We are committed to maintaining the materiality standard as the basis for our disclosure-based approach.
The Lewinsky affair is of questionable materiality to the proceedings in which it was raised.
The session explored the materiality of biodiversity for investors and I was fortunate to be one of the panel members.
Quantitative materiality requires companies only to disclose hard, empirical facts such as financial data and any criminal convictions of management personnel.
The Court began by clearly rejecting what it considered too low a threshold for materiality as adopted by the lower court.
For its first act, SASB will develop a Materiality Map that weights the priority of sustainability issues by industry across 10 sectors.
Mr. Jacobs uses arty words like "dimensionality" and "materiality" to describe the design, but this is the art of the bigger hammer.
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The first approach seeks to determine the materiality of Shariah in principle.
Materiality: to present all relevant information that investors would reasonably require and expect to be made available to make a reasonable investment decision.
For asset managers such as Robeco, Lara Yacob explained that the materiality of biodiversity must focus on its role in maintaining shareholder value.
This includes sections on determining the materiality of biodiversity issues, designing biodiversity information and accounting systems, and ways to measure and monitor biodiversity performance.
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The question of materiality, it is universally agreed, is an objective one, involving the significance of an omitted or misrepresented fact to a reasonable investor.
Nevertheless, the financial sector is not entirely convinced of its materiality.
But the materiality of this alleged perjury is really a mystery.
Common perceptions might deem materiality a matter for juries to decide.
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And the court has unequivocally rejected any sliding scale approach that previously allowed strong evidence of materiality to compensate for weak evidence of intent to deceive.
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Whether it is BioAreas or some other approach, the session indicated that the materiality of biodiversity requires that biodiversity is made material through establishing a biodiversity asset.
It will develop key performance indicators for disclosure in the Form 10-K. Bloomberg is an early supporter of SASB and it will collaborate in developing the Materiality Map.
It has also held that materiality of contingent or speculative events or information depends on balancing the probability that the event will occur and the expected magnitude of the event.
This common understanding has already begun to articulate itself in the debate over materiality in the context of what is a material or relevant disclosure with respect to shareholder proxy statements.
The best case is equally obvious: the Supreme Court reverses entirely and finds that a plaintiff must prove materiality to gain the further benefit of the fraud on the market presumption.
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The second analysis relevant to materiality goes beyond the association in principle of SCF with Shariah and its call to violence and asks whether there is enough evidence of an association in fact.
While the Court in TSC Industries set about to explain materiality in the context of proxy statements, this articulation of materiality has become the operative definition in many other contexts of securities fraud.
While the Court ultimately concluded that there were sufficient disclosures to inform a reasonable investor, the analysis the Court used to get to that conclusion provides the basis today for the materiality analysis.
In all of these areas, and more, the materiality and scienter issues discussed above will play into the calculus for the legal advisor as the examination of these and other exogenous elements unfold.
In a Rule 10b-5 case alleging failure to disclose pre-merger negotiations, the Court utilized the TSC Industries standard in an effort to add clarity to the concept of materiality for future or contingent events.
Because his answers regarding Monica Lewinsky in the context of the Paula Jones litigation may not even meet the materiality test, and were, in fact, later excluded from the Paula Jones litigation entirely by a judge who referred to them as not relevant.
The general standard of materiality that we think best comports with the policies of Rule 14a-9 is as follows: An omitted fact is material if there is a substantial likelihood that a reasonable shareholder would consider it important in deciding how to vote.
Materiality is a fundamental element for an action alleging a failure to disclose under the securities laws and this is certainly the case for a plaintiff alleging that a defendant violated such duty by not properly disclosing the real nature, purpose, and scope of Shariah.
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