8-KRegulation FDExhibits & Filings

EIDP, Inc. 8-K Report, Regulation FD Disclosure (Jul 15, 2016)

Filed July 15, 2016For Securities:CTA-PBCTA-PA

Summary

E. I. du Pont de Nemours and Company (DuPont) filed an 8-K on July 15, 2016, to disclose the receipt of a letter from the Action Network Fund (ANF) dated July 13, 2016. This letter pertains to various pending and potential litigation and investigatory matters involving the company, most notably the multi-district litigation (MDL) concerning personal injury claims related to PFOA exposure. DuPont explicitly states that the ANF letter was not prepared with their input and that they are not endorsing its contents, potentially disagreeing with its assertions regarding claim numbers, potential dollar values, future developments, and indemnification claims against The Chemours Company. Investors are directed by DuPont to previously filed and furnished information with the SEC for comprehensive details on these matters. The company asserts that it has disclosed all required information under federal securities laws regarding these issues up to July 14, 2016, referencing its 2015 10-K, Q1 2016 10-Q, and a prior 8-K filed on July 8, 2016. This filing serves primarily as a notification of receipt and content of the ANF letter, without adding new material information from DuPont's perspective.

Key Highlights

  • 1DuPont received a letter from Action Network Fund (ANF) on July 13, 2016, concerning litigation and potential investigations.
  • 2The ANF letter specifically mentions the PFOA multi-district litigation (MDL) related to personal injury cases.
  • 3DuPont states the ANF letter was not prepared by or with their input and does not endorse its content.
  • 4The company may have disagreements with assertions made in the ANF letter, including estimates of potential claims and financial exposure.
  • 5DuPont clarifies that it has disclosed all legally required information regarding these matters in previous SEC filings.
  • 6Investors are referred to DuPont's prior filings (10-K, 10-Q, and previous 8-K) for official disclosures on these issues.
  • 7The filing is for informational purposes regarding the receipt of the ANF letter and is not considered 'filed' for liability purposes under Section 18 of the Exchange Act.

Frequently Asked Questions

The primary purpose of this 8-K filing is to inform DuPont's stockholders that the company received a letter from the Action Network Fund (ANF) on July 13, 2016. The letter discusses various litigation and investigatory matters, including the PFOA MDL.

No, DuPont explicitly states that the ANF letter was not prepared by or with their input. The company is not attesting to its accuracy or completeness and may have disagreements with the positions and characterizations made in the letter, particularly regarding estimates of potential claims and financial exposure.

DuPont directs investors to information previously furnished or filed with the U.S. Securities and Exchange Commission. Specifically, the company refers investors to its Annual Report on Form 10-K filed on February 4, 2016, its Quarterly Report on Form 10-Q filed on April 26, 2016, and its Current Report on Form 8-K furnished on July 8, 2016.

DuPont states that it does not believe the ANF letter contains any material information not previously disclosed by the company. The filing is primarily a disclosure of the receipt and content of the ANF letter, and DuPont reiterates that it has already disclosed all required information in prior filings.