal or other professional advice. This content is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction and you should not act or refrain from acting based on this content. This content may be changed without notice. It is not guaranteed to be complete, correct or up to date, and it may not reflect the most current legal developments. Prior results do not guarantee a similar outcome. Do not send any confidential information to Cooley, as we do not have any duty to keep any information you provide to us confidential. This content may be considered Attorney Advertising and is subject to our legal notices.