Mon.Aug 12, 2024

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Imputing Proxy Advisor Recommendations

Harvard Corporate Governance

Posted by Jonathon Zytnick (Georgetown University), on Monday, August 12, 2024 Editor's Note: Jonathon Zytnick is an Associate Professor of Law at Georgetown University Law Center. This post is based on his recent working paper. The recommendations of proxy advisors are the subject of extensive academic research. Yet in recent years, proxy advisor recommendations have become largely unavailable for use in academic research.

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German healthcare in the postpandemic era: Physician insights

Mckinsey and Company

A survey of doctors in Germany offers insights into how they feel their work has changed since the COVID-19 pandemic began, where their challenges lie, and what solutions could help overcome them.

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Special Committee Midyear Report

Harvard Corporate Governance

Posted by Gregory Gooding, William Regner, and Andrew Bab, Debevoise & Plimpton LLP, on Monday, August 12, 2024 Editor's Note: Gregory V. Gooding , William Regner , and Andrew Bab are Partners at Debevoise & Plimpton LLP. This post is based on a Debevoise memorandum by Mr. Gooding, Mr. Regner, Mr. Bab, Caitlin Gibson , and Matthew Ryan , and is part of the Delaware law series ; links to other posts in the series are available here.

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Deconstructing silos to discover savings: The end-to-end excellence playbook for retailers

Mckinsey and Company

Some of retailers’ most pernicious operational problems can be solved with an end-to-end transformation. Here’s what they need to do.

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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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PE Firms Aim To Escape RICO Suit Over Inadequate Claims

Law 360 M&A

Investment firms Advantage Capital Holdings and 777 Partners separately have asked a federal judge in New York to toss a Racketeer Influenced and Corrupt Organizations suit whose allegations include fraud, saying the plaintiff failed to sufficiently plead its claims.

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Comment on Lack of Fee Transparency: Exposing the AMC Exploitation by Coleen Courtney-Morrison,

Appraisers Blog

In reply to Desiree Mehbod. Desiree , I am still appraising, but I am on the MD State Appraiser’s Board, so I am unable to teach while I serve. I am in my second term, which ends this year, so not sure if I will pick up teaching again. I may just write articles or courses. Who knows what our futures hold sometimes. Again, I am so happy to see your growth.

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Comment on Lack of Fee Transparency: Exposing the AMC Exploitation by Desiree Mehbod

Appraisers Blog

In reply to Coleen Courtney-Morrison, Coleen, I have such fond memories of your classes at NOVA when I was a trainee – your instruction was incredibly valuable, and I still recall that time as if it were yesterday, even though the appraisal industry has changed so much since then. I’m curious, are you still teaching or appraising today?

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Valuation Methodologies and Approaches

BV Specialists

When accredited/certified appraisers value businesses, equipment, and personal property, they are taught to consider and ultimately rely on a consistent set of approaches and methodologies, regardless of the industry or type of asset being appraised. This fundamental component of professional valuation principles may be the most important topic to understand in the valuation field.

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Comment on Lack of Fee Transparency: Exposing the AMC Exploitation by Pat Turner

Appraisers Blog

AMCs exploit consumers' lack of knowledge by charging exorbitant prices for appraisals while concealing the true cost from borrowers.

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Take Charge of Working Capital Management

Machen McChesney

Proactive working capital management is essential to successful business operations. However, on average, businesses aren’t managing their working capital as efficiently as they have in the past, according to a new study by The Hackett Group, a digital transformation and AI strategy consulting firm.

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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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Private REITS Were a Hot Investment Trend, but They’ve Lost Some Appeal

NYT M&A

Drawn by the opportunity to invest with private equity firms, small investors rushed into real estate investment trusts. But the funds have lost some appeal as interest rates have climbed.

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The End of Chevron Deference: What It Means for Banking Regulation

N Contracts

In a landmark decision this year, the Supreme Court overturned the long-standing Chevron doctrine, fundamentally reshaping how courts will interpret federal agency regulations - including those impacting the banking industry.

