Anonymous
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Anonymous
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If Rick Hamm thinks he can just write generic risk factors that would apply for almost any drug launch and not include very specific rick factors for a first of its kind "paradigm shift" then his Harvard Law and Wharton Business Education were a pathetic waste. His sudden and mysterious resignation shortly before the August 3, 2011 disaster leave all kinds of questions.
He could have gone to (coincidentally) the excellent blog that Harvard Law School has on corporate governance for some cliffnotes on the climate change interpretive release put out in early 2010 that contained a lot of good guidance for corporate attorneys about disclosure of risk factors. This release did not say anything that was not already law, but it was meant to give corporate lawyers a "heads up" that risk factors were going to be a major focus of regulators and law enforcement.
If he ever did, he would have seen the Harvard Law's blog interpretation of these issues and would have seen this:
"Notwithstanding its focus on disclosure of one category of risks – climate change – this release has much broader significance for companies regarding the duty to provide “early warning” to investors of all types of contingencies that, if realized, could have a material effect (whether negative or positive) on a company’s financial condition and results of operations. The primary objective of this analysis is to shed light for investors on factors that are “reasonably likely to cause reported financial information not to be necessarily indicative of future operating performance or future financial condition.”