Tue.Sep 24, 2024

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The Modern Risk Review

Harvard Corporate Governance

Posted by Deborah Beckmann, Phillip Pennell, and Mia Schiel, Semler Brossy LLC, on Tuesday, September 24, 2024 Editor's Note: Deborah Beckmann is a Managing Director, Phillip Pennell is a Principal, and Mia Schiel is a Senior Associate Consultant at Semler Brossy LLC. This post is based on their Semler Brossy memorandum. Executive compensation can be a sensitive issue at the best of times, but particularly when governance failures allow executives to realize substantial rewards in cases of gross

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American Society of Appraisers (ASA) 2024 International Conference

BVR

I had the pleasure of attending the 2024 ASA International Conference in Portland, Ore., September 15 to 19. This was my first time to visit Portland, Ore., and I found it to be a very pleasant and attractive place to be. The conference was held at the Downtown Hilton in Portland.

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DOJ & SEC Bring Enforcement Actions Against Short Sellers

Harvard Corporate Governance

Posted by Maia Gez, Scott Levi, and Tami Stark, White & Case LLP, on Tuesday, September 24, 2024 Editor's Note: Maia Gez , Scott Levi , and Tami Stark are Partners at White & Case LLP. This post is based on a White & Case memorandum by Ms. Gez, Mr. Levi, Ms. Stark, Michelle Rutta , and Jason Ho. The US Securities and Exchange Commission (SEC) and the US Department of Justice (DOJ) recently announced parallel actions against an activist short seller and his firm, charging them with m

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Advancing inclusive care pathways for people with disabilities

Mckinsey and Company

Across disease types, patients with disabilities experience inequities all along the care pathway—with consequently worse outcomes. Inclusive pathway designs and targeted interventions could help.

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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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Risk, the Limits of Financial Risk Management, and Corporate Resilience

Harvard Corporate Governance

Posted by René M. Stulz (Ohio State University), on Tuesday, September 24, 2024 Editor's Note: René M. Stulz is the Everett D. Reese Chair of Banking and Monetary Economics at the Fisher College of Business at The Ohio State University. This post is based on his working paper. In managing their risk, firms can mitigate some risks they are exposed to using financial instruments instead of changing their operations.

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5 issues to be aware of when planning your joint venture [infographic]

JPAbusiness

If you are considering entering into a joint venture, we have created the following infographic t o help you. The infographic lists five issues to be aware of and which should be raised with all parties early in the planning and negotiation stages.

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A Well-Equipped Remote Workforce

Machen McChesney

Companies and workers had to rapidly adjust and improvise during the first months of the COVID-19 pandemic. Now that work-from-home routines and policies have become more established, employers are creating policies to provide their remote employees with tools for productivity and comfort.

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Can Andrea Orcel be stopped from buying Commerzbank?

Financial Times M&A

UniCredit chief faces stiff opposition from German government and irritation within the ECB

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Smartsheet To Be Acquired By Blackstone, Vista In $8.4B Deal: Details

Benzinga

Smartsheet Inc. (NYSE: SMAR ) shares are trading higher on Tuesday after funds managed by Blackstone Inc. (NYSE: BX ) and Vista Equity Partners disclosed they are acquiring the company for around $8.4 billion in cash. As per the terms, the companies will fully acquire Smartsheet shares for $56.50 per share in cash at the closing of the proposed transaction.

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Building an AI-ready firm: Strategies for responsible integration and growth

ThomsonReuters

Jump to ↓ Understanding AI’s impact Step 1: Cultivating an AI-savvy culture Step 2: Developing an AI roadmap Step 3: Implementing AI responsibly Are you ready to become an AI-ready firm? As AI becomes an integral piece of everyday workflow for professionals across all industries, many accounting firms are finding ways to leverage this game-changing technology for increased efficiencies, deeper insights, and a competitive edge.

