Tue.Aug 20, 2024

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Bridging the gap: Comparing board and C-suite perspectives

Harvard Corporate Governance

Posted by Catie Hall and Carin Robinson, PricewaterhouseCoopers, on Tuesday, August 20, 2024 Editor's Note: Catie Hall and Carin Robinson are Directors at the PricewaterhouseCoopers (PwC) Governance Insights Center. This post is based on their PwC memorandum. How effective is the board? It depends on who you ask In a time of change for many organizations, two recent PwC surveys show that boards and the C-suite don’t always see eye-to-eye on some key topics.

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Several Cases Have Now Entered the Covenant Not to Compete Fray

BVR

By way of background, on April 23, 2024, the Federal Trade Commission (FTC) issued a final rule to, in their words, “ promote competition by banning noncompetes nationwide, protecting the fundamental freedom of workers to change jobs, increasing innovation, and fostering new business formation.

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California in Spotlight as Massachusetts Avoids Bill Targeting Private Equity in Healthcare

Harvard Corporate Governance

Posted by Danielle Fortier, Alexis Bortniker, and Sonny Allison, Cooley LLP, on Tuesday, August 20, 2024 Editor's Note: Danielle Fortier , Alexis Bortniker , and Sonny Allison are Partners at at Cooley LLP. This post is based on their Cooley memorandum. The Massachusetts legislative session for 2024 has come to a close without the passage of a bill that would have targeted private equity in healthcare.

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The McKinsey Crossword: Book Recommendations | No. 194

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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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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A Deep Dive Into Law360 Pulse's 2024 Women In Law Report

Law 360 M&A

The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.

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Comment on Insights from CFPB’s Public Comment Period by Frustrated Appraiser

Appraisers Blog

In reply to Retired Appraiser. Sorry, there are things going on behind the scenes. Data collection has been going on for well over a year. Progress is being made. Has the potential to make a huge impact. Stay tuned. Director Chopra is trying to take the bull by the horns on this.

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The High Costs of Repeat Findings – and How to Avoid Them | Ncontracts

N Contracts

A high or increasing number of repeat regulatory findings is a red flag for bank management and directors. Whether findings are uncovered by examiners, audits, compliance reviews, lines of business, or other means, identified issues must be corrected promptly – or your institution must be prepared to face the consequences.

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These Firms Have The Most Women In Equity Partnerships

Law 360 M&A

The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.

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Maximizing Tax Strategies: 1031 Exchanges & Cost Segregation

Trout CPA

Written by Dustin Peck, CPA 1031 exchanges and cost segregation studies are both powerful strategies for real estate investors. However, what happens when they are used in conjunction with each other? In this article, we will explore the opportunities and benefits of pairing these two strategies, as well as some potential pitfalls. In previous blog posts, we covered 1031 exchanges and Cost Segregation fundamentals.

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How To Value a SaaS Startup

Equidam

Every startup valuation presents a unique challenge. It’s not just about throwing numbers into a spreadsheet, or finding a list of similar companies and hoping for the best; it’s about crafting a narrative that resonates with investors and accurately reflects the future potential of your company. If you’re serious about raising capital, you need to get this right.

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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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Paramount Bidding War Intensifies As Edgar Bronfman Counters Skydance With $4.3B Offer, Plans to Raise More

Benzinga

A battle over media giant Paramount Global Inc (NASDAQ: PARA )(NASDAQ: PARAA ) could be intensifying with former Warner Music CEO Edgar Bronfman Jr. trying to outbid Skydance for control. What Happened: Bronfman submitted a bid of $4.3 billion Monday night and plans to bid higher in the coming days as the deadline for Paramount bids approaches. Skydance and National Amusements, which is the controlling shareholder of Paramount, previously agreed to a $28 billion merger that will launch a company

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Comment on Fight Unfair AMC Practices – Leverage State Authorities by Baggins

Appraisers Blog

Retired Appraiser; Forward amc spam? When I did that with Regorra, they turned off my profile. Scope changed my primary email to a noreply internal corelogic email which meant I’d never pick up a new client again. My profile sat dark for years until I accidentally found out. When I did that with Mercury they added some options, but were still options which penalized appraisers for not being willing to work with amc’s.

