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Qatar and SEC Comment Letters on State Sponsors of Terrorism

Recently several Gulf nations, including Saudi Arabia, have severed connections with Qatar; they claim the country is destabilizing the region with its support for extremist groups. Though the United States has interests in the country of Qatar, President Trump has expressed his support for the boycotting of Qatar by the Gulf Nations, claiming “…perhaps this will be the beginning of the end to the horror of terrorism!”

If President Trump followed Saudi Arabia’s lead and pushed to label Qatar as a state sponsor of terrorism, what would this mean for public companies? What industries would most be affected?

Currently, the Department of State has labeled three different countries as state sponsors of terrorism: Sudan, Syria, and Iran. These countries are subject to U.S. economic sanctions and export controls.

The Securities and Exchange Commission ensures that public companies are depicting the nature and extent of any past, current, and anticipated contacts with these countries, whether through subsidiaries, affiliates, distributor, partners, joint venture partners or other direct or indirect arrangements in their SEC filings.

MyLogIQ studied trends in SEC Comment Letters relating states labeled as sponsors of terrorism and found the following data:

The top 10 industries who received SEC Comment Letters relating to countries designated as sponsors of terrorism and the number of companies for each industry are:

MyLogIQ also studied SEC filings for mentions of Qatar. The top 10 industries who have disclosed relationships or possible associations with Qatar are shown below.

SEC Comment Letter Disclosures:

Company: Delta Airlines Inc/DE/

SEC Comment Letter Disclosure: Please discuss the materiality of any contacts with Sudan and Syria you describe in response to the comment above, and whether the contacts constitute a material investment risk for your security holders.

Company Response: Deltas total revenues for 2014, 2015, 2016 and the first three months of 2017 were $40.4 billion, $40.7 billion, $39.6 billion, and $9.1 billion, respectively. As discussed in the response to comment 1 above, Delta did not operate flights to or from either Sudan or Syria during the referenced period nor did its subsidiaries or the companies in which Delta holds a minority investment operate in either of the two countries. The interline sales commission revenue Delta received from flights operated to or from Sudan (on carriers other than Sudanese carriers) did not exceed $3,000 per annum in any of the referenced period and did not exceed $2,000 per annum in two of the years in the referenced period. Delta had no revenue related to Syria in any of the years in the referenced period.

 

Company: Comcast Corp

SEC Comment Letter Disclosure: A press release on the NBCUniversal.com website dated January 13, 2016 states that NBCUniversal International signed a long-term deal with OSN, a pay-TV network in the Middle East and North Africa, granting OSN exclusive rights to NBCUniversal International content including the Syfy channel. The OSN.com website provides TV scheduling for its services in Sudan and Syria that include the Syfy channel and programming produced by Universal Pictures, an entity you identify on page 1 of the 10- K as included in your filmed entertainment business segment. Sudan and Syria are designated by the Department of State as state sponsors of terrorism, and are subject to U.S. economic sanctions and export controls. Please describe to us the nature and extent of any past, current, and anticipated contacts with Sudan and Syria, whether through subsidiaries, affiliates, distributors, partners, joint venture partners or other direct or indirect arrangements.

Company Response: NBCUniversal has not had any agreements and/or commercial arrangements with the governments of either Syria or Sudan during the last three fiscal years or the three months ended March 31, 2017 (the Relevant Time). NBCUniversal has had minimal contacts with Sudan and Syria during the Relevant Time as described below. We note that, although Sudan has not yet been removed from the list of state sponsors of terrorism, pursuant to a general license issued on January 17, 2017 by the U.S. Department of the Treasurys Office of Foreign Assets Control (OFAC), U.S. persons are currently generally permitted to transact with individuals and entities in Sudan. Further, Executive Order 13761, dated January 13, 2017, provides for the revocation of the sanctions provisions in prior Sudan-related Executive Orders on July 12, 2017, if the Government of Sudan sustains certain positive actions. We do not have business offices or ongoing operations located in Sudan or Syria. While our general approach is to exclude Sudan and Syria, as well as other countries subject to U.S. economic sanctions, from NBCUniversals distribution, programming, and licensing contracts, occasionally Sudan and/or Syria have been included within a larger territory covered in certain contractual arrangements in a manner consistent with OFAC regulations based on the application of guidance related to the general inventory rule and/or the informational materials exemption.

Company: Exar Corp

SEC Comment Letter Disclosure: We are aware of publicly available information indicating that you have significant business with ZTE Corporation, which is reported to have sold products into Sudan and Syria. Sudan and Syria are designated as state sponsors of terrorism by the State Department and are subject to U.S. economic sanctions and export controls. You do not include disclosure in the Form 10-K about contacts with Sudan and Syria. Please describe to us the nature and extent of any past, current and anticipated contacts with Sudan and Syria, whether through subsidiaries, original equipment manufacturers, distributors, customers or other direct or indirect arrangements.

