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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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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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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AMA: Fred Thompson, founder of Thirst

Vested

We sat down with Thirst founder and CEO, Fred Thompson, whose business is on a mission to help startups improve retention and engagement, to talk about startup challenges, morale and building relationships with fellow founders.

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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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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.

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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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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Comment on AMCs Violating TILA and C&R Fee Clauses by Dave

Appraisers Blog

Oh please – stop pretending that fee offers are half or less than in ’21 and ’22 – not someone else’s fault you were too stupid to bank it so you could ride out the half fee offers. As Nancy said, just say “NO” – not going to happen – the lambs are returning to their keepers!

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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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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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Comment on Let’s All Build the Gallows Together by Mark S. Davis

Appraisers Blog

In reply to Baggins. Boom! As usual, Baggins, you get to the heart of the matter while grasping the big picture. Other than cookie cutter assignments where an appraiser has already inspected the subdivision, neighborhood, and surrounding area, including recently constructed similar models, these type assignments are undermining basic appraisal due diligence and competent information gathering for credible results.

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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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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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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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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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Comment on AMCs Violating TILA and C&R Fee Clauses by Frustrated Appraiser

Appraisers Blog

In reply to Seneca. No. That comment is completely false. If things are working as they should, there is no need for AMC’s at all. Cop out. No lender is required to use an AMC. They can handle this from within.

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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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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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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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Comment on Let’s All Build the Gallows Together by Baggins

Appraisers Blog

In reply to Mark S. Davis. Thanks. Jeremy Bagott just pushed an article today detailing the same thing, just about. DEI may mean one thing in terms of ‘the movement for equality’ through general society. But put that capability to offer special financing and special terms into the hands of GSE people and lenders, what comes out the other side is simply a repeat of predatory lending practices, at an even larger scale, with even less oversight.

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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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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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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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Comment on Let’s All Build the Gallows Together by Spencer Paul

Appraisers Blog

In reply to Dave. Dave – Good sir, your course language is not okay. You can rip someone, but be polite. Also, please expound on how you think the AMC’s will actually be gone in a years time. I can’t get there at the moment. I can’t see anyone really giving two hoots about the AMC model and stopping the cash flows it is creating for the elected officials in all said departments and governmental offices.

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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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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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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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Comment on Let’s All Build the Gallows Together by Mary T Thompson

Appraisers Blog

Class AMC advertising for an upcoming Real Estate Event touting 1 day Appraisals. Good for lenders good for them…… HEY BORROWERS OUT THERE… NOT GOOD FOR YOU. That is the sad part of all of this, the public has no clue what Rabbit Hole they are going to be going down. They will be the ones hurting, not the lenders, not the Realtors, not the AMC’s etc.

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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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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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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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Comment on Let’s All Build the Gallows Together by Todd Redington

Appraisers Blog

For statistical consumption only…… Waivers peaked in Sept 2021 for both FNMA/Freddie at 44% and 36% respectively, due obviously in large part to the pandemic. Current levels are at 11%/12% respectively [link] So we have already been close to 50% as the article suggests, and thus having set a precedent, can easily get there again for “other” reasons.

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