Sat.Feb 10, 2024 - Fri.Feb 16, 2024

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Why good boards make bad decisions

Harvard Corporate Governance

Posted by Maria Castañón Moats, Paul DeNicola, and Catie Hall, PricewaterhouseCoopers LLP, on Sunday, February 11, 2024 Editor's Note: Maria Castañón Moats is a Leader, Paul DeNicola is a Principal, and Catie Hall is a Director at the Governance Insights Center, PricewaterhouseCoopers LLP. This post is based on their PwC memorandum. Introduction A widely accepted notion is that corporate boards function like well-oiled machines.

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What programmatic acquirers do differently

Mckinsey and Company

Our latest findings bolster the case for programmatic M&A. But beyond doing more deals, what gives programmatic acquirers an edge—and how does their dealmaking translate to value creation?

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Trending Sources

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Broadcom Sees Boost from Tiger Global's Entry, Signaling Confidence in AI Semiconductor Market

Benzinga

Tiger Global expanded its investment portfolio by acquiring its first stake in the California-based semiconductor manufacturer Broadcom Inc (NASDAQ: AVGO ) in the final quarter of 2023. Simultaneously, Tiger Global aggressively expanded its involvement in the semiconductor industry. Notably, it amplified its holdings in Taiwan Semiconductor Manufacturing Co (NYSE: TSM ) and Lam Research Corp (NASDAQ: LRCX ) by 47.69% and 8.9%, respectively, MarketWatch cites regulatory filings.

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Integrated Risk Management 101: What and Why?

N Contracts

The size and complexity of the modern risk landscape make it difficult for financial institutions to account for every risk. When key stakeholders and decision-makers don’t have a clear line of sight into risk, it’s easy to fall short of strategic goals, milestones, and policy objectives. Integrated risk management offers institutions a solution to this problem.

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How to Leverage Intent Data for Better Outcomes

Speaker: Susan Spencer, Principal of Spencer Communications

Intent signal data can go a long way toward shortening sales cycles and closing more deals. The challenge is deciding which is the best type of intent data to help your company meet its sales and marketing goals. In this webinar, Susan Spencer, fractional CMO and principal of Spencer Communications, will unpack the differences between contact-level and company-level intent signals.

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Executive Compensation Considerations for the 2024 Annual Meeting and Reporting Season

Harvard Corporate Governance

Posted by Joseph Yaffe, Page Griffin, and Shalom Huber, Skadden, Arps, Slate, Meagher & Flom LLP, on Thursday, February 15, 2024 Editor's Note: Joseph Yaffe , Page Griffin , and Shalom Huber are Partners at Skadden, Arps, Slate, Meagher & Flom LLP. This post is based on a Skadden memorandum by Mr. Yaffe, Mr. Griffin, Mr. Huber, Regina Olshan , Erica Schohn , and Joseph Penko.

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Organizational health is (still) the key to long-term performance

Mckinsey and Company

McKinsey’s latest findings on organizational health demonstrate that it remains the best predictor of value creation and a sustainable source of competitive advantage in today’s global marketplace.

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More Trending

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Shoppers Say Albertsons-Kroger Suit Shortcomings Fixed

Law 360 M&A

Consumers challenging Kroger's $24.6 billion bid for Albertsons defended their revised lawsuit in California federal court against the supermarkets' latest dismissal bid, arguing their tweaked complaint now adequately identifies the affected stores and lays out how the deal threatens competition.

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How Boards Should Be Thinking about the Supreme Court’s SFFA Affirmative Action Decision

Harvard Corporate Governance

Posted by Francesca L. Odell, Jennifer Kennedy Park, and Charity E. Lee, Cleary Gottlieb Steen & Hamilton LLP, on Wednesday, February 14, 2024 Editor's Note: Francesca L. Odell and Jennifer Kennedy Park are Partners, and Charity E. Lee is Counsel at Cleary Gottlieb Steen & Hamilton LLP. This post is based on their Cleary Gottlieb memorandum.

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What technology trends are shaping the mobility sector?

Mckinsey and Company

Technological innovation is transforming every aspect of the mobility sector, and more companies are beginning to investigate disruptive technology. A McKinsey analysis identifies the trends to watch.

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Wind Energy Projects in Louisiana – What’s Happening?

LaPorte

In December, Louisiana’s Department of Natural Resources approved the state’s first offshore wind farm development projects. The two approved projects, which may begin construction as… The post Wind Energy Projects in Louisiana – What’s Happening? first appeared on LaPorte.

