Tue.Feb 27, 2024

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Rebellion extinction: Does Exxon mark the end of shareholder engagement?

Harvard Corporate Governance

Posted by Georgia Stewart, Tumelo, on Tuesday, February 27, 2024 Editor's Note: Georgia Stewart is CEO of Tumelo. This post was prepared for the Forum by Ms. Stewart. Related research from the Program on Corporate Governance includes Social Responsibility Resolutions (discussed on the Forum here ) by Scott Hirst and Stockholder Politics by Roberto Tallarita.

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Winning in the European automotive industry: A micromarket approach

Mckinsey and Company

The automotive ecosystem will become more competitive. Micromarket insights that allow automotive players in Europe to sharpen and tailor their strategies can be a competitive advantage.

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2024 Proxy Season Preview: Looking for a Silver Lining

Harvard Corporate Governance

Posted by Merel Spierings, The Conference Board, on Tuesday, February 27, 2024 Editor's Note: Merel Spierings is Senior Researcher for the ESG Center at The Conference Board. This post is based on an upcoming Conference Board report, which was developed using data from ESG analytics firm ESGAUGE and produced in collaboration with Russell Reynolds Associates and Rutgers Center for Corporate Law and Governance.

Finance 161
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An Emboldened F.T.C. Bolsters Biden’s Efforts to Address Inflation

NYT M&A

With few unilateral options and little hope of legislation from Congress, the president’s early investment in competition policy could pay a political dividend.

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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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Tornetta v. Musk is the Rule of Law at Work

Harvard Corporate Governance

Posted by Holger Spamann, Harvard Law School, on Tuesday, February 27, 2024 Editor's Note: Holger Spamann is the Lawrence R. Grove Professor at Harvard Law School. This post is based on his recent op-ed. Related research from the Program on Corporate Governance includes Executive Compensation as an Agency Problem and Pay without Performance: The Unfulfilled Promise of Executive Compensation both by Lucian A.

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Use our free timetable to help improve your business

JPAbusiness

Every business is different, but it’s still critical for every business to have discipline and a deliberate focus around the key elements you monitor and manage. In our free ebook Tips to improve financial and operational performance we examine the top 4 business elements we believe owners and managers should monitor, review and analyse to effectively manage and improve financial and operational performance.

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Comment on Seller Filed a Racial Bias Complaint Against Me by Maria

Appraisers Blog

June 1, 2021,PAVE was created by biden administration, to address appraisal bias. Now they need some cases to prove their existence is valid. Online can be found the advised path how to file case against an appraiser based on racial bias. Shouldn’t appraisers lobbying at their own representatives to cancel PAVE?

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The McKinsey Crossword: Leap Day Babies | No. 169

Mckinsey and Company

Sharpen your problem-solving skills the McKinsey way, with our weekly crossword. Each puzzle is created with the McKinsey audience in mind, and includes a subtle (and sometimes not-so-subtle) business theme for you to find. Answers that are directionally correct may not cut it if you’re looking for a quick win.

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Acquisitions Often Fail. So Are They Worth the Risk?

M&A Leadership Council

The Art of M&A® / Strategy An excerpt from The Art of M&A, Sixth Edition: A Merger, Acquisition, and Buyout Guide by Alexandra Reed Lajoux Research shows that a significant percentage of acquisitions “fail” in some way. Are they worth the risk? This is a question of facts and circumstances. Sometimes an acquisition is the right strategic choice, and other times this would be the wrong move.

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Accelerating diversity in clinical trials

Mckinsey and Company

Experts from across the healthcare ecosystem discuss insights, actions, and imperatives for better representation in clinical trials.

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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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The F.T.C. Boosts Biden’s Fight Against Inflation

NYT M&A

The regulator’s move to block Kroger’s $25 billion bid for Albertsons could win the president points with voters squeezed by rising prices.

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Luxury retail is about ‘emotions, not transactions’

Mckinsey and Company

The physical shopping experience matters more than ever, says Value Retail founder Scott Malkin, whose company owns some of the world’s best-performing luxury shopping destinations.