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MarketWise Drops Over 25% After CEO Resigns: Sale Of His Porter & Co. To Company 'Like Trying To Share A Ham Sandwich With A Pit Bull'

Benzinga

Porter Stansberry resigns as chairman and CEO of MarketWise, causing a 25% drop in stock. He blames legal issues for not completing sale of his company to MarketWise. MarketWise Inc. (NASDAQ: MKTW ) shares plummeted more than 25% since its founder Porter Stansberry announced on X on Friday evening he was resigning from the company as its chairman and CEO.

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Does internal audit have the budget it needs? If not, why not?

Norman Marks

I recently got into a debate with a friend (a former CAE) about whether internal audit is prevented from doing its full job because of its SOX testing demands. This seems to be a topic that won’t die – although it should!

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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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Driving Growth Through Digital Transformation in M&A

Sun Acquisitions

In today’s fast-paced business environment, digital transformation has become more than just a buzzword—it’s a strategic imperative for organizations looking to stay competitive and relevant. As companies embrace digitalization to drive innovation and efficiency, the role of digital transformation in mergers and acquisitions (M&A) has become increasingly prominent.

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Why Indian billionaire Sunil Bharti Mittal reconnected with BT

Financial Times M&A

UK telco used to own 21 per cent of Bharti’s group. The roles are now reversed.

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Nasdaq Isn't Immune From Racial Bias Claims, Investor Says

Law 360 M&A

The Nasdaq Stock Market isn't immune from racial discrimination claims because such claims are "simply too different" from the claims it actually is protected from as a self-regulatory organization, an investor in a minority-led special purpose acquisition company has argued.

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Mercer Capital to Sponsor and Attend the 42nd Annual Attorney/Trust Officer Liaison Conference

Auto Dealer Valuation Insights

Mercer Capital is proud to sponsor and attend the 42nd Annual Attorney/Trust Officer Liaison Conference. The conference will be held August 15-17, 2024, at the Breakers in Palm Beach, Florida, and is presented by the Real Property, Probate, and Trust Law Section of The Florida Bar. Mercer Capital’s Nicholas J. Heinz, ASA and Thomas G. Kasierski will be attending and exhibiting.

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DOJ Says Live Nation NY Suit 'Far Beyond' DC Merger Deal

Law 360 M&A

The U.S. Department of Justice has urged a New York federal judge not to transfer its antitrust suit against Live Nation, arguing its allegations go well beyond the 2010 deal clearing the purchase of Ticketmaster, a deal Live Nation says warrants sending the case to Washington, D.C.

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How the Connelly Case Could Impact Your Company Stock Redemptions

Trout CPA

Written by W. Michael Wolfe, CPA/ABV, CVA and Aaron Fleitman, ASA, ABV Summary On June 6, 2024, the Supreme Court ruled on the Estate of Michael P. Connelly, Sr. v. United States, regarding a number of key estate planning issues that could impact business owners nationwide. While every case and estate have unique factors that can impact valuation, planning, and execution, the Connelly case has points that may be helpful in your planning.

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Skadden Reps WSP In $1.8B Buy Of Power Engineers

Law 360 M&A

Canadian consulting firm WSP Global Inc., represented by Skadden Arps Slate Meagher & Flom LLP, announced Monday that it is poised to acquire Katten Muchin Rosenman LLP-led U.S. firm Power Engineers Inc. for nearly $1.8 billion.

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Noninvasive Treatment Provider Neuronetics Agrees To Merge With Canadian Firm Greenbrook TMS; Reports Q2 Earnings And Guidance Below Expectations

Benzinga

On Monday, Neuronetics Inc. (NASDAQ: STIM ), a provider of noninvasive treatments for psychiatric disorders, agreed to acquire Greenbrook TMS Inc. (OTC: GBNHF ) in an all-stock transaction. In fiscal year 2023, the combined company’s pro forma revenue would have been approximately $145 million, effectively doubling the scale of the stand-alone businesses.

