Tue.Oct 15, 2024

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2024 proxy season review

Harvard Corporate Governance

Posted by Chuck Callan and Mike Donowitz, Broadridge, on Tuesday, October 15, 2024 Editor's Note: Chuck Callan is a Senior Vice President of Regulatory Affairs and Mike Donowitz is a Vice President Regulatory Affairs at Broadridge Financial Solutions. This post is based on their Broadridge memorandum. Highlights from the 2024 proxy season Across both retail and institutional segments of shareholders, there was an increase in voting support for corporate directors and Say-on-Pay, along with a con

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Reimagining US employer health benefits with innovative plan designs

Mckinsey and Company

The US employer health benefits market has the opportunity to attract some 12 million members by offering innovative products that promise at least 10 percent savings and enhanced member experiences.

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Trending Sources

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Washington Post C.E.O. Elevates Deal-Making to a Top Priority

NYT M&A

Will Lewis has said he has a mandate from the paper’s owner, Jeff Bezos, to grow the business, including through acquisitions.

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What the real estate industry needs to know about data centers

Mckinsey and Company

McKinsey senior partner Pankaj Sachdeva discusses how real estate companies can capture opportunities in the data center industry.

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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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Microsoft Settles Antitrust Lawsuit Filed By Gamers Over Activision Blizzard Acquisition

Benzinga

Microsoft Corp. (NASDAQ: MSFT ) settled an antitrust lawsuit filed by a group of gamers opposing its $69 billion acquisition of Activision Blizzard. This 2022 lawsuit raised concerns about the potential monopolistic consequences of the merger on the video game industry. The case, which was dismissed with prejudice, cannot be refiled, according to The Wrap.

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The McKinsey Crossword: Executive Order | No. 202

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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Secondary sales of private equity stakes set for record levels amid cash crunch

Financial Times M&A

Once-niche market sees surge in activity with investors looking for an exit from ageing assets as deal activity slumps

Equity 108
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5 indicators of a 'healthy' balance sheet [infographic]

JPAbusiness

Many business owners, in small and large firms, don’t really focus on their balance sheet. They look at their profit and loss and, if they’re making a profit, they think ‘everything’s fine’. From our experience, the balance sheet of a business is often the key to its success. This is because a healthy balance sheet is often the key to being able to withstand shocks ; it gives financiers the confidence to support your business with additional funds when things are tight.

Banking 77
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Your Government Contracting Business Has Outgrown QuickBooks. Now What?

Gross Mendelsohn

As a government contracting business, you rely on your accounting system to be reliable, accurate and encompass all your accounting needs. For most government contracting businesses first starting out, QuickBooks is a simple and affordable accounting system. But what happens when your business grows exponentially, and you go from a company making thousands of dollars to millions and your business has outgrown QuickBooks?

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DOJ Fines Credit Union for $6.5 Million in Redlining Settlement

N Contracts

Redlining is a credit union problem, too. That’s the clear message the Department of Justice sent this month in its first-ever redlining settlement with a credit union.

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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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Comment on How Deep Fakes Have Burrowed Into Home Finance by Baggins

Appraisers Blog

In reply to Dave. Hi there Dave. We’re probably in more agreement with each other then not. Specifically I was trying to provide summary technical explanations for the primary articles complex subject matter; (article quote) ‘Fannie Mae and Freddie Mac have been waiving home appraisals in favor of computer models.’ For political activity influencing the appraisal industry, ongoing through multiple administrations over a long period of time.

Finance 68
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Brussels seeks powers to block ‘killer acquisitions’ in Europe and beyond

Financial Times M&A

Reforms would allow EU regulator to intervene on takeover deals where companies try to stymie smaller rivals

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Profits Leap at Goldman Sachs as Banks See Steady Economy

NYT M&A

The investment bank earned more than expected in the latest quarter, a theme for other big banks, too.

Banking 92
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Sanofi Might Face Political Hurdles In $16B Consumer Pharma Unit Sale To US Private Equity CD&R

Benzinga

Last week, Sanofi SA (NASDAQ: SNY ) said it is negotiating with Clayton Dubilier & Rice (CD&R) to potentially sell a 50% controlling stake in Opella, its consumer healthcare business. The deal could be valued at about 15 billion euros ($16.4 billion), making it one of the largest European transactions this year. Sanofi is likely to retain a minority stake in the Opella business.

Equity 59
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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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Unveiling the Secret Weapon of Smart M&A Deals: The Power of a Strong Negotiating Team

Sun Acquisitions

In the high-stakes arena of mergers and acquisitions (M&A), success hinges not only on the strategic vision and financial acumen of dealmakers but also on the strength of the negotiating team. While much attention is often given to valuation, due diligence, and legal considerations, the composition and capabilities of the negotiating team are frequently overlooked.

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France warns it could block €15.5bn Sanofi consumer health deal

Financial Times M&A

Proposed sale of controlling stake to US private equity group has sparked backlash in country

Equity 93
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Nonprofits face unique challenges with cybersecurity

LaPorte

(authored by RSM US LLP) Nonprofits face unique challenges with cybersecurity, but they can adopt certain best practices to strengthen their protection. The post Nonprofits face unique challenges with cybersecurity first appeared on LaPorte.

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Santander Settles Investors' Squeeze-Out Suit For $162.5M

Law 360 M&A

Santander Consumer USA Holdings Inc. has agreed to shell out $162.5 million to put to rest stockholders' consolidated class action challenging a $2.5 billion minority squeeze-out merger, according to a stipulation filed Monday in Delaware's Court of Chancery.

