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Federal appeals court tariff ruling signals CFOs to ‘plan for turbulence’

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Good morning. A federal appeals court ruled on Aug. 29 that most of the Trump administration’s tariffs on global trading partners are illegal. That means yet another uptick in tariff uncertainty for businesses.

“While the court’s decision introduces fresh uncertainty, tariffs are likely to remain in place for at least a month until a final ruling—which itself is highly uncertain,” Gregory Daco, EY-Parthenon chief economist, told me.

The court’s ruling wouldn’t take effect until Oct. 14, and the Trump administration is expected to appeal the case to the U.S. Supreme Court, which may hear arguments this year or in 2026. On Tuesday, President Trump said he will ask the Court for an “expedited ruling” to overturn the appeals court decision.  

Daco said this ambiguity reinforces the importance of a “tariff tower watch” approach: monitoring legal and policy developments closely while planning across multiple horizons.

In the near term, CFOs should align pricing strategies, revisit supplier terms, and model out cost scenarios, he said. More generally, he advises medium-term contingency planning that spans logistics, margin pressure, inventory management, and customer pass-through dynamics. EY research and industry reports recommend CFOs prioritize disruptive technology and data in scenario planning to strengthen resilience and decision-making.

I asked Daco about the potential short- and long-term economic consequences for industries that had adjusted to the existing tariffs. Removing tariffs would be economically stimulative—lowering input costs, lifting margins, and potentially accelerating investment, he said.

“But the reality is that any reprieve may prove fleeting,” he explained. The administration retains broad authority to reimpose tariffs through other legal frameworks, such as Section 232 or 301 of U.S. trade law, and “the broader shift toward strategic protectionism is likely to persist,” Daco said.

The impacts of tariffs continue to be top of mind for CEOs and CFOs. Since June 15, there have been 346 earnings calls conducted by S&P 500 companies in which the terms “tariff” or “tariffs” were cited at least once on the call, John Butters, VP and senior earnings analyst at FactSet, told me.

Daco’s biggest piece of advice for finance chiefs: “Plan for turbulence, not just outcomes.”

He recommends that CFOs lean into scenario planning that integrates legal risk, trade exposure, and geopolitical volatility. Build resilience across your supply chain, ensure pricing strategies can flex with cost volatility, and maintain optionality in procurement and production, he said.

“In an environment where the policy goalposts are moving, agility is not a luxury—it’s a necessity,” Daco said.

Now, that’s for certain.

Sheryl Estrada
sheryl.estrada@fortune.com

Leaderboard

 

Alka Tandan, CFO of Gainsight, a customer success platform provider, has announced she will be leaving the company after almost six and a half years in the role. Tandan will remain in an advisory capacity at Gainsight for a transition period of a few months. Gainsight’s longtime CEO and founder, Nick Mehta, stepped down in August and has been succeeded by Chuck Ganapathi, who previously served as president and chief operating officer at the company. In a LinkedIn post, Tandan said she is looking forward to spending quality time with her 1-year-old son “before embarking on my next chapter.”

 

Kenneth Lynard was appointed CFO of Pharming Group N.V. (Nasdaq: PHAR), effective Oct. 1. Lynard has more than 20 years of global leadership experience in the life sciences industry. Most recently, he served as CFO of Schoeller Allibert and Zentiva, a European pharmaceutical company. He previously served as CFO at Affidea, and worked for Gilead Sciences, a leading US-based biopharmaceutical company, as SVP and CFO of global commercial operations, R&D and manufacturing. 

Big Deal

According to Mercer’s latest 2025 U.S. Compensation Planning Survey companies plan to increase their compensation budgets in 2026 by 3.1% for merit increases and 3.5% for total salary increases for non-unionized employees.

 

These projections are similar to 2025, when U.S. employers delivered actual merit and total salary increases of 3.2% and 3.5%, respectively. The survey also found that 20% of U.S. companies expect ongoing economic uncertainty to significantly impact compensation decisions in 2026.