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Asian Streaming Platform Plans US Listing Via SPAC Merger

Law 360 M&A

Asia-focused animation and streaming platform Global IBO Group Ltd. plans to go public in the U.S. at an estimated $8.3 billion valuation by merging with special purpose acquisition company Bukit Jalil Global Acquisition 1 Ltd., under guidance from two law firms.

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The 10 Most Common Questions New Business Owners Ask in Sarasota & Venice

Hallmark Brokers

Buying a business is an exciting yet daunting venture. If you’re considering taking the leap in the vibrant Sarasota and Venice area, you’re likely brimming with questions. To help guide you, Hallmark Business Brokers has compiled a list of the 10 most common questions we hear from aspiring entrepreneurs. 1. What type of business should. Read more The post The 10 Most Common Questions New Business Owners Ask in Sarasota & Venice appeared first on Hallmark Brokers.

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Nokia Resets Merger Review Clock For $2.3B Infinera Deal

Law 360 M&A

Nokia has agreed to give the U.S. Department of Justice more time to review its planned $2.3 billion purchase of Silicon Valley optical-transmission equipment maker Infinera for potential competition concerns.

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Gold Fields Acquires Osisko Mining for $1.57B, Secures Control Over Highly Prospective Windfall Project

Benzinga

Gold Fields (NYSE: GFI ) is acquiring Canadian Osisko Mining (OTC: OBNNF ) for $1.57 billion in cash. This acquisition gives the South African-based miner full ownership of the Windfall Project in Quebec, one of the developing highest-grade gold deposits. "We are pleased to consolidate the remaining 50% interest in Windfall and its highly prospective exploration camp," said Gold Fields CEO Mike Fraser.

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NJ Health System Wants Proskauer DQ'd From Antitrust Case

Law 360 M&A

Proskauer Rose LLP is facing accusations that it should be disqualified from representing one of New Jersey's largest healthcare systems in an antitrust lawsuit brought by a competitor that was once a client of the firm.

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Business Valuation for Buying a Machine Shop

Peak Business Valuation

Are you looking to buy a machine shop ? Several industries rely on machine shops to produce components that are essential for their products and services. For instance, the aerospace and automotive industries need machine shops to create precise vehicle parts. As such, there is a healthy demand for machine shops, and operating one can be lucrative. If you want to tap into this industry, buying a machine shop may be the best move for you.

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King & Spalding Adds Freshfields M&A Ace In Silicon Valley

Law 360 M&A

King & Spalding LLP is expanding its corporate team, announcing Monday it is bringing in a Freshfields Bruckhaus Deringer LLP mergers and acquisitions expert as a partner in its Silicon Valley office.

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AMA: Yoma James Kukor, co-founder of Vendoir

Vested

Launched in 2020, Vendoir was born from a shared frustration of booking event suppliers. Co-founder Yoma James Kukor talks us through their journey so far.

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Scotiabank Lands Minority Stake In KeyCorp In $2.8B Deal

Law 360 M&A

Scotiabank, advised by Cravath Swaine & Moore LLP, has agreed to invest roughly $2.8 billion in Sullivan & Cromwell LLP-led KeyCorp in order to take a minority ownership stake in the financial services company, the two companies announced in separate Monday statements.

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Unpacking the transformative power of AI for energy and utilities

Avanade

In our recent UK and Ireland event, leaders from the Energy and Utilities sector gathered to explore how AI can drive immediate, transformative change.

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Del. Dispatch: Director Caremark Claims Need Extreme Facts

Law 360 M&A

The Delaware Court of Chancery recently dismissed Caremark claims against the directors of Centene Corp. in Bricklayers Pension Fund of Western Pennsylvania v. Brinkley, indicating a high bar for a finding of the required element of bad faith for Caremark liability, and stressing the need to resist hindsight bias, say attorneys at Fried Frank.

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Janus Henderson expands private credit footprint with stake in $6bn boutique

Financial Times M&A

Asset manager’s investment in alternatives firm Victory Park Capital underscores growing investor demand

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