Private securities litigation reform act

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Reference no: EM131001986

In 1995, Congress passed the Private Securities Litigation Reform Act (the Act). The prin- cipal provisions of the Act  are  intended to  curb abusive litigation  and  improve the quality of information available to investors through the creation of a safe harbor for forward- looking statements.

Forward-looking statements were defined to include statements relating to projections of revenues and other financial items, plans and objectives, future economic performance, assumptions, reports issued by outside reviewers, or other projections or estimates specified by rule of the SEC. The safe harbor applies to both oral and written statements.

Management frequently uses signals as "we estimate," "we project," and the like, where forward-looking statements are not otherwise identified as such. The forward-looking state- ments must be accompanied by meaningful cautionary statements. The cautionary statement may be contained in a separate risk section elsewhere in the disclosure  document.

Southwest Airlines Co.* included this statement with its 2006 Form 10-K.

Forward-Looking Statements

Some statements in this Form 10-K (or otherwise made by the Company or on the Company's behalf from time to time in other reports, filings with the Securities and Exchange Commission, news releases, conferences, World Wide Web postings or otherwise) which are not histori- cal facts, may be "forward-looking statements" within the meaning of Section 27A of the Securities Act of 1933, as amended, Section 21E of the Securities Exchange Act of 1934, and the Private Securities Litigation Reform Act of 1995. Forward-looking statements are based on, and include statements about, Southwest's estimates, expectations, beliefs, inten- tions or strategies for the future, and the assumptions underlying these forward-looking statements. Specific forward-looking statements can be identified by the fact that they do not relate strictly to historical or current facts and include, without limitation, words such as "anticipates," "believes," "estimates," "expects," "intends," "forecasts,"  "may," "will,"  "should," and similar expressions. Forward-looking statements are not guarantees of future performance and involve risks and uncertainties that are difficult  to  predict.  Therefore, actual results may differ materially from what is expressed in or indicated by Southwest's forward-looking statements or from historical experience or the Company's present expec- tations. Factors that could cause these differences include, but are not limited to, those set forth  under  item  1A-Risk Factors.

Caution should be taken not to place undue reliance on the Company's forward-looking statements, which represent the Company's views only as of the date this report is filed. The Company undertakes no obligation to update publicly or revise any forward-looking statement.

Required a. Demand for financial reports exists because users believe that the reports help them in decision making. In your opinion, will forward-looking statements as provided by the Private Securities Litigation Reform Act aid users of financial reports in decision making?

b. To some extent, investors' rights are limited by the curb of abusive litigation. In your opinion, is there a net benefit to investors from a safe harbor for forward- looking statements?

Reference no: EM131001986

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