Sat.Jun 01, 2024 - Fri.Jun 07, 2024

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U.S. Clears Way for Antitrust Inquiries of Nvidia, Microsoft and OpenAI

NYT M&A

The Justice Department and the Federal Trade Commission agreed to divide responsibility for investigating three major players in the artificial intelligence industry.

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Board effectiveness: A survey of the C-suite

Harvard Corporate Governance

Posted by Carin Robinson, PricewaterhouseCoopers LLP, on Tuesday, June 4, 2024 Editor's Note: Carin Robinson is Director at the PricewaterhouseCoopers (PwC) Governance Insights Center. This post is based on her PwC memorandum. Against a backdrop of increasing fragmentation and complexity, companies are seeking to develop and execute coherent strategies, and corporate governance needs to keep pace, with directors addressing more topics and fielding input from more stakeholders.

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Trending Sources

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IVSC Perspectives Paper: Inspection of Tangible Assets

IVSC

IVSC has issued a new Perspectives Paper focusing on the inspection of tangible assets in the valuation process. This paper, authored by the IVSC Tangible Assets Board, explores the topic of valuation inspections and considers the benefits and challenges associated with various types of inspections, including traditional physical inspections and technology-based virtual assessments.

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The state of AI in early 2024: Gen AI adoption spikes and starts to generate value

Mckinsey and Company

As generative AI adoption accelerates, survey respondents report measurable benefits and increased mitigation of the risk of inaccuracy. A small group of high performers lead the way.

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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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Chicago Cannabis Company Green Thumb Proposes Merger With Boston Beer, Eyes Stock Listing

Benzinga

Chicago-based cannabis producer Green Thumb Industries (OTCQX: GTBIF ) has raised eyebrows throughout the beverage and weed industries with a recent proposal to merge with Boston Beer Co. (NYSE: SAM ), the iconic American brewer behind Sam Adams lager. Green Thumb Seeks Stock Exchange Listing Green Thumb’s primary motivation for the move appears to be gaining access to a major U.S. exchange.

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Pro-ESG Shareholder Proposals Regaining Momentum in 2024

Harvard Corporate Governance

Posted by Subodh Mishra, ISS STOXX, on Monday, June 3, 2024 Editor's Note: Subodh Mishra is Global Head of Communications at ISS STOXX. This post is based on an ISS-Corporate memorandum by Jun Frank. Governance is back on focus this proxy season, with both the volume and support on proposals aiming to enhance shareholder rights and companies’ governance practices gaining steam.

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More Trending

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Navigating the generative AI disruption in software

Mckinsey and Company

The technology could accelerate growth, but presents new challenges, including shifts in value pools, user segments, and competitive dynamics that could spur a realignment of product categories.

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Bullish Sentiment Soars For Robinhood As Stock Rises With Bitstamp Acquisition

Benzinga

Robinhood Markets Inc (NASDAQ: HOOD ) closed at $22.97 on Thursday, recording a 6.49% gain. On Friday, the stock was up 3.35% by 6 a.m. ET in pre-market trading. Robinhood’s rally comes on the heels of the company’s acquisition of cryptocurrency exchange Bitstamp Ltd. for $200 million. The all-cash deal is expected to close in the first half of 2025.

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The Original Public Meaning of Investment Contract

Harvard Corporate Governance

Posted by Edward Lee (Santa Clara Law), on Saturday, June 1, 2024 Editor's Note: Edward Lee is a Professor of Law at the Santa Clara University School of Law, starting in August 2024. This post is based on his recent article forthcoming in the U.C. Davis Law Review. The Securities Act of 1933 defines “ security ” by identifying twenty examples of financial instruments or interests that constitute securities.

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Types of Synergies achieved through M&A

Benchmark Report

Synergies are achieved by combining two companies to improve overall performance, create scale, lower costs, and eliminate redundancies. We recently shared an article covering the many possible cost synergy benefits of mergers and acquisitions, but it’s important to remember that cost synergies differ from revenue and financial synergies. Let’s delve into the differences between the latter two.