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Performance Food Group Sees Disinflation Tailwinds in 2025

Benzinga

Performance Food Group Co. (NYSE: PFGC ) is one of the largest food service distributors in the United States. The company sources, markets, and delivers food and food-related products through a network of over 150 distribution facilities to over 125,000 businesses in the food service industry. The company is acquiring food service distributor Cheney Brothers for $2.1 billion, which will expand its footprint with restaurant and hospitality customers in the Southeastern region of the United State

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Comment on Fight Unfair AMC Practices – Leverage State Authorities by Retired Appraiser

Appraisers Blog

In reply to PJTC. You gave me an idea. What if every appraiser took the time to forward a copy of every AMC appraisal inquiry (not just orders) to the CFPB. It would only take a few days to flood their office and prove your point beyond doubt. It would clearly illustrate how they flood the market with inquiries to extract.the maximum profit for themselves.

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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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Alaska Airlines’ Acquisition of Hawaiian Clears Key Antitrust Review

NYT M&A

The airlines said the Justice Department had declined to challenge the merger in court.

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AvalonBay Communities Up 15.4% YTD: Will It Rise Further?

Benzinga

Shares of AvalonBay Communities (NYSE: AVB ) have rallied 15.4% year to date compared with the industry's upside of 9.8%. Last month, AvalonBay reported a second-quarter 2024 core funds from operation (FFO) per share of $2.77, which beat the Zacks Consensus Estimate of $2.71. The quarterly results reflected a year-over-year increase in both same-store total revenues and average rental revenue per occupied home.

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Kamala Harris’ economic agenda sheds some light on her tax policy priorities

LaPorte

(authored by RSM US LLP) Vice President Kamala Harris announced several tax proposals in an economic agenda that illuminates some of her tax policy priorities. The post Kamala Harris’ economic agenda sheds some light on her tax policy priorities first appeared on LaPorte.

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UMB Financial Thrives on Loan Growth Amid Rising Costs

Benzinga

UMB Financial Corporation (NASDAQ: UMBF ) is gaining from balance-sheet strength on the back of increasing loan and deposit balances. Also, steady capital distributions are backed by a decent liquidity position. However, intense competition, along with elevated expenses, are major headwinds. UMB Financial has a healthy balance sheet position. The company witnessed impressive net loan growth in the last three years (2020-2023), with compounded annual growth rate (CAGR) of 13%.

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Forward Air Investor Urges Co. To Evaluate Sale Options

Law 360 M&A

Forward Air Corp. top-10 shareholder Ancora Holdings Group LLC on Tuesday urged the asset-light transportation services provider's board of directors to evaluate "any and all" strategic alternatives after Forward Air's $3.2 billion merger with Omni Logistics LLC "wiped out a tremendous amount" of shareholder value.

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Lamar Advertising's Stock Gains 12.6% YTD: Here's Why

Benzinga

Shares of Lamar Advertising (NASDAQ: LAMR ) have risen 12.6% year to date against its industry's increase of 3.3%. The company currently carries a Zacks Rank #2 (Buy). Earlier this month, this real estate investment trust (REIT), headquartered in Baton Rouge, LA, reported second-quarter 2024 adjusted funds from operations (AFFO) per share of $2.08, which beat the Zacks Consensus Estimate of $2.07.

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Steward Health, Landlord Spar Over Ch. 11 Hospital Sales

Law 360 M&A

Bankrupt hospital operator Steward Health Care has filed an adversary suit against the landlord for 30 of its hospitals, Medical Properties Trust, saying the landlord is throwing a wrench in the sale process for the facilities and trying to hoover up all the proceeds.

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Johnson & Johnson Strikes $1.7B Deal To Acquire Heart-Tech Innovator V-Wave

Benzinga

On Tuesday, Johnson & Johnson (NYSE: JNJ ) agreed to acquire V-Wave for an upfront payment of $600 million, with the potential for additional regulatory and commercial milestone payments up to approximately $1.1 billion. V-Wave is a privately held medical device company focused on developing heart failure and cardiovascular disease treatment options.

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Lender's $13M Atty Fee Reserve Bid In Eiger Ch. 11 Plan Nixed

Law 360 M&A

A Texas bankruptcy judge on Tuesday mostly sided with life science company Eiger BioPharmaceuticals in estimating a secured lender's future claims, saying at a hearing that Eiger's Chapter 11 reserve for the claim should include two years worth of interest and agreeing that $1 million should be earmarked for legal fees, not the lender's requested $13 million sum.