Company Response: The Company has not entered into any agreements, arrangements or other contacts with Sudan or Syria and has no future plans to enter into any such agreements, arrangements or other contacts. Moreover, the Company does not maintain any offices or other facilities in Sudan or Syria, has no employees in either of those countries, and has no assets or liabilities associated with activities in either of those countries. The Company derives its revenue from the sale of semiconductors to distributors who then sell parts to their customers to integrate or incorporate into other products. The Companys distributors work with their customers to fulfill any orders that involve Company products. The Company receives a weekly resale report from its distributors so it can monitor its sell-through to its end customer. With respect to ZTE, which the Company considers its end customer, the Company does not directly sell any products to ZTE; all prior sales to ZTE have gone through the Companys distributors and consisted of sales of the Companys standard commodity products. In addition, the Company believes its standard terms and conditions of sale obligate its distributors and its end customers to strictly comply with United States export control laws and regulations.

 

 

For more information on our study or on how to use the Company IQ™ software to analyze your peer companies, please contact us at info@mylogiq.com or call 888-564-4910 and speak with one of our specialists. If you are quoting this study, attribution to MyLogIQ, LLC by providing a link to www.mylogiq.com and mention our service Company IQ™ “The new standard in public company research and competitive intelligence” is required.

WSJ Report with MyLogIQ Data: “Though Outnumbered, Female CEOs Earn More Than Male Chiefs”

A study published by Joann S. Lublin, from The Wall Street Journal, with data provided by MyLogIQ, reports that “female chiefs are outearning their male counterparts at S&P 500 companies, but women still make up only 5% of CEOs running those firms.”

To view the full The Wall Street Journal article, click here.

 

Trump and Administration: Risk Factor for Hundreds of Companies

MyLogIQ study reveals that, in the last 90 days, 538 public companies have disclosed Donald Trump and his administration as a risk factor in their SEC filings. A large increase since weeks after the election, when only two companies were disclosing, then president-elect, Trump as a risk factor.

Many of these companies are in the Manufacturing and Finance, Insurance & Real Estate sectors, as shown in the chart below.

While all industries were included in our study, we have disclosed the top 7 and the number of companies, for said industries, who disclosed Trump as a risk factor below.

MyLogIQ searched through hundreds of SEC filings and though distinct industries are impacted differently by the Trump administration, a consistent factor for all industries was uncertainty.

Examples of those disclosures are shown below.

CTI BIOPHARMA CORP (CTIC) – Pharmaceutical Preparations

“Additionally, uncertainty and speculation regarding the possible repeal of all or a portion of the Patient Protection and Affordable Care Act has emerged after the recent election of the President of the United States. Members of the Trump administration, including the President, have made statements suggesting the administration plans to seek repeal of all or portions of the Affordable Care Act, and have stated that they will ask Congress to replace the current legislation with new legislation. The uncertainty this causes for the healthcare industry could also adversely affect the commercialization of our products.”

YUMA ENERGY, INC. (YUMA) – Crude Petroleum & Natural Gas

“The direction of future U.S. climate change regulation is difficult to predict given the current uncertainties surrounding the policies of the Trump Administration.”

EQUINIX INC (EQIX) – Real Estate Investment Trusts

“Implementation of the Clean Power Plan was stayed by the Supreme Court pending resolution of the underlying legal challenges, and the future of the Clean Power Plan under President Trump’s administration is uncertain in any event.”

METLIFE INC (MET) – Life Insurance

“In addition, the impact on global capital markets, the economy and MetLife of the transition occurring in the United States government and the priorities of the Trump Administration is uncertain.”

QUALITY SYSTEMS, INC (QSII) – Services-Computer Integrated Systems Design

“The results of the 2016 Congressional and Presidential elections have created new uncertainties. President Donald Trump and leaders of the 115th Congress have stated their intention to make significant changes to existing healthcare laws and regulations, but the future outlook for the various healthcare reform proposals under discussion remains uncertain.”

LAKELAND BANCORP INC (LBAI) – State Commercial Banks

“President Donald Trump has stated that he intends to relax financial regulations, including various provisions of the Dodd-Frank Act and the rules implementing those provisions. The nature and extent of future legislative and regulatory changes affecting financial institutions remains very unpredictable at this time.”

For detailed disclosure report and the full list of all companies, please email info@mylogiq.com.

For more information on our study or on how to use the Company IQ™ software to analyze your peer companies, please contact us at info@mylogiq.com or call 888-564-4910 and speak with one of our specialists. If you are quoting this study, attribution to MyLogIQ, LLC by providing a link to www.mylogiq.com and mention our service Company IQ™ “The new standard in public company research and competitive intelligence” is required.

Revenue Recognition Impact Classifications Study on S&P 500

MyLogIQ study reveals, ASU 2014-09 Revenue Recognition standard is still being evaluated in 63% of the S&P 500 companies, while nearly 7% disclosed they will have an impact, nearly 29% disclosed they will have no impact, and less than 1% have not mentioned the ASU. The 10-K and 10-Q filings for the last 180 days as of May 17, 2017 were analyzed in this study.

MyLogIQ researched the impact classifications of Financial Accounting Standard Board (FASB) issued Accounting Standards Update (ASU) 2014-09, Revenue from Contracts with Customers (Topic 606) on the S&P 500 companies.
Summary:
Analyzing the S&P 500 companies, we classified them as follows:

Companies which disclosed revenue recognition to have No Impact: 147
Companies which disclosed revenue recognition evaluation in process: 314
Companies who have disclosed an Impact: 35

Companies which disclosed revenue recognition to have a Material Impact: 2
Companies which disclosed revenue recognition to have a Timing Impact: 23
Companies which disclosed revenue recognition to have a both Timing and Material Impact: 7
Companies which have an Impact but it is ambiguous: 3

Companies with no specific disclosure of ASU 2014-09: 4

For a detailed disclosure report with the disclosure language on companies who have stated an impact, please email info@mylogiq.com.


