Thu.Feb 01, 2024

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Tornetta v. Musk: Post-Trial Opinion

Harvard Corporate Governance

Posted by Anna Restuccia (Harvard Law School), on Thursday, February 1, 2024 Editor's Note: This post provides the text of the post-trial opinion regarding the case between Richard J. Tornetta on behalf of Tesla, Inc. against Elon Musk, decided by the Delaware Court of Chancery on January 30, 2024. This post is part of the Delaware law series ; links to other posts in the series are available here.

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From trials to triumphs in building materials circularity: Takeaways from Davos

Mckinsey and Company

Demand for low-carbon buildings could be three times higher than supply, thereby driving the circular transition. This is just one finding from our panel on circularity in the built environment at the 2024 annual meeting of the World Economic Forum.

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How Do Consumers Use Firm Disclosure? Evidence from a Randomized Field Experiment

Harvard Corporate Governance

Posted by Maximilian Muhn, University of Chicago Booth School of Business, on Thursday, February 1, 2024 Editor's Note: Maximilian Muhn is an Assistant Professor of Accounting at the University of Chicago Booth School of Business. This post is based on a working paper by Professor Sinja Leonelli , Professor Muhn, Professor Thomas Rauter , and Professor Gurpal Sran.

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Here to stay: An attractive future for medical aesthetics

Mckinsey and Company

The medical-aesthetics sector shows strong resilience and room for strategic innovations in business models, product portfolios, and consumer targeting.

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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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Kellner v. AIM ImmunoTech, Inc. provides key guidance on advance notice bylaw provisions

Harvard Corporate Governance

Posted by Andrew Freedman, Lori Marks-Esterman, and Adrienne Ward, Olshan Frome Wolosky LLP, on Thursday, February 1, 2024 Editor's Note: Andrew Freedman is Co-managing Partner and Chair of Shareholder Activism Practice, Lori Marks-Esterman is Executive Committee Member and Chair of Litigation Practice, and Adrienne Ward is Partner at Olshan Frome Wolosky LLP.

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The state of Black residents: The relevance of place to racial equity and outcomes

Mckinsey and Company

At the current pace of change, it could take decades to improve outcomes for Black Americans and more than three centuries to get to racial parity. How can different types of communities move closer to delivering a better quality of life for all residents?

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Bankrupt Pharma Co. Impel Gets OK For $17.5M Sale

Law 360 M&A

Migraine-drug maker Impel Pharmaceuticals can proceed with its sale to JN Bidco LLC, which had made a $17.5 million stalking horse bid, U.S. Bankruptcy Judge Stacey G. Jernigan said at a hearing Thursday in a Texas bankruptcy court.

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Comment on AMCs Violating TILA and C&R Fee Clauses by Dave

Appraisers Blog

Here we go! Let’s all get behind this. Like others I have intentionally dramatically low balled request for bids only to see it go elsewhere – I mean redicuously low. Something is going on; and as all of you know, I think FANNIE is involved via Lyle Rieke.

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The Legal Industry Needs A Cybersecurity Paradigm Shift

Law 360 M&A

As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

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Comment on AMCs Violating TILA and C&R Fee Clauses by Anonymous

Appraisers Blog

In reply to Dave. That’s if they read the report into the addendum where it is listed. And if it doesn’t fully disclose Appraiser -$350, AMC – $750 then most don’t put two and two together. But, most states in the US have no fee disclosure requirements of any kind and realistically the fees need to be disclosed separately on the Settlement Statement to plainly spell it out.

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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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Transforming an oil and gas equipment leader: A case study

Mckinsey and Company

How one multinational services and equipment company embarked on a powerful transformation journey to overcome market challenges and position itself for a decarbonized future.

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Comment on AMCs Violating TILA and C&R Fee Clauses by Spencer Paul

Appraisers Blog

Are there any concerns about USPAP report and communication rules to stating what houses you have complete appraisal work on and your client lists? Also not every AMC discloses what they make each file. Class Valuation does not disclose this information. Frisco and Solidifi are the only ones that I work with that do. Any advise?

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Talent squeeze: Planning for the energy sector’s talent transition

Mckinsey and Company

Amid increased demand, an aging workforce, and decreased recruitment levels, the energy sector’s talent pool is under pressure. Five strategies can help executives fill their talent pipeline.

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Comment on AMCs Violating TILA and C&R Fee Clauses by Anonymous

Appraisers Blog

In reply to Seneca. The Interagency Appraisal and Evaluation Guidelines clearly state that the AMC is an agent of the bank/lender. And, the bank/lender is responsible for ensuring any 3rd party vendor they use for ordering appraisals complies with all federal laws. The AMC sets the fee to charge to the consumer and supplies a TRID that informs the lender what to disclose in the Good Faith Estimate.

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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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Mapping and Fair Lending: How the Agencies Use Your HMDA Data

N Contracts

The Agencies told us they use maps to prove redlining. Tell your HMDA compliance story visually with fair lending analytics mapping tools.

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Comment on AMCs Violating TILA and C&R Fee Clauses by Anonymous

Appraisers Blog

As a follow up, they want all AMC information regardless of if you have what they charged the consumer or not. They have the information for many of the AMCs and can fill in the blanks.

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Energy organizations in transition

Mckinsey and Company

Organizations in the energy sector are evolving in response to the energy quadrilemma. With critical choices and challenges on the horizon, making proactive moves now could determine future success.

