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Business Associations Keyed to Hamilton
In the Matter of Caterpillar, Inc.
Facts
Caterpillar, Inc. (Defendant) had a wholly owned subsidiary, Caterpillar Brasil, S.A. (CBSA), which accounted for approximately one quarter of Defendant’s net profits. Prior to Defendant’s filing of the reports required by § 13(a) of the Securities Exchange Act of 1934, management recognized that the future performance of CBSA would be especially hard to predict. Brazil was volatile, and the impact was significant enough to reduce Defendant’s projected results for 1990. There was, however, nothing in the reports of the Management Discussion and Analysis (MD & A) to suggest the disproportionate impact of CBSA’s profits on Defendant’s overall profitability or that adequately noted the uncertainty of management regarding CBSA’s performance for 1990.
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