Companies who have as of May 17th will have a material impact on their revenue recognition (ASU 2014-09) are shown below, along with ASU adoption date.

The two (2) companies with material impact are:

Companies who have as of May 17th stated clearly that the policy ASU 2014-09, will have a timing impact on their revenue recognition are shown below, along with ASU adoption date.
The twenty-three (23) companies are:

Companies who have as of May 17th stated clearly that the policy ASU 2014-09, as currently written, will have a material and timing impact on their revenue recognition are shown below, along with ASU adoption date.
The seven (7) companies are:

Companies who have as of May 17th stated that the policy ASU 2014-09, as currently written, will have some impact on their revenue recognition, but have been ambiguous, are shown below, along with ASU adoption date.
The three (3) companies are:

All companies who have stated an impact are shown below, along with disclosure language directly from their SEC filings.

Companies who have as of May 17th stated clearly that the policy ASU 2014-09, as currently written, will have an immaterial impact on their revenue recognition are shown below. These companies may continue to evaluate any possible impacts.
The one hundred and forty-seven (147) companies are:

ABBOTT LABORATORIES
ACCENTURE PLC
ACTIVISION BLIZZARD, INC.
ADVANCE AUTO PARTS INC
AETNA INC /PA/
AFLAC INC
ALEXION PHARMACEUTICALS INC
ALLEGION PLC
ALPHABET INC.
ALTRIA GROUP, INC.
AMERICAN ELECTRIC POWER CO INC
AMERIPRISE FINANCIAL INC
AMGEN INC
ANADARKO PETROLEUM CORP
APACHE CORP
APPLE INC
AUTODESK INC
BALL CORP
BANK OF AMERICA CORP /DE/
BAXTER INTERNATIONAL INC
BED BATH & BEYOND INC
C H ROBINSON WORLDWIDE INC
CAPITAL ONE FINANCIAL CORP
CARMAX INC
CBOE HOLDINGS, INC.
CELGENE CORP /DE/
CENTENE CORP
CHIPOTLE MEXICAN GRILL INC
CHUBB LTD
CHURCH & DWIGHT CO INC /DE/
CIGNA CORP
CIMAREX ENERGY CO
CINCINNATI FINANCIAL CORP
CITIGROUP INC
CITIZENS FINANCIAL GROUP INC/RI
COLGATE PALMOLIVE CO
COMERICA INC /NEW/
CONCHO RESOURCES INC
CONOCOPHILLIPS
CONSTELLATION BRANDS, INC.
CROWN CASTLE INTERNATIONAL CORP
CSX CORP
DEVON ENERGY CORP/DE
DIGITAL REALTY TRUST, INC.
DISCOVER FINANCIAL SERVICES
DOLLAR TREE INC
E TRADE FINANCIAL CORP
EASTMAN CHEMICAL CO
EDISON INTERNATIONAL
EMERSON ELECTRIC CO
EQT CORP
ESSEX PROPERTY TRUST INC
EXELON CORP
EXPEDITORS INTERNATIONAL OF WASHINGTON INC
EXTRA SPACE STORAGE INC.
FASTENAL CO
FEDEX CORP
FIFTH THIRD BANCORP
FISERV INC
FORD MOTOR CO
FREEPORT-MCMORAN INC
GARTNER INC
GENERAL MILLS INC
GILEAD SCIENCES INC
GOLDMAN SACHS GROUP INC
HALLIBURTON CO
HARTFORD FINANCIAL SERVICES GROUP INC/DE
HASBRO INC
HERSHEY CO
HONEYWELL INTERNATIONAL INC
HOST HOTELS & RESORTS, INC.
HUNT J B TRANSPORT SERVICES INC
ILLINOIS TOOL WORKS INC
INGERSOLL-RAND PLC
J M SMUCKER CO
JPMORGAN CHASE & CO
KANSAS CITY SOUTHERN
KELLOGG CO
KIMBERLY CLARK CORP
KIMCO REALTY CORP
LOEWS CORP
LYONDELLBASELL INDUSTRIES N.V.
MACERICH CO
MARTIN MARIETTA MATERIALS INC
MASCO CORP /DE/
METLIFE INC
MONDELEZ INTERNATIONAL, INC.
MURPHY OIL CORP /DE
NAVIENT CORP
NETFLIX INC
NEWMONT MINING CORP /DE/
NOBLE ENERGY INC
NORTHERN TRUST CORP
NORTHROP GRUMMAN CORP /DE/
NUCOR CORP
ORACLE CORP
PACCAR INC
PAYCHEX INC
PAYPAL HOLDINGS, INC.
PEOPLE’S UNITED FINANCIAL, INC.
PEPSICO INC
PFIZER INC
PHILIP MORRIS INTERNATIONAL INC.
PIONEER NATURAL RESOURCES CO
PNC FINANCIAL SERVICES GROUP, INC.
PPL CORP
PRICE T ROWE GROUP INC
PROCTER & GAMBLE CO
PRUDENTIAL FINANCIAL INC
PUBLIC STORAGE
QUALCOMM INC/DE
QUEST DIAGNOSTICS INC
RAYTHEON CO/
REALTY INCOME CORP
REGENERON PHARMACEUTICALS INC
REGIONS FINANCIAL CORP
REYNOLDS AMERICAN INC
ROSS STORES INC
SCHLUMBERGER LIMITED/NV
SEMPRA ENERGY
SIMON PROPERTY GROUP INC /DE/
SNAP-ON INC
STATE STREET CORP
TARGET CORP
TE CONNECTIVITY LTD.
TESORO CORP /NEW/
TEXAS INSTRUMENTS INC
THERMO FISHER SCIENTIFIC INC.
TIME WARNER INC.
TRACTOR SUPPLY CO /DE/
TRAVELERS COMPANIES, INC.
TYSON FOODS INC
UDR, INC.
UNION PACIFIC CORP
UNITEDHEALTH GROUP INC
UNUM GROUP
US BANCORP /DE/
V F CORP
VALERO ENERGY CORP/TX
VERISIGN INC/CA
WAL MART STORES INC
WASTE MANAGEMENT INC
WESTERN UNION CO
WEYERHAEUSER CO
XEROX CORP
YUM BRANDS INC
ZOETIS INC.

