The Securities and Exchange Commission has settled charges against The Cheesecake Factory or making misleading disclosures about the impact of the COVID-19 pandemic on its business operations and financial conditions. 

In its SEC filings on March 23, 2020, and April 3, 2020, The Cheesecake Factory stated that its restaurants were "operating sustainably" during the COVID-19 pandemic. The SEC says these filings were misleading because the company was losing approximately $6 million in cash per week and that it projected that it had only 16 weeks of cash remaining. 

While The Cheesecake Factory was telling the markets that its restaurants were operating sustainably, it was asking its landlords for help. In its March 23 filing, the company described actions undertaken to preserve financial flexibility during the pandemic. However, it failed to disclose that it had already informed its landlords that it would not pay rent in April due to the impacts that COVID-19 inflicted on its business.

Want to continue reading?
Become a Free ALM Digital Reader.

Once you are an ALM Digital Member, you’ll receive:

  • Breaking commercial real estate news and analysis, on-site and via our newsletters and custom alerts
  • Educational webcasts, white papers, and ebooks from industry thought leaders
  • Critical coverage of the property casualty insurance and financial advisory markets on our other ALM sites, PropertyCasualty360 and ThinkAdvisor
NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Leslie Shaver

Les Shaver has been covering commercial and residential real estate for almost 20 years. His work has appeared in Multifamily Executive, Builder, units, Arlington Magazine in addition to GlobeSt.com and Real Estate Forum.