Social Media And Your Public Co. — Don't Forget Rule 10b-5

Law360, New York (October 29, 2013, 2:28 PM EDT) -- There has been a renewed focus on social media guidelines and policies for public companies this past year. If you've been paying attention, you know that much of the attention stems from a single post by Reed Hastings, the CEO of Netflix Inc., who disclosed the company's monthly viewership results on his Facebook page. The U.S. Securities and Exchange Commission subsequently expressed concerns about a possible violation of Regulation FD, which prohibits companies from disclosing material nonpublic information on a selective basis to certain individuals (generally holders of the issuer's securities that might reasonably be expected to trade based on the information and securities market professionals)....

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