Today, Monday May 12, the second Form SD and Conflict Minerals Report was filed with the SEC by Affymetrix, Inc.  Affymetrix described itself as a “provider of life science products and molecular diagnostic products.” 

Consistent with our usual practice, we will not provide a critique of the filing here.  However, it is worth noting that, like the Siliconware filing in April, this filing also attempts to use the product label of “DRC conflict undeterminable” — which, according to the SEC’s Partial Stay, is not required for the calendar year 2013 disclosure.  This underscores the importance of being familiar with the most recent SEC guidance and court rulings before finalizing disclosure.  And note, it is possible that there will be further decisions made by the Court of Appeals and by the SEC before the June 2 filing deadline.  Therefore, by waiting a couple of weeks to file, companies may have additional guidance and may be able to take advantage of reduced requirements or clarifications when preparing their final drafts of disclosures.

We will continue to report filings, SEC actions, and decisions in connection with the legal challenge.