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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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Acquisition Has Other Brazil Lithium Cos. Wondering Who's Next

Benzinga

Source: Streetwise Reports 09/20/2024 In Brazil's emerging lithium sector, a US$370 million acquisition of a local company has other junior explorers the wondering if they could be next. Lithium prices have been on quite the roller coaster. After peaking at a high of over US$79,637 per ton in 2022 on the back of the battery power needed for electric vehicles (EVs) and the energy transition, they hit their lowest point in three years in 2024 after EV sales didn't soar as high as expected.

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Antitrust Cases and Monopoly Lawsuits: Here Are Major Companies Sued by the U.S.

NYT M&A

Below are 15 major cases brought by the Justice Department and Federal Trade Commission since late 2020, as President Biden’s top antitrust enforcers have promised to sue monopolies and block big mergers.

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The next era of private credit

Mckinsey and Company

A new private credit ecosystem is emerging across asset managers, banks, and insurers. Here’s what it means for the industry.

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DuPont Employee Defends Mass Email In ERISA Trial

Law 360 M&A

A DuPont employee was scrutinized on the witness stand Tuesday for the way a worker learned about how the chemical company's merger with Dow would impact their benefits, with a judge calling a heavily redacted trial exhibit useless and a plaintiffs' attorney quizzing her on basic email functions.

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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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How is GenAI reshaping the auditor’s skill set?

ThomsonReuters

← Blog home In the evolving landscape of auditing, the integration of Generative AI (GenAI) is reshaping the skill set required for audit professionals. As we delve into this transformation, it’s crucial to understand the new competencies that will keep professionals ahead in their field. Highlights: GenAI is reshaping the auditor’s skill set, requiring professionals to develop critical thinking, technical knowledge, and regulatory compliance expertise.

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Chancery Told SwervePay Deserves Sanctions In Earnout Suit

Law 360 M&A

A court-appointed special magistrate has recommended sanctioning e-payment venture SwervePay and related parties over up to 22 months of missing or deleted text messages sought by SPOSC Investment Holdings and others in a post-merger battle over an alleged multibillion-dollar overstatement of "monetizable" payment traffic.

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Diamondback Energy, Kinetik Strengthen Stake In EPIC Crude With New Deal And Long-Term Commitments

Benzinga

Diamondback Energy, Inc. (NASDAQ: FANG ), Kinetik Holdings Inc. (NYSE: KNTK ), and EPIC Midstream Holdings disclosed a series of transactions to enhance the growth and financial profile of EPIC Crude Holdings, LP. As part of the deal, Diamondback and Kinetik acquired a 30% equity interest in EPIC Crude, with each now owning 27.5% of the company. EPIC Midstream holds a 45% equity interest in EPIC Crude and manages its operations.

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ATI To Pay $31M In SPAC Merger Litigation Settlement

Law 360 M&A

An Illinois federal judge on Tuesday approved ATI Physical Therapy Inc.'s $31 million deal to resolve stockholder and derivative accusations that the company's top brass hid attrition issues to get shareholder approval of ATI's merger with Wilco Holding Inc.

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Generations Bancorp's $26.2M Sale To ESL Federal: Big Payouts Await Shareholders As Bank Prepares For Liquidation

Benzinga

Generations Bancorp NY, Inc. (NASDAQ: GBNY ) shares are trading higher premarket Tuesday. The company agreed to sell most of its assets and liabilities, including deposits, to ESL Federal Credit Union for $26.2 million in cash. Generations Bank will retain its equity at the effective time of the P&A transaction, with some adjustments. The Boards of Directors of ESL Federal Credit Union and Generations unanimously approved the transaction.

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Dish Slams 'Entitled' Standard General Exec's Race Bias Suit

Law 360 M&A

Dish Network has called for sanctions against Soo Kim, his hedge fund Standard General and their attorneys, calling Kim's racial discrimination suit against Dish, the Federal Communications Commission and a collection of other media players "an expensive temper tantrum.

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Business Valuation for Selling an Auto Parts Wholesale Business

Peak Business Valuation

If you own an auto parts wholesale business , you have a rare opportunity to capitalize on the multi-billion dollar automotive industry. As vehicles age and car accidents remain prevalent, this industry retains steady demand. As such, now may be the best time to sell an auto parts wholesale business. But before you take the next step, consider obtaining a business valuation.

