
Dan Brecher
Counsel
212-286-0747 dbrecher@sh-law.com
Counsel
212-286-0747 dbrecher@sh-law.comGuidance refers to what management expects the company to do in the future. Essentially, it is the practice of predicting business expectations in order for investors to evaluate the company’s earnings potential.

You may recall a similar practice referred to as the “whisper number.” Guidance is similar, only whisper numbers were limited to being provided to select analysts to allow them to warn their largest clients. The illegality of this practice has been codified in fair disclosure laws, so now it is law that companies must provide guidance to all investors at the same time.
Corporate guidance can play an important role in investors’ decision-making processes and it is the only legal means for providing corporate expectations to the market. Presumably, management is in the best position to predict how the company will perform, so any analyst or investor whould be able to use this information in addition to his/her own research to predict future performance with some accuracy.
The downside to relying upon corporate guidance is management teams are aware of the importance placed on their comments, so they use their guidance as a tool for influencing investors. This can result in guidance being too optimistic or too low, depending on the goals of the company. Thus, it is essential for investors to perform their own due diligence in evaluating the guidance that companies provide.
Corporate guidance should be used as a reference point from which to build your predictions. It plays an important role in the market, but it should not be the only factor relied upon in making investment decisions.
If you have any questions about corporate guidance or would like to discuss other corporate, securities and investment banking matters, please contact me or the Scarinci Hollenbeck attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]
Author: Donald M. Pepe

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences. It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]
Author: Jay McDaniel

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]
Author: Donald M. Pepe

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]
Author: Sean M. Pena

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]
Author: Sean M. Pena

When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]
Author: John D. Giampolo
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!