 

Additionally, about 88% of respondents noted their budgets are still in the preliminary phase and that salary increases may soften as budgets are finalized closer to year-end, according to the findings.

Compensation projections vary by industry. For example, banking/financial services and life sciences expect above-average total increase budgets of 3.7%.

Employers also plan to promote approximately 8.1% of their workforce in 2026, down from 9.9% in 2025. The most common approach—used by 43% of employers—is to promote “as needed,” while 26% report having two promotion cycles per year. 

Going deeper

“Judge rules Google must share some search data and end exclusive distribution deals, but won’t force Google to sell Chrome” is a Fortune report by Jeremy Kahn and Alexei Oreskovic.

From the report: “A federal judge ruled that Google can no longer enter into exclusive distribution deals to make its search engine or its Gemini AI technology the default option on phones and other devices and said Google must share some of its search data with competitors, but said he would not force the $2.6 trillion company to spin off key assets like its Chrome web browser. The ruling in the Department of Justice’s landmark antitrust case against Google-parent Alphabet stopped short of what could have been the government’s most severe action in decades to curb the power of a monopoly.” You can read the complete report here.

Overheard

“80% of Tesla’s value will be Optimus.”

—Tesla CEO Elon Musk said in an X post on Monday that the company’s value would eventually come from its autonomous Optimus bots, Fortune reported. On the same day, Tesla also released its “Master Plan, Part IV,” which places increased emphasis on physical AI.

This is the web version of CFO Daily, a newsletter on the trends and individuals shaping corporate finance. Sign up for free.



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On Netflix’s earnings call, co-CEOs can’t quell fears about the Warner Bros. bid

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When it comes to creating irresistible storylines, Netflix, the home of Stranger Things and The Crown, is second to none. And as the streaming video giant delivered its quarterly earnings report on Tuesday, executives were in top storytelling form, pitching what they promise will be a smash hit: the acquisition of Warner Brothers Discovery.

The company’s co-CEOs, Ted Sarandos and Greg Peters, said the deal, which values Warner Brothers Discovery at $83 billion, will accelerate its own core streaming business while helping it expand into TV and the theatrical film business. 

“This is an exciting time in the business. Lots of innovation, lots of competition,” Sarandos enthused on Tuesday’s earnings conference call. Netflix has a history of successful transformation and of pivoting opportunistically, he reminded the audience: Once upon a time, its main business entailed mailing DVDs in red envelopes to customers’ homes. 

Despite Sarandos’ confident delivery, however, the pitch didn’t land with investors. The company’s stock, which was already down 15% since Netflix announced the deal in early December, sank another 4.9% in after-hours trading on Tuesday. 

Netflix’s financial results for the final quarter of 2025 were fine. The company beat EPS expectations by a penny, and said it now has 325 million paid subscribers and a worldwide total audience nearing 1 billion. Its 2026 revenue outlook, of between $50.7 billion and $51.7 billion, was right on target.  

Still, investors are worried that the Warner Bros. deal will force Netflix to compete outside its lane, causing management to lose focus. The fact that Netflix will temporarily halt its share buybacks in order to accumulate cash to help finance the deal, as it disclosed towards the bottom of Tuesday’s shareholder letter, probably didn’t help matters. 

And given that there’s a rival offer for Warner Bros from Paramount Skydance, it’s not unreasonable for investors to worry that Netflix may be forced into an expensive bidding war. (Even though Warner Brothers Discovery has accepted the Netflix offer over Paramount’s, no one believes the story is over—not even Netflix, which updated its $27.75 per share offer to all-cash, instead of stock and cash, hours earlier on Tuesday in order to provide WBD shareholders with “greater value certainty.”) 

Investors are wary; will regulators balk?

Warner Brothers investors are not the only audience that Netflix needs to win over. The deal must be blessed by antitrust regulators—a prospect whose outcome is harder to predict than ever in the Trump administration.