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Statement of Cash Flows vs. Cash Flow Statement

Speaker: Wayne Spivak - President and Chief Financial Officer of SBA * Consulting LTD, Industry Writer, and Public Speaker

The old adages that "cash is king" and "you can’t spend profits" still hold true today. But however well-known these sayings might be, it requires a change in mindset to properly implement a cash flow management system that predicts your business's runaway as accurately as possible. Key to this new mindset is understanding the difference between the Statement of Cash Flows, a historical look at the source and uses of cash, and the Cash Flow Statement, which uses transaction history and forward-l

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7th Circ. Rejects Ancestry.com's Arbitration Bid In Privacy Suit

Law 360 M&A

The Seventh Circuit on Thursday upheld a lower court's decision that minors suing Ancestry.com for sharing their genetic testing information can avoid arbitration, saying there was no language in the terms their parents signed designating the children as parties to the agreement.

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Ignorance is Strength: Climate Change, Corporate Governance, Politics, and the English Language

Harvard Corporate Governance

Posted by Leo E. Strine, Jr. (University of Pennsylvania), on Tuesday, February 13, 2024 Editor's Note: Leo E. Strine, Jr. is the Michael L. Wachter Distinguished Fellow at the University of Pennsylvania Carey Law School; Senior Fellow, Harvard Program on Corporate Governance; Of Counsel, Wachtell, Lipton, Rosen & Katz; and former Chief Justice and Chancellor, the State of Delaware.

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Generative AI and the future of work in Australia

Mckinsey and Company

Advances in generative AI have accelerated Australia’s automation opportunity. If implemented well, these technologies could improve Australia’s productivity—and the quality of life of its people.

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US oil companies to merge in $26bn deal as firms rush to buy up drilling land

The Guardian M&A

Diamondback Energy to buy Endeavor Energy Resources, after IEA warning against new fossil fuel developments Business live – latest updates Two American oil and gas companies have said they will merge in a $26bn (£21bn) deal, the latest in a wave of acquisitions designed to buy up the best land for drilling. Diamondback Energy has agreed to buy Endeavor Energy Resources in a takeover that will create a company with a value of about $50bn (£40bn).

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Mastering Intent Data: Understanding its Importance & Best Practices

Speaker: Joe Apfelbaum, CEO of Ajax Union

In this webinar, Joe Apfelbaum, CEO of Ajax Union and business strategist, will take you through the ABCs of intent data. You'll learn how to effectively use it to drive business results, with practical tips on how to leverage both company and contact intent data to maximize your marketing efforts. Whether you're a seasoned marketer or just getting started, this webinar is a must-attend for anyone looking to stay ahead in the ever-evolving world of digital marketing.

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EU Conditionally Clears Korean Air's Acquisition Of Asiana

Law 360 M&A

The European Commission granted conditional approval on Tuesday for the proposed $1.6 billion acquisition of Asiana Airlines by Korean Air Lines Co. Ltd. after accepting modifications to allay competition concerns.

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Americas board priorities 2024

Harvard Corporate Governance

Posted by Kris Pederson, Barton Edgerton, and Jamie Smith (EY), on Thursday, February 15, 2024 Editor's Note: Kris Pederson is Center for Board Matters Leader, Barton Edgerton is Center for Board Matters Corporate Governance Research Leader, and Jamie Smith is Center for Board Matters Investor Outreach and Corporate Governance Director at EY Americas.

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McKinsey insurance leadership on 2024 trends and innovations

Mckinsey and Company

As insurance executives plan for the new year, what’s top of mind? What areas are ripe for innovation? McKinsey Senior Partners Jörg Mußhoff and Fritz Nauck discuss these and other topics.

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5 ways technology can strengthen a corporate tax team

ThomsonReuters

Whether it’s regulatory requirements, such as DAC7, GMT, BEPS 2.0 Pillar, or the ongoing tax industry talent shortage, tax departments are under stress like never before. The proper utilization and deployment of technological solutions alongside valued tax professionals is how successful tax departments deliver valued analysis, insights, and guidance for their organizations.

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Drug Co. Paratek's Officers Sued In Del. Over $462M Sale

Law 360 M&A

Former stockholders of drug developer Paratek Pharmaceuticals Inc. have sued five directors and officers in Delaware's Court of Chancery, accusing those named of slow-walking company sale efforts and snubbing up to 50% higher offers in favor of a $462 million deal that allegedly assured the directors and officers maximum benefits.

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Special Committee Report

Harvard Corporate Governance

Posted by Gregory V. Gooding, William D. Regner and Jacob Dougherty (Debevoise & Plimpton LLP), on Saturday, February 10, 2024 Editor's Note: Gregory V. Gooding and William D. Regner are Partners, and Jacob Dougherty is an Associate at Debevoise & Plimpton LLP. This post is based on a Debevoise memorandum by Mr. Gooding, Mr. Regner, Mr. Dougherty, Caitlin Gibson , Erik J.

