Wed.Sep 04, 2024

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Dealing with Activist Hedge Funds and Other Activist Investors

Harvard Corporate Governance

Posted by Martin Lipton, Wachtell, Lipton, Rosen & Katz, on Wednesday, September 4, 2024 Editor's Note: Martin Lipton is a Founding Partner at Wachtell, Lipton, Rosen & Katz. This post is based on a Wachtell Lipton memorandum by Mr. Lipton, Steve Rosenblum , Elina Tetelbaum , Karessa Cain , Carmen Lu , and Anna Dimitrijevic. Activism has remained robust over the past year, following a post-pandemic rebound.

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Diversifying global supply chains: Opportunities in Southeast Asia

Mckinsey and Company

Southeast Asia is emerging as a global manufacturing hub, presenting opportunities for logistics companies. Here’s a look at global trade flows in the region.

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Trending Sources

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CFOs: Changing Of The Guards

Global Finance

Call it “the CFO shuffle.” Top finance leaders are shifting from one company or position to another—or opting for retirement—at a faster rate. That’s according to the latest data from Russell Reynolds Associates, which specializes in executive searches. This year saw increased levels of turnover, with the proportion of outgoing finance chiefs reaching 8.9% globally from January to June.

Finance 111
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Smart money? Retail investors, intrinsic investors, and the Magnificent Seven

Mckinsey and Company

Retail investors are investing more of their capital in companies that have the highest market capitalizations. Intrinsic investors are taking a different approach.

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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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Brazil Central Bank President Campos Neto Sees Trade Friction As Big Risk To Global Economy

Global Finance

Global Finance magazine interviewed Brazil Central Bank President Roberto Campos Neto, who has been at the helm since February 2019. In recognition of his leadership in managing Brazil’s monetary policy, Campos Neto earned an “A” grade in the magazine’s 2024 Central Banker Report Cards, announced in August. He also received an “A” in 2023’s report card.

Banking 105
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Evolving with steel: Future growth and opportunities

Mckinsey and Company

Steel is a core material for building infrastructure and aiding economic growth. Over the next decade and beyond, several trends will reshape the global and regional steel industry landscape.

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Comment on Appraisal Regulation Compliance Council Exposes Disturbing AMC Violations by Baggins

Appraisers Blog

In reply to kevin. Of course the site does not work. There was so much industry pressure the effort was shut down from the top down. Appraisal Advisor was the idea of the son of the founder of Alamode, Biggers. He wanted to provide a truly useful tool to help appraisers because it was obvious then how exploitative the amc industry was becoming. Right when the site went live within a month or so, there must have been so much pressure that they shut the effort down.

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J&J Hit With $1B Damages In Del. Merger Milestone Fight

Law 360 M&A

Johnson & Johnson owes more than $1 billion to a medical robotics developer and entrepreneur caught up in a multibillion-dollar post-acquisition dispute, a Delaware vice chancellor ruled Wednesday.

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Comment on Appraisal Regulation Compliance Council Exposes Disturbing AMC Violations by Robert N. Mossuto Jr.

Appraisers Blog

Wow, a lot of unneeded hostility. Now back to the Fee thing. If you total the amounts of the 33 fee examples in the provided document, the total paid out by lenders (actually borrowers) is $37,243. Of that, the AMCs received $21,505.93 (57.7%). The appraisers received a mere $14,601.87 (39.2%). So… $37,243 is only 33 appraisals. ARCC stated this is only the tip of the iceberg with regard to the data collected, representing about 10% of that received.

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Firms Must Offer A Trifecta Of Services In Post-Chevron World

Law 360 M&A

After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

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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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Brazilian consumer optimism rebounds in line with economic growth

Mckinsey and Company

While the country’s consumers are increasingly optimistic and expect to spend more, they remain inclined to trade down and reluctant to splurge.

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Microsoft Hiring Of Inflection AI Team Too Small To Worry UK

Law 360 M&A

The U.K.'s antitrust regulator said Wednesday it has ended its probe into Microsoft's hiring of Inflection AI staff, finding the U.S. machine learning specialist's operation was too small to trigger competition concerns.