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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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When failure is an option: Fostering organizational innovation and learning

Mckinsey and Company

To achieve sustainable innovation, companies can embrace failure as a catalyst for driving change. Capability centers can enhance performance and promote learning in high-stakes operations.

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Rumors Of Green Thumb And Boston Beer Merger: What Investors Need to Know, Analyst Breaks It Down

Benzinga

Green Thumb Industries (OTC: GTBIF ) has expressed interest in merging with Boston Beer (NYSE: SAM ), according to a recent report by Pablo Zuani c of Zuanic & Associates. What strategic advantages does this merger offer? How will this impact the profitability of both companies? Could this merger set a precedent for future deals in the cannabis and beverage industries?

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Reporting cybersecurity incidents on Form 8-K

Harvard Corporate Governance

Posted by Cydney Posner, Cooley LLP, on Sunday, June 2, 2024 Editor's Note: Cydney Posner is Special Counsel at Cooley LLP. This post is based on her Cooley memorandum. Yesterday, Corp Fin Director Erik Gerding issued a statement designed to clarify the use of Form 8-K Item 1.05 versus Form 8-K Item 8.01 when reporting cybersecurity incidents. Sounds like some of us might be doing it incorrectly—or at least sub-optimally—potentially resulting in investor confusion.

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Alternative Financing Comes Of Age

Global Finance

Fintech is fueling a boom in innovation, offering CFOs an array of new ways to access capital. For years, alternative financing models have been changing the way companies access cash. Now, fintech is offering innovations, from subscription and fee-based online lending marketplaces to blockchain, that are changing the alternative financing landscape itself.

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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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The AI opportunity: How payers can capture it now

Mckinsey and Company

AI and automation could lower administrative and medical costs and increase revenue. But payers have yet to mobilize to transform their organizations to capture this opportunity.

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HanesBrands Selling Champion To Authentic For Up To $1.5B

Law 360 M&A

HanesBrands said Wednesday it has agreed to sell its Champion business to Authentic Brands Group for up to $1.5 billion, under the guidance of Kirkland & Ellis LLP and Jones Day.

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Boeing 737 MAX

Harvard Corporate Governance

Posted by David F. Larcker and Brian Tayan (Stanford University), on Thursday, June 6, 2024 Editor's Note: David F. Larcker is the James Irvin Miller Professor of Accounting and Brian Tayan is a Researcher at the Stanford Graduate School of Business. This post is based on their recent working paper. We recently published a paper on SSRN (“Boeing 737 MAX”) that examines the organizational, leadership, and cultural breakdowns that contributed to the failure of the Boeing 737 MAX aircraft.

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It Wasn’t Just Shrimp That Killed Red Lobster

Global Finance

Recall last summer, when the now-bankrupt restaurant chain made its $20 “Ultimate Endless Shrimp” promotion permanent. The scheme, cooked up by ex-CEO Paul Kenny and then-majority shareholder, Thai Union, sparked an uptick in customers at Red Lobster’s 640-plus locations. But while patrons gorged on shrimp, they snubbed other seafood items. The splashy marketing ploy scalded Red Lobster.

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Scaling national e-health: Best practices from around the world

Mckinsey and Company

We examined best practices from around the world to identify proven ways to implement e-health successfully. These insights could help other countries unlock their own e-health potential.

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Live Nation May Shake It Off In A Long Game With The DOJ

Law 360 M&A

Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.

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Poor ESG: Regressive Effects of Climate Stewardship

Harvard Corporate Governance

Posted by Zohar Goshen (Columbia Law School), Assaf Hamdani (Tel Aviv University), Alex Raskolnikov (Columbia Law School), on Tuesday, June 4, 2024 Editor's Note: Zohar Goshen is Jerome L. Greene Professor of Transactional Law at Columbia Law School, Assaf Hamdani is Professor of Law at Tel Aviv University, and Alex Raskolnikov is Wilbur H. Friedman Professor of Tax Law at Columbia Law School.