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Everton Finds New Buyer In US Billionaire

Law 360 M&A

The company controlled by U.S. billionaire businessman Dan Friedkin has agreed to take a majority stake in Everton Football Club in a move that comes after a prior Everton sale fell through amid legal troubles for the buyer.

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Author Talks: The fight for fairness at work

Mckinsey and Company

Among many educated women, hard-won workplace gains appear to be waning. Why—and what does this mean for organizational performance?

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Bradley Hires Real Estate And Corporate Partner In Miss.

Law 360 M&A

Bradley Arant Boult Cummings LLP hired ex-Balch & Bingham LLP partner M. Patrick Everman as a partner for its real estate and corporate and securities teams in its office in Jackson, Mississippi, the firm announced.

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Lockheed Martin’s Stacy Kubicek on using multidomain tech in defense

Mckinsey and Company

Whether they are monitoring threats or involved in active operations, a country’s defense forces must remain connected and unified, which can be achieved through multidomain technology.

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King & Spalding, Skadden Rep $1.7B DE Shaw-Macquarie Deal

Law 360 M&A

Australian investment firm Macquarie Asset Management, advised by King & Spalding LLP, on Tuesday announced that it has agreed to take a "significant" majority stake in renewable energy company D.E. Shaw Renewables Investment Group, led by Skadden Arps Slate Meagher & Flom LLP, for up to $1.725 billion.

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Valuation horror stories and how to avoid them

Vested

Learn from real-world startup valuation pitfalls and discover strategies to avoid common mistakes that can drastically affect your company's worth.

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7 Attys In M&A, Real Estate Join Jones Walker In New Orleans

Law 360 M&A

Jones Walker LLP announced that seven attorneys focused on mergers and acquisitions and real estate law from New Orleans firm Fishman Haygood LLP joined the firm's corporate practice.

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SEC Gives Testimony to U.S. House Committee on Financial Services

Reynolds Holding

Good morning, Chairman McHenry, Ranking Member Waters, and members of Committee. Thank you for the opportunity to testify before you today about the work of the U.S. Securities and Exchange Commission. The SEC at 90 Years At the SEC, we celebrated our 90th birthday earlier this year. In the aftermath of the 1929 market crash and the frauds, scams, and other observed problems in the securities markets, President Franklin Roosevelt came together with Congress to enact a series of securities laws i

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Presidents And Precedents May Direct Khan's Future Course

Law 360 M&A

While the Sept. 25 technical expiration of Federal Trade Commission Chair Lina Khan's term demands no immediate action, it does invite an analysis of commission policy and post-election possibilities, says Richard Dagen of Axinn, and a former FTC official.

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How IRS Monitoring Increases Corporate Non-Financial Misconduct

Reynolds Holding

The Internal Revenue Service (IRS) routinely monitors public companies to assess compliance with tax laws. The frequency of this monitoring is expected to increase significantly since the IRS recently announced its updated Strategic Operating Plan associated with the Inflation Reduction Act. In response to IRS monitoring, companies may incur costs that result from complying with the monitoring efforts and paying any additional taxes, penalties, or fees due.

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Dealmakers Lessons From CFIUS' New Enforcement Webpage

Law 360 M&A

The Committee on Foreign Investment in the United States’ recently launched webpage, which details the actions — and inactions — that led to enforcement activity, provides important insights for dealmakers about filing requirements, mitigation commitments and the cost of noncompliance, say attorneys at Dechert.

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Court Approves Complete Solar Purchase of SunPower Assets

Benzinga

LEHI, Utah, Sept. 24, 2024 (GLOBE NEWSWIRE) -- Complete Solar Holdings, Inc. d/b/a Complete Solar ("Complete Solar" or the "Company") (NASDAQ: CSLR ), a solar technology, services, and installation company, today announced that the United States Bankruptcy Court for the District of Delaware has approved the going concern sale of substantially all assets of the Blue Raven, New Homes and Dealer businesses of SunPower Corporation and certain of its affiliates to Complete Solar for $45 million in ca

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Why Now Is The Time For Law Firms To Hire Lateral Partners

Law 360 M&A

Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

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