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Nordstrom Family Offers $3.8 Billion to Buy Its Namesake Retailer

NYT M&A

The $23-per-share offer by the department store’s founding family comes as retailers struggle to navigate new shopping trends and costly real estate.

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Starwood and Segro agree deals as commercial property heats up

Financial Times M&A

Private equity group and warehouse landlord seal transactions as logistics assets emerge from downturn

Equity 84
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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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Why Is WiSA Technologies Stock Surging Premarket Wednesday?

Benzinga

WiSA Technologies, Inc. (NASDAQ: WISA ) shares are jumping premarket Wednesday. The company inked a definitive asset purchase agreement to acquire the Datavault intellectual property and IT assets from privately held Data Vault Holdings Inc. in a $210 million deal. The deal includes $200 million in restricted common stock of WiSA Technologies, priced at $5.00 per share, and $10 million in an unsecured promissory note (due in three years, with 10% of any financing proceeds allocated to its repaym

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Comment on County Assessors’ Standards | AVM Final Rule Guidance by Baggins

Appraisers Blog

CO first state in the nation to put forth AI systems laws. Specifically mentioned; AI systems which pertain to lending. Might just be easier to continue using human appraisers instead.

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Lab supplier auction extends run of private equity healthcare exits

Financial Times M&A

GTCR and Golden Gate Capital’s potential sale of Antylia comes as the sector bucks a frustrating market for sponsors

Equity 74
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The Transaction Journey

IT Valuations

Exploring your why and the fundamentals of fit. In this iTV Webinar, we’ll interview Arlin Sorenson and Stephanie Kinsey and discuss the early stage of the transaction journey. Whether you’re looking to make a strategic acquisition or you’re considering an exit, the stories and advice from this webinar will equip you with valuable information for the next step in your personal journey.

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AI data boom mints Australia’s latest billionaire after $16bn Blackstone deal

Financial Times M&A

Cricket fan Robin Khuda came to country from Bangladesh and built AirTrunk into pan-Asian business

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Preparing for and Excelling through Due Diligence

IT Valuations

Eventually, every business is either given away, closed, or sold. If you don’t plan on closing your business, or giving it away, that means you’ll be selling your business at some point and that also means you’ll have to navigate the emotional journey of of due diligence. Join the iTValuations team as they discuss how to successfully prepare for, navigate, and excel through due diligence.

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Pet Toy Co. President Has No Voting Power, Founder Says

Law 360 M&A

The founder of pet-toy maker Kong Co. has asked a Colorado state judge to declare the company's president has no equity or voting interest, as part of a sprawling internal dispute over management of the company.

Equity 52
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Parris Speaking at the 2024 ASA International Conference

Auto Dealer Valuation Insights

Lucas M. Parris, CFA, ASA-BV/IA is participating in the panel “Hot Topics in Financial Reporting Valuation” at the upcoming 2024 ASA International Conference on September 16, 2024. Lucas Parris is a Senior Vice President at Mercer Capital and the leader of Mercer Capital’s Financial Reporting Valuation Group.

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Albertsons CEO Takes Stand On Kroger Merger, Missing Texts

Law 360 M&A

Federal Trade Commision attorneys on Wednesday pressed Albertsons Cos. Inc. CEO Vivek Sankaran in Oregon federal court about why he had such dire predictions about the company's future without a merger with Kroger despite previous statements about how his company had been crushing the competition.

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Davis & Gibbs to Present at the 2024 Bank Board Training Forum

Auto Dealer Valuation Insights

Mercer Capital’s Jeff K. Davis, CFA and Andrew K. Gibbs, CFA, CPA/ABV are presenting at Bank Director’s 2024 Bank Board Training Forum on Monday, September 16th in Nashville, Tennessee. Their session is titled “Bank Director 101: M&A Primer,” and explores the fundamentals of bank M&A, including how boards should approach the decision to buy or sell.