The following companies have stated in their SEC filings that they are evaluating the impact of applying ASU 2014-09, if any, to their revenue recognition. These companies might have stated that the impact will be material or not for part of their business, but have not stated end results of their evaluations.
The three hundred and fourteen (314) companies are:

ABBVIE INC.
ACUITY BRANDS INC
AES CORP
AFFILIATED MANAGERS GROUP, INC.
AGILENT TECHNOLOGIES INC
AIR PRODUCTS & CHEMICALS INC /DE/
ALASKA AIR GROUP, INC.
ALBEMARLE CORP
ALEXANDRIA REAL ESTATE EQUITIES INC
ALLERGAN PLC
ALLIANCE DATA SYSTEMS CORP
ALLIANT ENERGY CORP
ALLSTATE CORP
AMAZON COM INC
AMEREN CORP
AMERICAN AIRLINES GROUP INC.
AMERICAN EXPRESS CO
AMERICAN INTERNATIONAL GROUP INC
AMERICAN TOWER CORP /MA/
AMERICAN WATER WORKS COMPANY, INC.
AMERISOURCEBERGEN CORP
AMETEK INC/
AMPHENOL CORP /DE/
AMSURG CORP
ANTHEM, INC.
AON PLC
APARTMENT INVESTMENT & MANAGEMENT CO
APPLIED MATERIALS INC /DE
ARCHER DANIELS MIDLAND CO
ARCONIC INC.
ASSURANT INC
AT&T INC.
AUTOMATIC DATA PROCESSING INC
AUTONATION, INC.
AUTOZONE INC
AVALONBAY COMMUNITIES INC
AVERY DENNISON CORP
BAKER HUGHES INC
BANK OF NEW YORK MELLON CORP
BB&T CORP
BECTON DICKINSON & CO
BERKSHIRE HATHAWAY INC
BIOGEN INC.
BLACKROCK INC.
BORGWARNER INC
BOSTON PROPERTIES INC
BOSTON SCIENTIFIC CORP
BROADCOM LTD
BROWN FORMAN CORP
CABOT OIL & GAS CORP
CAMPBELL SOUP CO
CARDINAL HEALTH INC
CARNIVAL CORP
CATERPILLAR INC
CBRE GROUP, INC.
CBS CORP
CENTERPOINT ENERGY INC
CENTURYLINK, INC
CERNER CORP /MO/
CF INDUSTRIES HOLDINGS, INC.
CHARTER COMMUNICATIONS, INC. /MO/
CHESAPEAKE ENERGY CORP
CHEVRON CORP
CINTAS CORP
CISCO SYSTEMS, INC.
CITRIX SYSTEMS INC
CLOROX CO /DE/
CME GROUP INC.
CMS ENERGY CORP
COACH INC
COGNIZANT TECHNOLOGY SOLUTIONS CORP
CONAGRA BRANDS INC.
CONSOLIDATED EDISON INC
COOPER COMPANIES INC
CORNING INC /NY
COSTCO WHOLESALE CORP /NEW
COTY INC.
CSRA INC.
CUMMINS INC
CVS HEALTH CORP
DANAHER CORP /DE/
DARDEN RESTAURANTS INC
DAVITA INC.
DEERE & CO
DELPHI AUTOMOTIVE PLC
DELTA AIR LINES INC /DE/
DISCOVERY COMMUNICATIONS, INC.
DISH NETWORK CORP
DOMINION RESOURCES INC /VA/
DOVER CORP
DOW CHEMICAL CO /DE/
DTE ENERGY CO
DUKE ENERGY CORP
DUPONT E I DE NEMOURS & CO
EATON CORP PLC
EBAY INC
ECOLAB INC
EDWARDS LIFESCIENCES CORP
ELECTRONIC ARTS INC.
EOG RESOURCES INC
EQUIFAX INC
EQUINIX INC
EQUITY RESIDENTIAL
ESTEE LAUDER COMPANIES INC
EVERSOURCE ENERGY
EXPEDIA, INC.
EXPRESS SCRIPTS HOLDING CO.
EXXON MOBIL CORP
F5 NETWORKS INC
FACEBOOK INC
FEDERAL REALTY INVESTMENT TRUST
FIDELITY NATIONAL INFORMATION SERVICES, INC.
FIRSTENERGY CORP
FLIR SYSTEMS INC
FLOWSERVE CORP
FLUOR CORP
FMC CORP
FMC TECHNOLOGIES INC
FOOT LOCKER INC
FORTIVE CORP
FORTUNE BRANDS HOME & SECURITY, INC.
FRANKLIN RESOURCES INC
GALLAGHER ARTHUR J & CO
GAP INC
GARMIN LTD
GENERAL ELECTRIC CO
GENUINE PARTS CO
GGP INC.
GOODYEAR TIRE & RUBBER CO /OH/
GRAINGER W W INC
H&R BLOCK INC
HALF ROBERT INTERNATIONAL INC /DE/
HANESBRANDS INC.
HARLEY DAVIDSON INC
HARRIS CORP /DE/
HCA HEALTHCARE, INC.
HCP, INC.
HELMERICH & PAYNE INC
HENRY SCHEIN INC
HESS CORP
HEWLETT PACKARD ENTERPRISE CO
HOLOGIC INC
HOME DEPOT INC
HORMEL FOODS CORP /DE/
HORTON D R INC /DE/
HP INC
HUMANA INC
HUNTINGTON BANCSHARES INC/MD
IDEXX LABORATORIES INC /DE
ILLUMINA INC
INTEL CORP