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AMD Bets Big On AI With $4.9B ZT Systems Deal: Goldman Sachs Highlights '1,000 Engineers' Driving Competitive Edge

Benzinga

Advanced Micro Devices Inc. (NASDAQ: AMD ) announced on Monday its $4.9 billion acquisition of ZT Systems, highlighting the company’s aggressive expansion into the AI and data center markets, according to Goldman Sachs analyst Toshiya Hari. The acquisition, expected to close in the first half of 2025, aims to significantly enhance AMD’s competitive edge by integrating ZT Systems’ expertise in compute, storage, and accelerator solutions tailored for cloud and telecom service pro

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Ex-Goldman Analyst's Stepbro Ducks Prison For Inside Trades

Law 360 M&A

A Long Island man on Tuesday was spared time in prison for his role in an insider scheme in which he traded on tips gleaned from his stepbrother and ex-Goldman Sachs analyst, largely due to his prompt cooperation with the FBI.

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Alaska Airlines-Hawaiian Airlines $1.9B Merger Gets DOJ Green Light, Awaits Transportation Department Nod

Benzinga

The proposed $1.9 billion merger between Alaska Airlines (NYSE: ALK ) and Hawaiian Airlines by Hawaiian Holdings, Inc. (NASDAQ: HA ) has received clearance from the U.S. Justice Department, marking a significant step forward in the deal announced eight months ago. The merger is now pending approval from the U.S. Transportation Department. What Happened: The Justice Department’s period for antitrust investigation concluded without any lawsuit to halt the merger, CNBC reported on Tuesday.

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Ex-Kirkland PE Atty Joins Freshfields In Silicon Valley

Law 360 M&A

Freshfields Bruckhaus Deringer LLP announced Tuesday that a longtime Kirkland & Ellis LLP private equity attorney has joined the firm's Silicon Valley office as a partner in what's been one of its fastest growing practice groups over the last few years.

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AMD Analysts On ZT Systems Buy: 'A Step In The Right Direction' To Narrow Gap With Nvidia

Benzinga

Advanced Micro Devices Inc (NASDAQ: AMD ) has caught the market’s attention with its latest strategic move—the acquisition of ZT Systems, a privately-held company known for its expertise in compute infrastructure. As AMD aims to bolster its AI systems capabilities, Wall Street analysts have shared their mixed reactions. Here’s a look at what the experts have to say about this $4.9 billion deal and its implications for AMD's future.

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Tips For Revamping Patent Portfolio Strategy In AI Deal Era

Law 360 M&A

Recent data suggests patents are significantly enhancing exit valuations, particularly with cutting-edge technologies like those powered by artificial intelligence, but it is necessary to do more than simply align patent strategy with business goals, says Keegan Caldwell at Caldwell Law.

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Dover Boosts Portfolio With Criteria Labs Acquisition

Benzinga

Dover Corporation (NYSE: DOV ) announced the acquisition of Criteria Labs, Inc., which would be integrated into DOV's Microwave Products Group ("MPG") within the Engineered Products segment. This move will enable MPG to develop more compact and lightweight designs while maintaining performance and durability. Criteria Labs is a pioneer in radio frequency devices and microelectronic engineering solutions for high-reliability applications.

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Ex-Execs Defend $59.7M Transfer Amid Asbestos Suits

Law 360 M&A

A Chapter 7 bankruptcy trustee's lawsuit claiming that former engineering company executives improperly transferred $59.7 million amid high-dollar asbestos claims is fatally flawed and the defendants did not do anything wrong, according to a filing in Connecticut federal court.

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Review of Key Economic Indicators for Family Businesses

Auto Dealer Valuation Insights

Coming off a run of economic data releases in the last few weeks, we take a look at the numbers and some of their implications for the broader economy in this week’s post. GDP growth in the U.S. economy measured 2.8% in the second quarter of 2024, outpacing growth of 1.4% in the first quarter. Following persistently elevated measures in the first quarter, recent inflation readings have cooled.

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Alaska, Hawaiian Airlines Clear DOJ Review Of $1.9B Deal

Law 360 M&A

Alaska Airlines said Monday that the deadline for the U.S. Department of Justice to complete the review of its planned $1.9 billion merger with Hawaiian Airlines has expired, paving the way for the closure of the deal after the DOJ's deadline had been extended several times.

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Arbitration To Uncover Hidden Value Of Hess' Guyana Oil Assets In Exxon Mobil vs. Chevron Dispute: Report

Benzinga

Exxon Mobil Corporation (NYSE: XOM ) shares are trading lower on Tuesday. An arbitration panel deciding the high-profile dispute between Exxon Mobil and Chevron Corporation (NYSE: CVX ) will reportedly examine the hidden value of Hess Corporation’s (NYSE: HES ) oil assets in Guyana. Chevron and Hess maintain that the valuation of the Guyana asset shouldn’t affect the arbitration, arguing that the transaction doesn’t constitute a change in control, reported Reuters.

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