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FTC Puts Labor Focus In Merger Basket For First Time

Law 360 M&A

Higher consumer prices and reduced choice are no longer the only reasons the Federal Trade Commission will challenge mergers after the agency contested Kroger's planned $24.6 billion purchase of Albertsons based in part, for the first time ever, on allegations the deal will reduce competition for employees.

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Spotlighting Women in Advisory Practice: “Building an advisory firm around flexibility is key,” says Sandy Heit of ModernCPAs

ThomsonReuters

Sandy Heit’s path to owning her own accounting firm was a bit unconventional — and ultimately involved her love for photography. After completing high school and a less-than-fulfilling stint in retail, Heit decided to attend college. She pursued accounting due to a combination of a love for math and heeding her mother’s advice to have a stable job.

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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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Veradigm To Acquire ScienceIO, Face Potential Nasdaq Delisting

Law 360 M&A

Healthcare technology company Veradigm announced Tuesday that it would acquire language model startup ScienceIO in a $140 million deal that would help it extract more insights from its data and launch new features across its business.

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What's Going On With Warner Bros. Discovery and Paramount Global Stocks Tuesday?

Benzinga

After months of exploratory talks , Warner Bros. Discovery Inc (NASDAQ: WBD ) has ceased discussions about acquiring Paramount Global (NASDAQ: PARA ), indicating a significant shift in the merger landscape between these major media entities. Both the stock prices climbed after the reports. Despite the halt in negotiations with Warner Bros. Discovery, Skydance Media, led by David Ellison, remains in the process of due diligence regarding a potential deal.

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UFC, Fighters In Mediation Ahead Of Wage Suppression Trial

Law 360 M&A

Ultimate Fighting Championship has entered private mediation with a group of fighters suing the promotion in Nevada federal court for suppressing their wages by up to $1.6 billion, adding a new wrinkle to the case just weeks ahead of trial.

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Microsoft's AI Ventures and Qualcomm's Autotalks Acquisition Face Regulatory Scrutiny, Global Tech Competition Concerns

Benzinga

U.S. Big Tech’s artificial intelligence investments and takeover plans are increasingly drawing regulatory scrutiny worldwide. Significant merger deals, including Nvidia Corp (NASDAQ: NVDA ) – Arm Holdings Plc (NASDAQ: ARM ) and Intel Corp’s (NASDAQ: INTC ) – Tower Semiconductor Ltd (NASDAQ: TSEM ), succumbed to regulatory opposition over anticompetitive grounds.

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Investors Can't Block $1.6B Oil Co. Merger, Chancery Says

Law 360 M&A

Warrant holders of deep-water oil producer QuarterNorth Energy who say they're being dragged unwillingly into its $1.6 billion merger with Talos Energy may not prevent the cashing out of their warrants because it could jeopardize the transaction and hurt QuarterNorth shareholders, Delaware's Court of Chancery has ruled.

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Private Equity Bounces Back: EQT Raises $24B For Deals, Signals Listings Revival

Benzinga

Sweden-based private equity group EQT announced on Tuesday its largest-ever fundraising with €22 billion ($24 billion) in total commitments for its flagship EQT X fund. This exceeded the company’s target size of $21.6 billion and represented one of the largest private equity funds ever raised, the company said, with investors including pension and sovereign wealth funds, asset managers and private wealth investors.

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Real Estate Group Of The Year: Greenberg Traurig

Law 360 M&A

Greenberg Traurig LLP attorneys helped the Metropolitan Transportation Authority complete the development of a major train terminal in New York City and advised a $2 billion transaction in which a Japanese real estate firm bought a 50% stake in a Manhattan office tower, landing the firm a spot among Law360's 2023 Real Estate Groups of the Year.

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Healthcare IT-R1 RCM's Shareholder Says $13.75/Share Deal Offer Significantly Undervalues The Company

Benzinga

Tuesday, Coliseum Capital Management , one of the largest shareholders of R1 RCM Inc (NASDAQ: RCM ), issued an open letter to the company’s Board of Directors. In its letter, Coliseum states that it believes the offer by New Mountain Capital to acquire the company for a cash consideration of $13.75 per share significantly undervalues the company.