Banking 52
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Fintech Investor Tries To Undo 'Formulistic' Toss Of nCino Suit

Law 360 M&A

A pension fund invested in financial technology company nCino Inc. urged Delaware's Supreme Court on Wednesday to revive its suit against company directors and investment firm Insight Venture Partners over a $1.2 billion acquisition, arguing the Chancery Court "missed the mosaic for the tiles" by dismissing the case.

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AMD Rises 10% in a Month: How Should Investors Play the Stock?

Benzinga

Advanced Micro Devices (NASDAQ: AMD ) shares have gained 10%, outperforming the broader Zacks Computer & Technology sector's return of 9.7%. The semiconductor chip provider has been riding on strong performance of the Data Center segment. In the second quarter of 2024, Data Center revenues surged 114.5% year over year to $2.83 billion and accounted for 48.6% of total revenues.

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NJ Health System Wins Access To Fraud File In Antitrust Fight

Law 360 M&A

A New Jersey federal judge Wednesday allowed health system RWJBarnabas Health Inc. to move ahead with a subpoena on the New Jersey State Commission of Investigation in a case in which RWJBarnabas is accused of antitrust violations by rival health system CarePoint Health Management Associates LLC.

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Latin America: Stablecoin Race Heats Up

Global Finance

The race for Latin America’s massive stablecoin market has become more competitive. Following the successful launch of Circle’s proprietary USDC via behemoth banks BTG Pactual and Nubank in March, the unicorn Latin American startup Mercado Libre has rolled out its commission-free dollar-backed stablecoin, the Meli Dolar. Pegged 1-to-1 to the US dollar, the Meli Dolar aims to leverage the electronic marketplace’s significant presence in Brazil to establish a dominant position in the country.

Banking 52
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Orrick-Led Epam Systems Buys Neoris In $630M Cash Deal

Law 360 M&A

Orrick Herrington & Sutcliffe LLP-steered software engineering business Epam Systems Inc. will acquire Miami-based advanced technology company Neoris for $630 million in cash, the companies announced Wednesday.

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Hong Kong Bank Regulator Updates GenAI Guidelines

Global Finance

To avoid bias in customer-facing banking applications, the Hong Kong Monetary Authority (HKMA) issued new generative artificial intelligence (GenAI) guidelines as more banks adopt such technologies. In a mid-August notice, the territory’s de facto central bank said financial institution boards and senior management should “remain accountable for all the GenAI-driven decisions and processes.

Banking 52
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9 Liability Management Tips For Borrowers As Maturity Looms

Law 360 M&A

As the debt maturity cliff swiftly approaches in this challenging environment, attorneys at Winston & Strawn highlight the top considerations for boards of directors and finance professionals to think about when structuring and executing liability management transactions, including reviewing capital structure, evaluating debt covenants, and more.

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Kuwait: Boubyan, Gulf In Merger Talks

Global Finance

Kuwait lenders Boubyan Bank and Gulf Bank—the emirate’s third- and fifth-largest banks—have disclosed they are in preliminary talks that may lead to a merger. If the merger goes ahead, it will create an Islamic bank with assets of around $53 billion and about a 15% market share measured by consolidated assets, Fitch Ratings said in a note last month.

Banking 52
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Nordstrom Family Makes Takeover Offer, Valuing Biz At $3.8B

Law 360 M&A

Nordstrom Inc. confirmed Wednesday that it received a proposal from a group that includes its CEO Erik Nordstrom and brother Pete to acquire the company for $23 per share in cash, which values the company around $3.8 billion.

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Biden Gears Up To Block Nippon Steel's $15B US Steel Acquisition: Report

Benzinga

President Joe Biden is preparing to formally block Nippon Steel Corp’s (OTC: NPSCY ) nearly $15-billion acquisition of United States Steel Corp (NYSE: X ), according to a Wednesday Washington Post report citing three people with knowledge of the matter. The move from the Biden administration would be a major hit to the proposed $14.9-billion takeover deal that was announced at the end of last year.