INTERCONTINENTAL EXCHANGE, INC.
INTERNATIONAL FLAVORS & FRAGRANCES INC
INTERNATIONAL PAPER CO /NEW/
INTERPUBLIC GROUP OF COMPANIES, INC.
INTUIT INC
INTUITIVE SURGICAL INC
INVESCO LTD.
JACOBS ENGINEERING GROUP INC /DE/
JOHNSON & JOHNSON
JOHNSON CONTROLS INTERNATIONAL PLC
KEYCORP /NEW/
KINDER MORGAN, INC.
KLA TENCOR CORP
KOHLS CORP
KRAFT HEINZ CO
KROGER CO
L 3 COMMUNICATIONS HOLDINGS INC
L BRANDS, INC.
LABORATORY CORP OF AMERICA HOLDINGS
LAM RESEARCH CORP
LEGGETT & PLATT INC
LENNAR CORP /NEW/
LEUCADIA NATIONAL CORP
LEVEL 3 COMMUNICATIONS INC
LILLY ELI & CO
LINCOLN NATIONAL CORP
LKQ CORP
LOCKHEED MARTIN CORP
LOWES COMPANIES INC
M&T BANK CORP
MALLINCKRODT PLC
MARATHON OIL CORP
MARATHON PETROLEUM CORP
MARRIOTT INTERNATIONAL INC /MD/
MARSH & MCLENNAN COMPANIES, INC.
MASTERCARD INC
MATTEL INC /DE/
MCCORMICK & CO INC
MCDONALDS CORP
MCKESSON CORP
MEAD JOHNSON NUTRITION CO
MEDTRONIC PLC
MERCK & CO. INC.
MICHAEL KORS HOLDINGS LTD
MICROCHIP TECHNOLOGY INC
MICRON TECHNOLOGY INC
MID AMERICA APARTMENT COMMUNITIES INC
MOHAWK INDUSTRIES INC
MOLSON COORS BREWING CO
MONSTER BEVERAGE CORP
MOODYS CORP /DE/
MORGAN STANLEY
MOSAIC CO
MOTOROLA SOLUTIONS, INC.
MYLAN N.V.
NATIONAL OILWELL VARCO INC
NETAPP, INC.
NEWELL BRANDS INC
NEWFIELD EXPLORATION CO /DE/
NEWS CORP
NEXTERA ENERGY INC
NIELSEN HOLDINGS PLC
NIKE INC
NISOURCE INC/DE
NORDSTROM INC
NORFOLK SOUTHERN CORP
NRG ENERGY, INC.
NVIDIA CORP
O REILLY AUTOMOTIVE INC
OCCIDENTAL PETROLEUM CORP /DE/
OMNICOM GROUP INC.
ONEOK INC /NEW/
PARKER HANNIFIN CORP
PATTERSON COMPANIES, INC.
PENTAIR PLC
PERKINELMER INC
PERRIGO CO PLC
PG&E CORP
PHILLIPS 66
PINNACLE WEST CAPITAL CORP
PPG INDUSTRIES INC
PRAXAIR INC
PRINCIPAL FINANCIAL GROUP INC
PROGRESSIVE CORP/OH/
PROLOGIS, INC.
PUBLIC SERVICE ENTERPRISE GROUP INC
PULTEGROUP INC/MI/
PVH CORP. /DE/
QORVO, INC.
QUANTA SERVICES INC
RALPH LAUREN CORP
RANGE RESOURCES CORP
RAYMOND JAMES FINANCIAL INC
RED HAT INC
REGENCY CENTERS CORP
REPUBLIC SERVICES, INC.
ROCKWELL AUTOMATION INC
ROCKWELL COLLINS INC
ROPER TECHNOLOGIES INC
ROYAL CARIBBEAN CRUISES LTD
RYDER SYSTEM INC
S&P GLOBAL INC.
SALESFORCE COM INC
SCANA CORP
SCHWAB CHARLES CORP
SCRIPPS NETWORKS INTERACTIVE, INC.
SEAGATE TECHNOLOGY PLC
SEALED AIR CORP/DE
SHERWIN WILLIAMS CO
SIGNET JEWELERS LTD
SKYWORKS SOLUTIONS, INC.
SL GREEN REALTY CORP
SOUTHERN CO
SOUTHWESTERN ENERGY CO
STAPLES INC
STARBUCKS CORP
STERICYCLE INC
SUNTRUST BANKS INC
SYMANTEC CORP
SYNCHRONY FINANCIAL
SYNOPSYS INC
SYSCO CORP
TEGNA INC
TERADATA CORP /DE/
TEXTRON INC
TIFFANY & CO
TJX COMPANIES INC /DE/
TRANSDIGM GROUP INC
TRANSOCEAN LTD.
TRIPADVISOR, INC.
ULTA BEAUTY, INC.
UNDER ARMOUR, INC.
UNITED CONTINENTAL HOLDINGS, INC.
UNITED PARCEL SERVICE INC
UNITED RENTALS INC /DE
UNIVERSAL HEALTH SERVICES INC
VARIAN MEDICAL SYSTEMS INC
VENTAS INC
VERISK ANALYTICS, INC.
VERIZON COMMUNICATIONS INC
VERTEX PHARMACEUTICALS INC / MA
VIACOM INC.
VISA INC.
VORNADO REALTY TRUST
VULCAN MATERIALS CO
WALGREENS BOOTS ALLIANCE, INC.
WALT DISNEY CO/
WATERS CORP /DE/
WEC ENERGY GROUP, INC.
WELLS FARGO & COMPANY/MN
WELLTOWER INC.
WESTROCK CO
WHIRLPOOL CORP /DE/
WHOLE FOODS MARKET INC
WILLIAMS COMPANIES INC
WILLIS TOWERS WATSON PLC
WYNN RESORTS LTD
XCEL ENERGY INC
XILINX INC
XYLEM INC.
YAHOO INC
ZIMMER BIOMET HOLDINGS, INC.
ZIONS BANCORPORATION /UT/