Sarandos and Peters laid out the case Tuesday for why they believe the deal will get through the regulatory process, framing the deal as a boon for American jobs.

“This is going to allow us to significantly expand our production capacity in the U.S. and to keep investing in original content in the long term, which means more opportunities for creative talent and more jobs,” Sarandos said.

Referring to Warner Brothers’ television and film businesses, he added that “these folks have extensive experience and expertise. We want them to stay on and run those businesses. We’re expanding content creation not collapsing it.”

It’s a compelling story. But the co-CEOs may have neglected to study the most important script of all when it comes to getting government approval in the current administration; they forgot to recite the Trump lines. 

The example has been set over the past 12 months by peers such as Nvidia’s Jensen Huang and Meta’s Mark Zuckerberg. The latter, with his company facing various federal regulatory threats, began publicly praising the Trump administration on an earnings call last January. 

And Nvidia’s Huang has already seen real dividends from a similar strategy. The chip company CEO has praised Trump repeatedly on earnings calls, in media interviews, and in conference keynote speeches, calling him “America’s unique advantage” in AI. Since then, the U.S. ban on selling Nvidia’s H200 AI chips to China has been rescinded. The praise may have been coincidental to the outcome, but it certainly didn’t hurt.

In contrast, the president went unmentioned on Tuesday’s call. How significant Netflix’s omission of a Trump call-out turns out to be remains to be seen; maybe it won’t matter at all. But it’s worth noting that its competitor for Warner Bros., Paramount Skydance, is helmed by David Ellison, an outspoken Trump supporter. 

It’s a storyline that Netflix should have seen coming, and itmay still send the company back to rewrite.



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Americans are paying nearly all of the tariff burden as international exports die down, study finds

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After nearly a year of promises tariffs would boost the U.S. economy while other countries footed the bill, a new study shows almost all of the tariff burden is falling on American consumers. 

Americans are paying 96% of the costs of tariffs as prices for goods rise, according to research published Monday by the Kiel Institute for the World Economy, a German think tank. 

In April 2025 when President Donald Trump announced his “Liberation Day” tariffs, he claimed: “For decades, our country has been looted, pillaged, raped, and plundered by nations near and far, both friend and foe alike.” But the report suggests tariffs have actually cost Americans more money.

Trump has long used tariffs as leverage in non-trade political disputes. Over the weekend, Trump renewed his trade war in Europe after Denmark, Norway, Sweden, France, Germany, the United Kingdom, the Netherlands, and Finland sent troops for training exercises in Greenland. The countries will be hit with a 10% tariff starting on Feb. 1 that is set to rise to 25% on June 1, if a deal for the U.S. to buy Greenland is not reached. 

On Monday, Trump threatened a 200% tariff on French wine, after French President Emmanuel Macron refused to join Trump’s “Board of Peace” for Gaza, which has a $1 billion buy-in for permanent membership. 

“The claim that foreign countries pay these tariffs is a myth,” wrote Julian Hinz, research director at the Kiel Institute and an author of the study. “The data show the opposite: Americans are footing the bill.” 

The research shows export prices stayed the same, but the volume has collapsed. After imposing a 50% tariff on India in August, exports to the U.S. dropped 18% to 24%, compared to the European Union, Canada, and Australia. Exporters are redirecting sales to other markets, so they don’t need to cut sales or prices, according to the study.

“There is no such thing as foreigners transferring wealth to the U.S. in the form of tariffs,” Hinz told The Wall Street Journal

For the study, Hinz and his team analyzed more than 25 million shipment records between January 2024 through November 2025 that were worth nearly $4 trillion.They found exporters absorbed just 4% of the tariff burden and American importers are largely passing on the costs to consumers. 

Tariffs have increased customs revenue by $200 billion, but nearly all of that comes from American consumers. The study’s authors likened this to a consumption tax as wealth transfers from consumers and businesses to the U.S. Treasury.   

