Regulation FD and Social Media l Securities Lawyer 101 l Blog

Regulation FD Attorney

On May of 2012, Francesca’s Holdings Corporation announced the termination of its Chief Financial Officer after an internal investigation concluded he had improperly communicated non-public company information over Twitter, which included a tweet that said “Board meeting.  Good numbers = Happy Board” during the quiet period prior to the company’s contemplated earnings release.

In addition to  concerns about the  accuracy of communications made in social media by employees, there is also potential applicability of Regulation FD (fair disclosure).

Regulation FD prohibits selective disclosure of material nonpublic information by senior executives and other company representatives.

Regulation FD defines “public disclosure” as either being included in an 8-K filing with the SEC or dissemination by “another method that is reasonably designed to provide broad non-exclusionary distribution of the information to the public.”  Anyone in possession of material inside information about a public company should avoid disseminating the information over Twitter or any other social media channel.

For further information about this securities law blog post, please contact Brenda Hamilton, Securities Attorney at 101 Plaza Real S, Suite 202 N, Boca Raton, Florida, (561) 416-8956, by email at [email protected] or visit  This securities law blog post is provided as a general informational service to clients and friends of Hamilton & Associates Law Group and should not be construed as, and does not constitute, legal and compliance advice on any specific matter, nor does this message create an attorney-client relationship.  Please note that the prior results discussed herein do not guarantee similar outcomes.

Hamilton & Associates | Securities Lawyers
Brenda Hamilton, Securities Attorney
101 Plaza Real South, Suite 202 North
Boca Raton, Florida 33432
Telephone: (561) 416-8956
Facsimile: (561) 416-2855