The following companies have not addressed ASU 2014-09 in the last 180 days. These companies did not mention “ASU 2014-09,” “Accounting Guidance Update,” “Accounting Pronouncements,” or any other disclosure addressing the ASU in their filings.

ENTERGY CORP /DE/
TORCHMARK CORP
TWENTY-FIRST CENTURY FOX, INC.
XL GROUP LTD

For more information on our study or on how to use the Company IQ™ software to analyze your peer companies, please contact us at info@mylogiq.com or call 888-564-4910 and speak with one of our specialists. If you are quoting this study, attribution to MyLogIQ, LLC by providing a link to www.mylogiq.com and mention our service Company IQ™ “The new standard in public company research and competitive intelligence” is required.

Disclosures from two giants (Intel and Caterpillar) in this week’s 10-K regarding revenue recognition

Disclosures from two giants (Intel and Caterpillar) in this week’s 10-K regarding revenue recognition

INTEL CORP: 10-K Filed February 17, 2017:
ACCOUNTING POLICIES
We recognize net product revenue when the earnings process is complete, as evidenced by an agreement, delivery has occurred, pricing is deemed fixed, and collection is considered probable. We record pricing allowances, including discounts based on contractual arrangements with customers, when we recognize revenue as a reduction to both accounts receivable and net revenue. Because of frequent sales price reductions and rapid technology obsolescence in our industry, we defer product revenue and related costs of sales from component sales made to distributors under agreements allowing price protection or right of return until the distributors sell the merchandise. The right of return granted generally consists of a stock rotation program in which distributors are able to exchange certain products based on the number of qualified purchases made by the distributor. Under the price protection program, we give distributors credits for the difference between the original price paid and the current price that we offer. We include shipping charges billed to customers in net revenue, and include the related shipping costs in cost of sales.

Revenue Recognition – Contracts with Customers. This standard was issued to achieve a consistent application of revenue recognition within the U.S., resulting in a single revenue model to be applied by reporting companies under U.S. GAAP. Under the new model, recognition of revenue occurs when a customer obtains control of promised goods or services in an amount that reflects the consideration to which the entity expects to be entitled in exchange for those goods or services. In addition, the new standard requires that reporting companies disclose the nature, amount, timing, and uncertainty of revenue and cash flows arising from contracts with customers.   Effective in the first quarter of 2018. We plan to adopt the standard retrospectively with the cumulative effect of initially applying it recognized at the date of initial application (“modified retrospective” approach).   Our assessment has identified a change in revenue recognition timing on our component sales made to distributors. We expect to recognize revenue when we deliver to the distributor rather than deferring recognition until the distributor sells the components.
On the date of initial application, we will remove the deferred net revenue on component sales made to distributors through a cumulative adjustment to retained earnings. We expect the revenue deferral, historically recognized in the following period, to be offset by the acceleration of revenue recognition as control of the product transfers to our customer.
Our assessment has also identified a change in expense recognition timing related to payments we make to our customers for distinct services they perform as part of cooperative advertising programs. We expect to recognize the expense for cooperative advertising in the period the marketing activities occur. We currently recognize the expense in the period the customer is entitled to participate in the program, which coincides with the period of sale.
On the date of initial adoption, we will capitalize the expense of cooperative advertising not performed through a cumulative adjustment to retained earnings. We expect the recognition of capitalized advertising to offset the deceleration in expense recognition until the marketing services are performed.
We will continue our assessment, operate parallel systems and processes, as well as finalize our evaluation of any changes to our accounting policies and disclosures. This excludes our planned divestiture of Intel Security Group (ISecG).