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Calhoun and Harkins to Present at the 2024 AAML Florida Chapter Retreat

Auto Dealer Valuation Insights

Karolina Calhoun, CPA, ABV, CFF and David W. R. Harkins, CFA, ABV are presenting with Alex Krasnomowitz of Smolin at the 2024 AAML Florida Chapter Retreat on October 19, 2024, in Memphis, Tennessee. Their presentation is titled “Expert Valuation Reports – Where’s the Battle?

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Finnish Sports Biz Wins Asset Freeze In $1.2M NHL Deal Suit

Law 360 M&A

A Massachusetts federal judge on Tuesday granted a Finland-based sports management company's request to freeze the assets of the American owner behind a shuttered agency that represented hockey players while it pursues litigation seeking more than $1.2 million owed from a deal to represent Finnish players in the NHL.

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LaPorte Named to ‘Best Places to Work’ and ‘Top Workplaces’ Lists in Local Publications

LaPorte

LaPorte CPAs & Business Advisors (LaPorte) is proud to announce that it has been named to the Baton Rouge Business Report’s ‘Best Places to Work’… The post LaPorte Named to ‘Best Places to Work’ and ‘Top Workplaces’ Lists in Local Publications first appeared on LaPorte.

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Gamers End Challenge Of Microsoft's $69B Activision Deal

Law 360 M&A

Microsoft reached an agreement ending a challenge from a group of gamers targeting its $69 billion deal for Activision Blizzard as a merger challenge from the Federal Trade Commission remains pending at the Ninth Circuit.

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CFPB’s Proposed EWA Rule Sparks Debate

ThomsonReuters

At the end of August 2024, the comment period ended for the Consumer Financial Protection Bureau’s (CFPB) proposed rule to clarify when certain paycheck advance products, including those marketed as “earned wage access,” are subject to Truth in Lending Act (TILA) and Regulation Z requirements. Jump to ↓ EWA market growth and adoption CRS insights on EWA regulation Industry response and perspective on CFPB’s proposal Critiques of CFPB’s interpretation of EWA EWA in t

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To Report Or Not To Report Others' Export Control Violations

Law 360 M&A

A recent Bureau of Industry and Security enforcement policy change grants cooperation credit to those that report violations of the Export Administration Regulations committed by others, but the benefits of doing so must be weighed against significant drawbacks, including the costs of preparing and submitting a report, says Megan Lew at Cravath.

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Bit Digital Stock Is Rising Tuesday: What's Driving The Action?

Benzinga

Bit Digital Inc (NASDAQ: BTBT ) shares are trading higher Tuesday. The company announced that it acquired a datacenter company to vertically integrate its high-performance computing (HPC) operations. What Happened: Bit Digital announced it acquired HPC datacenter company Enovum Data Centers for a total consideration of approximately CAD$62.8 million ($46 million).

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4 Firms Steer Ownership Shakeup At 'Dune' Movie Maker

Law 360 M&A

Legendary Entertainment has completed a buyout of Chinese company Wanda Group's remaining equity interest in the movie studio behind "Dune" and "Dune: Part Two," a deal that gives sole ownership of the company to Legendary's management and funds managed by affiliates of Apollo.

Equity 52
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Due diligence in investor syndicates: Balancing risk and reward

Vested

Learn the essentials of due diligence in investor syndicates, including the roles, processes, and strategies for balancing risk and reward in collaborative investments.

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Chancery Urged To Toss Smart & Final $1.1B Sale Challenge

Law 360 M&A

An attorney for funds of Ares Alternative Management Corp. told Delaware's chancellor on Tuesday a stockholder suit alleging breaches of fiduciary duty and corporate waste in a $1.1 billion sale of Smart & Final Stores Inc. failed to show disabling conflicts among company principals or advisers.

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Guggenheim caught in Starboard-Pfizer crossfire

Financial Times M&A

Plus, the private equity battle brewing in Paris and how Goldman impressed Wall Street

Equity 76
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With Esmark Case, SEC Returns Focus To Tender Offer Rules

Law 360 M&A

The U.S. Securities and Exchange Commission's recent enforcement action against Esmark in connection with its failed bid to acquire U.S. Steel indicates the SEC's renewed attention under Rule 14e‑8 of the Exchange Act on offerors' financial resources as a measure of the veracity of their tender offer communications, say attorneys at MoFo.

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Dechert Discusses ESG Factors in Private Credit

Reynolds Holding

Taking into account – and even seeking to influence –Environmental, Social and Governance (ESG) factors in investments in private assets has become significantly more common in recent years. However, the way in which investors can and should think about these factors differs between asset classes. Specifically, as ESG applies to private credit, conventional wisdom is that, due to the relative lack of direct control the lender has over the portfolio company’s business, the private credit investor

Finance 45
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Three Cos. Combine On $3.4B Texas Data Center Complex

Law 360 M&A

Blue Owl Capital, infrastructure firm Crusoe Energy Systems and investor Primary Digital Infrastructure said Tuesday they are pooling $3.4 billion to build a 1 million-square-foot data center campus in Abilene, Texas.

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How Mandatory ESG Disclosure Affects IPO Underpricing

Reynolds Holding

In a new paper, we discuss our findings on how ESG disclosure mandates affect IPO underpricing – the tendency of IPO share prices to jump on the first day of trading – which is a substantial cost of going public. Underpricing stems from the asymmetry of information among participants in the IPO process (Ritter and Welch, 2002; Ljungqvist, 2007). Because IPO firms are young, little information about them is available, and investors require IPO underpricing to help compensate for the risk this lac

Finance 59
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Wheel Pros Gets OK For $1.4B Equity-Swap Ch. 11 Plan

Law 360 M&A

A Delaware bankruptcy judge on Tuesday approved automotive wheel company Wheel Pros LLC's prepackaged Chapter 11 plan to swap $1.4 billion in senior secured debt for controlling equity in the company.

Equity 52