Trump has also repeatedly claimed tariffs would boost American manufacturing, butthe economy has shown declines in manufacturing jobs every month since April 2025, losing 60,000 manufacturing jobs between Liberation Day and November. 

The Supreme Court was expected to rule as soon as today on whether Trump’s use of emergency powers to levy tariffs under the International Emergency Economic Powers Act was legal. The court initially announced they planned to rule last week and gave no explanation for the delay. 

Although justices appeared skeptical of the administration’s authority during oral arguments in November, economists predict the Trump administration will find alternative ways to keep the tariffs.



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Selling America is a ‘dangerous bet,’ UBS CEO warns as markets panic

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Investors are “selling America” in spades Tuesday: The 10-year Treasury yield is at its highest point since August; the U.S. dollar slid; and the traditional safe-haven metal investments—gold and silver—surged once again to record highs.

The CEO of UBS Group, the world’s largest private bank, thinks this market is making a “dangerous bet.”

“Diversifying away from America is impossible,” UBS Group CEO Sergio Ermotti told Bloomberg in a television interview at the World Economic Forum in Davos, Switzerland, on Tuesday. “Things can change rapidly, and the U.S. is the strongest economy in the world, the one who has the highest level of innovation right now.” 

The catalyst for the selloff was fresh escalation from U.S. President Donald Trump, who has threatened a 10% tariff on eight European allies—including Germany, France, and the U.K.—unless they cede to his demands to acquire Greenland.

Trump also threatened a 200% tariff on French wine and Champagne to pressure French President Emmanuel Macron to join his Board of Peace. Trump’s favorite “Mr. Tariff” is back, and bond investors are unhappy with the volatility.

But if investors keep getting caught up in the volatility of day-to-day politics and shun the U.S., they’ll miss the forest for the trees, Ermotti argued. While admitting the current environment is “bumpy,” he pointed to a statistic: Last year alone, the U.S. created 25 million new millionaires. For a wealth manager like UBS, that is 1,000 new millionaires a day. To shun that level of innovation in U.S. equities for gold would be a reactionary move that ignores the long-term innovation of the U.S. economy. 

“We see two big levers: First of all, wealth creation, GDP growth, innovation, and also more idiosyncratic to UBS is that we see potential for us to become more present, increase our market share,” Ermotti said. 

But if something doesn’t give in the standoff between the European Union and Trump, there could be potential further de-dollarization, this time, from Europe selling its U.S. bonds, George Saravelos, head of FX research at Deutsche Bank, wrote in a note Sunday. Indeed, on Tuesday, Danish pension funds sold $100 million in U.S. Treasuries, allegedly owing to “poor” U.S. finances, though the pension fund’s chief said of the debacle over Greenland: “Of course, that didn’t make it more difficult to take the decision.” 

Europe owns twice as many U.S. bonds and equities as the rest of the world combined. If the rest of Europe follows Denmark’s lead, that could be an $8 trillion market at risk, Saravelos argued. 

“In an environment where the geo-economic stability of the Western alliance is being disrupted existentially, it is not clear why Europeans would be as willing to play this part,” he wrote. 

Back in the U.S., the markets also sold off as the Nasdaq and S&P both fell 2% Tuesday, already shedding the entirety of Greenland’s value on Trump’s threats, University of Michigan economist Justin Wolfers noted. Analysts and investors are uneasy, given the history of Trump declaring a stark tariff before negotiating with the country to take it down, also known as the “TACO”—Trump always chickens out—effect. Investors have been “burnt before by overreacting to tariff threats,” Jim Reid of Deutsche Bank noted. That’s a similar stance to the UBS bank chief: If you react too much to headlines, you’ll miss the great innovation that’s pushed the stock market to record highs for the past three years.

“I wouldn’t really bet against the U.S.,” he said.



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