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Comment on AMCs Violating TILA and C&R Fee Clauses by Seneca

Appraisers Blog

In reply to AppraisersBlogs Team. Blogs Team, Technically isn’t the lender overcharging the consumer? Aren’t they the ones collecting the fee? Aren’t they the ones contracting an AMC to do appraiser compliance, review & other clerical stuff instead of having their own department? How is it different than a business contracting a janitorial/maintenance company instead of having their own.

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New energy businesses: The independence versus integration dilemma

Mckinsey and Company

Energy majors set ambitious targets for new energy businesses (renewables, CCUS, hydrogen). They need an operating model combining the strengths of an incumbent with the agility needed to succeed.

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Comment on AMCs Violating TILA and C&R Fee Clauses by Pat Turner

Appraisers Blog

The damage caused by Appraisal Management Companies violating TILA & the Customary & Reasonable fee clauses goes beyond just financial losses.

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The importance of cultural integration in M&A: The path to success

Mckinsey and Company

Culture management is a vital aspect of integrations during mergers and acquisitions and, with the right measures, cultural alignment can drive vastly improved returns.

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Comment on Class Valuation Requests for Proposals by Baggins

Appraisers Blog

In reply to Baggins. [link] CIDU Complete Independent Dwelling Unit. I guess we do have co housing allowances after all. They are limited to only certain zoning areas though. One has to invest substantial time to navigate the zoning code complexities.

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The Challenge for Venture Studios

Equidam

Venture Studios are an innovative approach to venture capital which aim to reduce investor risk by producing startups with an increased rate of survival and success, and doing so while achieving economies of scale – sharing a pool of resources between ventures, such as fractional support for generic functions like marketing, HR, finance, legal, and sales.

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Comment on AMCs Violating TILA and C&R Fee Clauses by AppraisersBlogs Team

Appraisers Blog

In reply to PJTMC. PJTMC, you can download the file from our Google Drive at [link] If the city and state are provided, the address can be omitted as it is essential information.

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Benchmark International Dominates ACQFIVE Global Awards 2024

Benchmark Report

Benchmark International's triumph at the 2024 ACQFIVEâ„¢ Global Awards , underscores our unwavering commitment to excellence on the global stage, winning in the following categories:

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Comment on AMCs Violating TILA and C&R Fee Clauses by Dave

Appraisers Blog

Hold on – Every loan applicant is supposed to get a copy of the appraisal; and, in Vermont the law requires disclosure od the appraisal fee. Soooooooo, the applicant knows!

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Exploring the Pros and Cons of Seller Financing, Equity Investment, and All-Cash Offers

Sun Acquisitions

In real estate transactions, various methods exist for buyers and sellers to close deals. Among these, three prominent options are seller financing, equity investment, and all-cash offers. Each approach has unique advantages and disadvantages, catering to different financial situations, risk appetites, and goals. In this blog post, we will delve into the pros and cons of these methods to help potential buyers and sellers make informed decisions.

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Comment on AMCs Violating TILA and C&R Fee Clauses by Dave

Appraisers Blog

Baggins – you’re usually pretty thorough. Remember Dodd Frank. It will take years to bypass the AMCs if they are still in business at the end of 2024. kudos to the profession for jumping on this band wagon. Most all established appraiser’s have experienced getting offers at half or less than a year ago and now realize it is systemic and very possibly organized!

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Benchmark International Successfully Facilitated the Transaction Between epa Dosiertechnik GmbH and Private Investor Andreas Leitze

Benchmark Report

Cologne, Germany – In a strategic move to support its further growth, epa Dosiertechnik has announced a significant change in ownership facilitated by Benchmark International. The transaction, completed in January 2024, sees private investor Andreas Leitze acquiring a significant majority stake in the company, while former owner Robert Pauli retains a minority interest, together with managing director Uwe Langner.

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Comment on AMCs Violating TILA and C&R Fee Clauses by Baggins

Appraisers Blog

In reply to Seneca. The analogy is flawed. With amc’s, cost savings for reduced cost of appraisal services are not returned to the consumer. Rather what should have been cost savings for the consumer are instead pocketed by the amc in secret, neither the consumer nor the appraiser knows what the amc secret fee rake is. Defined in existing law as a junk fee or unearned fee billing scheme.

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Benchmark International Successfully Facilitated The Transaction Between George W. Evans & Associates, Inc And Nationwide Brokerage Solutions Insurance Agency, Inc.

Benchmark Report

Benchmark International is pleased to announce the acquisition of George W. Evans & Associates, Inc And Nationwide Brokerage Solutions Insurance Agency, Inc.

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Comment on AMCs Violating TILA and C&R Fee Clauses by Baggins

Appraisers Blog

In reply to Spencer Paul. If appraisers refused to offer their services through amc’s, and instead made themselves available to lenders directly with a clear message they do not work for amc’s, there is a higher probability that lenders would assign the work to appraisers directly instead. Lenders, mortgage wholesalers, have options to send to either an amc or via direct panel appraisers.

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Microsoft Copilot for Sales: Are you ready?

Avanade

With Microsoft announcing Copilot for Sales general availability, Vishal Sarkar summarizes the business opportunity, recommended approach and our own experience of Copilot for Sales.

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Comment on AMCs Violating TILA and C&R Fee Clauses by Bill Johnson

Appraisers Blog

For those that this applies to I support the effort, but with most states not requiring the disclosure of the AMC fee in the report most will have no idea of what the borrower is paying. Purposely made difficult to hide the crime. On a side note, the new game in town is for direct lenders (non AMC’s) to bid work out and assign at a rate that is much lower than quoted to the borrower.

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