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Ghana Adopts Blockchain To Stem Fraud

Global Finance

Ghana reached a $3 billion loan agreement with the International Monetary Fund (IMF) last year. Now, it will become the first African country to reduce public corruption via adopting blockchain technology for all government procedures. “We are going to adopt blockchain technology to ensure that all data and transactions in the government space are transparent and tamper-proof,” said Vice President Mahamudu Bawumia at the May 14th Commonwealth Regional Conference and Annual General Meeting of Hea

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Workers wanted: How to fill the skilled-trade shortage

Mckinsey and Company

In the United States, demand for skilled workers has skyrocketed—and the unmet need for tradespeople risks putting prosperity and even national security at stake. What’s next?

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Del. Justices Uphold Chancery's Toss Of Auto Parts Deal Suit

Law 360 M&A

Delaware's Supreme Court has refused to reverse the Court of Chancery's 2023 dismissal of a stockholder suit accusing Chicago-based factory and automotive parts venture Distribution Solutions Group Inc. of failing to disclose conflicts surrounding and costs of a three-way merger in late 2021.

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Half the Firms, Twice the Profits

Harvard Corporate Governance

Posted by Mark J. Roe (Harvard Law School) and Charles C.Y. Wang (Harvard Business School), on Wednesday, June 5, 2024 Editor's Note: Mark J. Roe is David Berg Professor of Law at Harvard Law School and Charles C.Y. Wang is Tandon Family Professor of Business Administration at Harvard Business School. This post is based on their recent article forthcoming in the Journal of Law, Finance, and Accounting.

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Goldman Sachs Now In Riyadh

Global Finance

Goldman Sachs became the first Wall Street bank to comply with Saudi Arabia’s Regional Headquarters (RHQ) program and secure a license to establish its Middle Eastern base in Riyadh. The kingdom’s new rules, which took effect on January 1, 2024, require companies to maintain a regional headquarters in Saudi Arabia with at least 15 employees, including high-ranking C-suite executives overseeing operations in other countries.

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Harnessing analytics and AI to shape the future of mobility retail

Mckinsey and Company

To prepare for a world of lower fuel sales, forecourt retailers can harness advanced analytics and AI to increase revenues from electric vehicle charging and convenience.

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To Make Your Legal Writing Clear, Emulate A Master Chef

Law 360 M&A

To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

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Letter in Opposition to the Proposed Amendment to the DGCL

Harvard Corporate Governance

Posted by Sarath Sanga (Yale Law School), Gabriel Rauterberg (Michigan Law School), and Eric Talley (Columbia Law School), on Friday, June 7, 2024 Editor's Note: Sarath Sanga is a Professor of Law and Co-Director of the Center for the Study of Corporate Law at Yale Law School, Gabriel Rauterberg is a Professor of Law at the University of Michigan Law School, and Eric Talley is the Isidor and Seville Sulzbacher Professor of Law at Columbia Law School.

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Comment on AMCs Violating TILA and C&R Fee Clauses by Mike Ford, AGA™

Appraisers Blog

In reply to Brian. Brian I went back through this thread and the above article. ANYTIME one is posting public comments to the Feds they have a specific link and reference numbers that are necessary. All your link does is lead to an email launch. IF anyone has the actual CFPB proposal/article, notice OR the Federal Register Links it would be helpful.

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What is the future of travel?

Mckinsey and Company

Travel is roaring back after the COVID-19 pandemic nearly decimated the industry. Here’s what you should know about the journey ahead.

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Circuit Judge Writes An Opinion, AI Helps: What Now?

Law 360 M&A

Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

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Regulation Struggles To Keep Pace With Global Gig Economy

Global Finance

As outsourcing to freelancers spreads, lawmakers and regulators around the world are scrambling to keep pace. Accordingly, companies working the new trend into their business model must be wary of running afoul of a fast-changing legal and regulatory landscape. Due diligence can be especially tricky for firms that use freelancers located in multiple jurisdictions—even within countries, such as the US, that have federal systems.

Start-ups 101
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Comment on AMCs Violating TILA and C&R Fee Clauses by Honest Appraiser

Appraisers Blog

In reply to Brian. The damage made by Dudd-Fwank to Independent Appraisers time and resources due to AMC non-disclosure has become incalculable. If anyone in this country is owed reparations due to unindtended consequences of Federal Legislation and the abuse thereof… it is the Independent Real Estate Fee Appraiser.