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Posts by Patrick Gallagher

Talking about tax reform during earnings season

Most public companies remained circumspect at best in their comments about the federal tax reform legislation as it took shape last summer and fall and even as the Tax Cuts and Jobs Act was signed into law.

Now, though, with the quarterly earnings season underway, virtually every company is saying something about tax reform – the impact on its corporate tax rate, earnings, cash flow, customers and markets, and more. And it probably won’t be the last time they address the subject. What lessons can companies take away from how early reporters have addressed federal tax reform?

While a handful of companies have limited their discussion to the bare bones, the majority appear to be taking a deeper dive. As the Wall Street Journal wrote, “Some of the biggest U.S.…

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The uphill battle to take down the ‘merger tax’

Merger objection class-action lawsuits have been the bane of public companies for going on a decade. Each year from 2009 through 2015, somewhere between 84 percent and 94 percent of all merger transactions over $100 million were challenged by at least one shareholder class-action lawsuit. In the January/February 2018 issue of the National Investor Relations Institute (NIRI) magazine IR Update, I write about the efforts of jurists and activists to clamp down on meritless merger suits and the maneuvers of opportunistic plaintiffs’ law firms to keep the six-figure fees flowing.

Read the full IR Update article here.

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Five reasons why tax reform still looks like a shaky bet

Six weeks ago I wrote here that investors and corporations should not count on Congress passing tax reform legislation this year. Now that the GOP’s “Big Six” has released a somewhat more detailed framework, do the chances look any better? Here are five reasons why the ambitious plan is still a long shot:

  1. Too Many Democrats. People like to say that no one knows what the Democratic Party stands for. One thing it definitely stands against is big tax cuts for the rich. In August, all but three of the 48 Senate Democrats signed a letter rejecting deficit-financed tax cuts for corporations and the wealthy. The leading message from the Big Six is that the tax plan would provide no benefit for the rich.  But pretty much everyone else acknowledges that the nation’s…
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Trump, GOP love tax cuts, but this isn’t 1986

If you are hoping tax reform legislation will salvage the Trump administration’s agenda and support another stock market run-up, don’t count on it. Amidst internal dissension and growing concern that now is not the time for tax cuts, the administration and congressional Republicans are struggling to shape a bill that can garner enough votes—and the president’s approval.

After the failure to repeal Obamacare, Republicans see tax reform as the only route to a major legislative victory this year. Cutting taxes, after all, is what Republicans believe they do best. But this could end up like the failed repeal all over again—patching pieces together to find something that will pass that doesn’t really address the underlying problems.

As CNBC commentator Ron Insana wrote…

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Is your most important IR content underperforming?

We are involved in a lot of investor presentations here at Dix & Eaton. We may be building the first one for an IPO company, undertaking a refinement of a company’s investible story and the presentation of that information, or helping to prepare for a major event or transaction. We also look at a lot of non-client presentations just to see the variety of story-telling and style.  

For most public companies, the investor presentation is probably the most important single piece of information on the IR website. According to the Cision/PR Newswire Shareholder Confidence 365 survey, “PowerPoint-based investor presentations are the top content hunted by Wall Street.” 

The problem is that the vast majority of these documents are a compromise. They are created as…

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