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Generative AI in finance: Finding the way to faster, deeper insights

Mckinsey and Company

Generative AI technologies can automate time-consuming tasks for finance professionals, but can they be trusted to give the right answers?

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AMA: Hannah Thomson, founder of The Joy Club

Vested

Founder and CEO Hannah Thomson talks to us about how the loss of her beloved Grandmother led to the development of The Joy Club , and how she overcame pandemic challenges to grow her business and serve an overlooked target market.

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Food Co. Whole Earth Brands Taken Private In $209M Deal

Law 360 M&A

Food company Whole Earth Brands said Tuesday it will be acquired by private equity-backed Sweet Oak Holdings, which will take the company private in a deal worth about $209 million that was crafted by DLA Piper and Greenberg Traurig LLP.

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What directors need to know about the 2024 proxy season

Harvard Corporate Governance

Posted by Jamie Smith, EY, on Wednesday, February 14, 2024 Editor's Note: Jamie Smith is EY Americas Center for Board Matters Investor Outreach and Corporate Governance Director. This post is based on an EY memorandum by Ms. Smith and Kris Pederson. In brief Investors want companies to prioritize talent strategy and climate-related business transformation to build resilience in a dynamic business environment.

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CEO excellence: How do leaders assess their own performance?

Mckinsey and Company

Early results from our proprietary CEO Excellence Assessment Tool offer insights into the key issues facing more than 100 CEOs, mostly from Asia, and where they feel most confident—and most vulnerable.

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Health Care Company Gilead Sciences Announces Acquisition of CymaBay Therapeutics

Benzinga

Gilead Sciences (NASDAQ: GILD ) has announced an acquisition of CymaBay Therapeutics (NASDAQ: CBAY ) that is expected to be completed in Q1 of 2024. Under the terms of the agreement, Gilead Sciences has agreed to give CymaBay Therapeutics $4.30 billion in cash in exchange for CBAY stock. About The Companies Involved Gilead Sciences develops and markets therapies to treat life-threatening infectious diseases, with the core of its portfolio focused on HIV and hepatitis B and C.

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Off The Bench: NHL Antitrust, Daily Fantasy Dread, ESPN Bet

Law 360 M&A

In this week's Off the Bench, the NHL faces allegations of a vast, exploitative antitrust scheme, daily fantasy operators continue facing heat from state regulators, and New York gets a new sports betting player as ESPN Bet hits the Empire State.

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Corporate Governance Regulation: A Primer

Harvard Corporate Governance

Posted by Brian R. Cheffins (University of Cambridge), on Thursday, February 15, 2024 Editor's Note: Brian Cheffins is the S. J. Berwin Professor of Corporate Law at the University of Cambridge. This post is based on his recent paper forthcoming in Martínez-Echevarría y García de Dueñas, A. (dir.), González Sánchez, S.,Bethencourt Rodríguez, G. (coords.), Gobierno Corporativo Sostenible: Regulación vs.

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Author Talks: Howard Friedman on getting the most from your data science team

Mckinsey and Company

We all know the best decisions are data driven. So why are so few leaders making good use of their analytics teams?

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Bad debt tax deduction method proposed for financial institutions

LaPorte

(authored by RSM US LLP) Banks and insurance companies would see a simplification of their tax reporting of credit losses under proposed regulations. The post Bad debt tax deduction method proposed for financial institutions first appeared on LaPorte.

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Akerman Hires Real Estate, Corporate Partners In NY

Law 360 M&A

Akerman LLP recently announced two additions to its New York office: a former Faegre Drinker Biddle & Reath LLP partner and an attorney who helped launch the Washington, D.C., office of an international law firm.

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The First ESG Proxy Contest Under UPC

Harvard Corporate Governance

Posted by Michael R. Levin, The Activist Investor, on Monday, February 12, 2024 Editor's Note: Michael R. Levin is the Founder and Editor of The Activist Investor. This post is based on his TAI memorandum. Related research from the Program on Corporate Governance includes Universal Proxies (discussed on the Forum here ) by Scott Hirst. For over a year, we and others speculated ESG proponents would pounce on universal proxy card (UPC) as a way to escalate efforts to exert influence over compani

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Consumers: Spending more to buy less

Mckinsey and Company

US consumers are purchasing fewer items across categories, reflecting subtle shifts in shopping behavior with meaningful consequences for consumer-packaged-goods players.

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Two Big Texas Oil Producers Announce $26 Billion Merger

NYT M&A

Diamondback Energy and Endeavor Energy Resources are both major players in the booming Permian Basin.