Caterpillar Inc. 10-K Filed February 15, 2017:

Sales of Machinery, Energy & Transportation are recognized and earned when all the following criteria are satisfied: (a) persuasive evidence of a sales arrangement exists; (b) price is fixed and determinable; (c) collectibility is reasonably assured; and (d) delivery has occurred. Persuasive evidence of an arrangement and a fixed or determinable price exist once we receive an order or contract from a customer or independently owned and operated dealer. We assess collectibility at the time of the sale and if collectibility is not reasonably assured, the sale is deferred and not recognized until collectibility is probable or payment is received. Typically, where product is produced and sold in the same country, title and risk of ownership transfer when the product is shipped. Products that are exported from a country for sale typically pass title and risk of ownership at the border of the destination country.

Revenue recognition – In May 2014, the Financial Accounting Standards Board (FASB) issued new revenue recognition guidance to provide a single, comprehensive revenue recognition model for all contracts with customers. Under the new guidance, an entity will recognize revenue to depict the transfer of promised goods or services to customers at an amount that the entity expects to be entitled to in exchange for those goods or services. A five step model has been introduced for an entity to apply when recognizing revenue. The new guidance also includes enhanced disclosure requirements, and is effective January 1, 2018, with early adoption permitted for January 1, 2017. Entities have the option to apply the new guidance under a retrospective approach to each prior reporting period presented, or a modified retrospective approach with the cumulative effect of initially applying the new guidance recognized at the date of initial application within the Consolidated Statement of Changes in Stockholders’ Equity. We plan to adopt the new guidance effective January 1, 2018.

We have made substantial progress in our evaluation of the impact of the new standard. Under the new guidance, we anticipate sales of certain turbine machinery units will change to a point-in-time recognition model. Under current guidance, we account for these sales under an over-time model following the percentage-of-completion method as the product is manufactured. In addition, under the new guidance we will begin to recognize an asset for the value of expected replacement part returns. At this time we have not identified any impacts to our financial statements that we believe will be material in the year of adoption. We are still evaluating the impact to certain revenue streams within our Energy & Transportation and Resource Industries segments and expect that evaluation to be completed during the first half of 2017. Based on the current estimated impact to our financial statements, we plan to adopt the new guidance under the modified retrospective approach.

The Virtual Shareholder Meeting: A Growing Way to Avoid Protestors?

The upcoming March 22nd annual shareholder meeting of the Hewlett Packer Enterprise (HPE) Company during President Trump’s first 100 days in office will be interesting in one fascinating way. It will be completely virtual.

As protests of all kinds rock American society, we may be on the cutting edge of a trend that will become standard operating procedure in the near future. According to HPE, an all virtual meeting enables shareholder participation. But is that their only objective?

This is the second year that HPE held an all virtual annual meeting. Only 70 companies out of the existing 8,000 held virtual meetings last year. Of those 70, only the following eight joined HPE as a S&P 500 company:

1) Alaska Air
2) CA Technologies
3) CSRA
4) Harman International
5) Illumina
6) Laboratory Corp of America
7) Mosaic
8) PayPal

Companies have always had shareholder meetings. Some of these meetings are more popular than others. But they were always held in hotels or fancy corporate offices. This will be the first all virtual meeting with no physical meeting location since President Trump took office. To be clear, companies have always given shareholders the opportunity to listen in online or phone in but that has always been in connection to a meeting happening in a physical location.

Could this be a growing trend? A result of the corporate backlash from the masses aided by our country’s CEO? In our view, it makes most sense to hold shareholder meetings online. It provides safety to the attendees and host. But how will protesters, who are used to having a physical location to disrupt, react? Will they call in on the internet and submit a protest video stream? Danger: Could activist hackers take over a meeting and spread fake corporate news? IR officers may have a new role!

Source: https://www.sec.gov/Archives/edgar/data/1645590/000104746917000541/a2230793zdef14a.htm

New Trends in Disclosure. MyLogIQ teams up with EY & FERF on “Disclosure effectiveness in action: companies make great strides.”