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Atlas Energy Solutions Buying Hi-Crush In $450M Deal

Law 360 M&A

Atlas Energy Solutions Inc. said Tuesday it has agreed to purchase Hi-Crush Inc., including its Permian Basin proppant production assets and North American logistics operations, in a transaction that is valued at $450 million and expected to close by the end of this month.

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How To Spot And Prevent Employee Fraud In The Construction Industry

Gross Mendelsohn

The typical organization loses 5% of its revenues to fraud each year according to the Association of Certified Fraud Examiners (ACFE). When you do the math, the hit to your bottom line can be substantial.

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Obtaining a Concrete Equipment Appraisal

Peak Business Valuation

Concrete is the primary structural support of buildings, bridges, roads, and other infrastructure. Concrete machinery and equipment help mix, transport, and form these structures. It also represents a business asset of a construction company. This financial value plays a key role in tax reporting, asset management, and more. This article outlines the process of obtaining a concrete equipment appraisal.

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Are Japan’s corporate managers ready for the revival of trade unions?

Financial Times M&A

Nippon Steel’s planned purchase of US Steel is a test case as managers prepare to deal with more active labour groups

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Fox Rothschild Taps Sarasota-Area Firm Attys For New Office

Law 360 M&A

Fox Rothschild LLP has widened its Florida footprint with the opening of an office in Sarasota and the addition of a three-attorney team from Blalock Walters PA.

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US owner of Waterstones tables higher offer for Currys

The Guardian M&A

Elliott Advisors ups its offer to £750m but board of high street electrical goods chain likely to reject new bid The US investment group Elliott Advisors has reportedly tabled an improved takeover offer for the UK electrical goods chain Currys, worth as much as £750m, after being rebuffed earlier this month. Elliott, which owns the book chain Waterstones and has a controlling stake in the food chain Wasabi, raised its offer to between 65p and 70p a share, although this is likely to be rejected a

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Exxon Raises Questions About Chevron’s $53 Billion Deal for Hess

NYT M&A

Exxon may try to upend its rival’s megadeal. The prize is a 30 percent stake in the oil-rich fields off the coast of Guyana.

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Skadden Discusses a Board’s Role in Oversight of Cybersecurity Risks

Reynolds Holding

Key Points New SEC rules from 2023 require public companies to report material cybersecurity incidents promptly and detail their cybersecurity risk management strategies in annual reports — requirements that increase the risk of litigation over misstatements relating to cybersecurity. The fallout from the SEC’s enforcement action against SolarWinds and shareholder litigation over the company’s alleged failure to manage cybersecurity risks highlight the need for thoughtful board governance in thi

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Exxon and Chevron must decide whether they are more enemies than ‘frenemies’

Financial Times M&A

Both sides are in the midst of negotiations over stake in the Stabroek deepwater field that could end up in arbitration

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A New and Improved Corpus of Definitive M&A Agreements for Public Access

Reynolds Holding

The mature field of contract design dates back nearly a century , and it now features myriad rich and varied contributions seeking to characterize or test theories of how parties organize private law to shape and enhance their economic environments. In turn, this literature has spawned legions of intellectual descendants. They include efforts to explore the inherent incompleteness that transaction costs impose on contract structures , the critical importance of governance and control of economic

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Currys rejects higher takeover bid from Elliott

Financial Times M&A

UK electronics retailer has drawn takeover interest from US investment group and China’s JD.

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Chevron's $53B Hess Buy Hits Snag Over Guyana Oil Dispute

Law 360 M&A

Chevron has revealed in a regulatory filing that Exxon Mobil Corp. and the China National Offshore Oil Corp. believe they have preemptive rights to buy Hess' stake in a lucrative oil project off the coast of Guyana, a hitch Chevron said could lead to failure to close its planned $53 billion acquisition of Hess.

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