Disclosure effectiveness has been generating a lot of buzz. Forward-thinking enterprises are creating innovative approaches to the presentation of key metrics in disclosures, particularly in MD&A and Risk Factors. The world is taking notice. As you might imagine, we at MyLogIQ love a good trend. We’re a bit obsessed with disclosure data. So we teamed up with EY & FERF and supplied key data and metrics for the recently published report “Disclosure effectiveness in action: companies make great strides.” The full report can be found in our recent article, linked below. Our intelligent algorithms curated, sorted, and analyzed disclosures pulled from S&P 500 companies. Our data clearly shows new trends…

Click on the picture below to view our full article with a link to the report:
New Trends in Disclosure
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Is the SEC listening to your earnings calls?

conf-transcripts

You bet they do! May be they are very busy and don’t listen in live, but they surely are scanning the earnings call transcripts.

It is earnings season again. As the analysts and investors are curious to hear how companies have fared, the regulators may be listening in to see what Non-GAAP metrics companies are disclosing & talking about.
The use of Non-GAAP is not new and neither is the SEC’s comments on the use of Non-GAAP. Recently with speeches being made by SEC Commissioner Mary Jo white (Dec 2015) and other senior staffers giving their opinions, the heat seems to be picking up.

In fairness to the SEC protecting the investors interest, they ask that companies do the following “Where non-GAAP financial measures are made public orally, telephonically, by webcast, broadcast or similar means, please ensure that you include the most directly comparable GAAP financial measure as required by Item 100(a)(1) of Regulation G and provide a cross reference to the location on your website where the reconciliation for such measures can be
found’

How then do we know the SEC is listening/reading your earnings calls?
We looked at our SECAnalyzer™ SEC Comments Database for “earnings call” and “Non GAAP” and found the regulators refer to comments made during the earnings calls, and wrote the companies an SEC comment. Listed below are three companies that SEC staff have commented on.
So this earnings season, we will be analyzing the earnings releases to see what Non-GAAP companies are disclosing, never mind whether the sec comments or not.
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COVISINT CORP SEC Comment [12/23/2015] Comment Letter
4. In your Q2 2016 earnings call, management indicates that “free cash burn” for the quarter was about $5.4 million, which appears to be a discussion of non-GAAP measures. In the future, where non-GAAP financial measures are made public orally, telephonically, by webcast, broadcast or similar means, please ensure that you include the most directly comparable GAAP financial measure as required by Item 100(a)(1) of Regulation G and provide a cross reference to the location on your website where the reconciliation for such measures can be found. We refer you to Note 1 of Item 100 of Regulation G and Question 105.02 of the Non-GAAP Compliance and Disclosure Interpretations.

6. In your Q2 2016 earnings call, management states that you expect to finish the year with a net loss of between $11 and $14 million on a non-GAAP pro forma basis. However, the Guidance Summary on slide 4 of the presentation materials does not specify that your Net Income projections are on a non-GAAP basis and they are not reconciled to the comparable GAAP measure. Similarly, the Free Cash Flow projections are not reconciled to the comparable GAAP measure. In future filings and public presentations please ensure that your non-GAAP measures are clearly identified as such. In addition, ensure that you reconcile your non-GAAP projections to the most directly comparable GAAP measure or explain to us why you cannot provide that information without unreasonable effort. Please refer to Item 10(e)(1)(i) of Regulation S-K.

TRIMAS CORP SEC Comment [05/03/2016] Comment Letter
2. We note disclosure in your earnings presentation that “free cash flow approximated 87% of net income for 2015, excluding special items.” We also note your CFO stated on your earnings call that “free cash flow approximated 87% of net income.” It appears to us: the measure you refer to as “free cash flow” is adjusted for items in addition to what is commonly referred to as free cash flow; and the 87% calculation is actually based on “Income from Continuing Operations, Excluding Special Items. ” Please revise future filings to use titles or descriptions for non-GAAP financial measures that accurately reflect the amounts presented or calculated, and are not the same as, or confusingly similar to, GAAP measures. Also, to the extent you continue to present a cash conversion percentage based on non-GAAP financial measures, it appears you should also present the most directly comparable GAAP measure.

VALEANT PHARMACEUTICALS INTERNATIONAL, INC. SEC Comment [03/18/2016] Comment Letter
1. We note that, over the past four years, you have reported approximately $9.8 billion of non – GAAP net income. During this same period, you reported GAA P net loss of approximately $330 million for a total increase from GAAP loss to non – GAAP income of over $10 billion.

In addition, you have reported taxes on $10.2 billion of non – GAAP pretax income at a rate of only 3% . During the call on February 26, 2016 between Valeant and the SEC staff, we discussed the company’s proposed change to the reconciliation between the GAAP tax provision and the non – GAAP provision. On that call, we expressed significant concern about the non – GAAP tax provision.

We learned through your March 15th earnings call that you plan to increase the tax rate used in calculating your future non – GAAP measure to between 10 and 15% in 2016. We also learned that you attributed this change to a suggestion made by the staff. At the time you publicized this change, the staff had informed you that we had concerns about whether your non – GAAP measure was potentially misleading due to the tax provision but we had not suggested any particular tax rate that would be appropriate nor that it would be appropriate to make a change only prospectively.

The measure used over at least the past four years gives the impression that you could have generated $10.2 billion in pre – tax profits during that time without paying any significant amount of tax. We find this presentation to be potentially misleading.

You should amend or supplement your earnings release to inform investors promptly that the hypothetical results suggested by this non – GAAP measure were unrealistic and show how the revised tax rates would have affected prior periods.
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