Fri.Jul 26, 2024

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The Potential Impact of the DGCL Market Practice Amendments on Activism Settlements

Harvard Corporate Governance

Posted by Keith E. Gottfried, Gottfried Shareholder Advisory, on Friday, July 26, 2024 Editor's Note: Keith E. Gottfried is Founder and CEO of Gottfried Shareholder Advisory. This post is based on his Gottfried memorandum and is part of the Delaware law series ; links to other posts in the series are available here. On July 17, 2024, Senate Bill 313 , the market practice amendments to the Delaware General Corporation Law (the “ DGCL ”), were signed into law by Delaware Governor John Carney an

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Bonjour! 2024 Summer Olympics Begin in Paris, Peacock Looks to Rebound

Value Scope

By: Brent Shockley, Principal The 2024 Summer Olympic games officially begin today and run through Sunday, August 11 th. The opening ceremony will feature over 10,000 athletes aboard over 90 boats floating down the Seine River in Paris at 7:30pm local time and 1:30pm Eastern US time. A few sports, such as football (soccer in the US), got an early start to their opening rounds on Wednesday, July 24 th.

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Justice Dept. Defends TikTok Law That Forces App’s Sale or Ban

NYT M&A

In its first detailed response to a legal challenge, the agency said TikTok’s proposed changes wouldn’t prevent China from using it to collect U.S. users’ data or spread propaganda.

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Weekly Roundup: July 19-25, 2024

Harvard Corporate Governance

Posted by the Harvard Law School Forum on Corporate Governance, on Friday, July 26, 2024 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of July 19-25, 2024 AI Washing Enforcement Continues, Highlighting Risks to Companies and Investors Posted by David Rhinesmith, Brad Marcus, and Sarah Schaedler, Orrick, Herrington & Sutcliffe LLP, on Friday, July 19, 2024 Tags: Artificial intelligence , DOJ , fraud , SEC Supreme Court rules SEC use of i

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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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Decarbonizing API manufacturing: Unpacking the cost and regulatory requirements

Mckinsey and Company

A range of existing and emerging decarbonization solutions could help active pharmaceutical ingredient companies reduce their carbon footprint by up to 90 percent.

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Best Treasury And Cash Management Providers 2024: Systems And Services

Global Finance

Treasury keeps up with the dynamic payments environment. As the dynamic payments landscape presents both challenges and opportunities for corporate treasury, it’s unsurprising that financial institutions are finding new ways to help treasurers leverage new payments trends to improve efficiency, manage risk, and support business growth. Banking Circle is the winner of our award for Best Embedded Treasury Solution, providing the core financial infrastructure that allows businesses to build and off

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Czech Republic Central Bank Hits Target With Big Inflation Reversal

Global Finance

In an impressive turnaround, the Czech Republic’s consumer price index has sunk from a hefty 17.5% in February of last year to 2%—the Czech National Bank’s target—in June of this year. It’s the biggest percentage drop in inflation in the developed world since the beginning of 2013. Since assuming office at the peak of the republic’s inflation crisis in 2022, CNB Governor Aleš Michl has been implementing a unique and rather unorthodox strategy to combat price hikes.

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Off The Bench: NBA Signs Mega Deals, Jerry Jones Settles

Law 360 M&A

In this week's Off The Bench, the NBA signed $77 billion worth of telecast and streaming deals while longtime league broadcaster TNT challenged the decision, Jerry Jones' suit against his alleged daughter settled while jurors were at lunch, and Pennsylvania's high court agreed to hear an appeal relating to Pittsburgh's jock tax, a fee applied to nonresident professional athletes.

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Citadel’s Acquisition Boosts Power Market

Global Finance

In July, US global investment company and hedge fund, Citadel LLC, and Japanese energy startup, Energy Grid, announced their intent to enter a strategic partnership. Details of the deal were undisclosed, though it represents the first major step into Japan’s wholesale energy market by the Miami-based firm. The deal comes in the wake of Citadel CEO Ken Griffin’s bullish statements on Japan back in June 2023 and Citadel’s reopening of an office in Tokyo (the firm originally closed its Tokyo office

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Comment on Accurate Appraisal Underreporting by Tom from NJ

Appraisers Blog

Obviously this is wilful misinformation. As real estate prices rise, $2500 becomes a smaller and smaller percentage differential. It is quite obviously a knowing attempt to mischaracterize the industry. If you are appraising a $60,000 home maybe $3,000 would be significant. Where in the US can you buy a $60,000 home? Not around any major metropolitan area in the country.

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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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Tech Giants Potentially Seek Partnership With Ray Ban Maker After Smart Glasses Collaboration

Benzinga

EssilorLuxottica (OTC: ESLOY ) stock rose after the eyewear giant revealed interest from Alphabet Inc’s (NASDAQ: GOOG ) (NASDAQ: GOOGL ) Google and other major technology companies in exploring partnerships following its collaboration with Meta Platforms (NASDAQ: META ) to develop Ray-Ban smart glasses. EssilorLuxottica CEO Francesco Milleri highlighted the company’s awareness of Meta’s intention to take a stake in the company.

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Comment on Accurate Appraisal Underreporting by Tick Tick Tick

Appraisers Blog

So the growing ignorant population with a bunch of zeal and no knowledge goes home to their families at night as if nothing has happened – while the appraiser is left gasping for air and survival. No one comes to the appraiser’s recue, not even the Appraisal Institute or other supposed appraisal groups. We now live in the post: honor; integrity; good conscience; and soul age.

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KKR Bets Big On Education With Instructure Purchase For $4.8B

Benzinga

KKR & Co. Inc. (NYSE: KKR ) managed investment funds inked a deal to acquire Instructure Holdings, Inc. (NYSE: INST ) for $23.60 per share in a $4.8 billion all-cash deal. The purchase price of $23.60 per share is a 16% premium over Instructure’s unaffected share price of $20.27 on May 17, 2024, the last trading day before news of the potential transaction, per a statement released yesterday.

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Comment on Accurate Appraisal Underreporting by Spencer Paul

Appraisers Blog

In reply to Tom from NJ. This is exactly what is happening and what Fudge was trying to push, along with a house in LA, New York or whatever by the same builder should be selling for the same price, as if it was a car. Location be damned.

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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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Pulling back from the boundaries: An interview with Johan Rockström

Mckinsey and Company

The acclaimed scientist behind the planetary boundaries framework outlines what he thinks it would take to ensure humanity remains within a safe operating space amidst increasing environmental risks.

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Comment on Accurate Appraisal Underreporting by PJTC

Appraisers Blog

The more I follow this the more I believe they are just yanking our chain so we are all chasing our tail. I’m not going to give these mush for brains any further satisfaction. I’m sure their having a good laugh.

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Best Treasury And Cash Management Providers­ 2024: Western Europe

Global Finance

Banking partners help optimize cash flow and protect its value. Faced with high interest rates and inflation, companies in Western Europe are turning to their banking partners to find ways to optimize cash flow and protect its value. Societe Generale , our winner this year as Best Bank for Transaction Banking, has developed a Sustainable GTB (global transaction banking) Framework—one of the first dedicated to asset-based GTB solutions—to enhance the ability of the bank and its clients to assess

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Comment on Accurate Appraisal Underreporting by tp

Appraisers Blog

The HousingWire article highlighting that only 40% of homes sold include an “accurate” appraisal is misleading and dangerous.

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Shareholder Litigation To Watch: A Midyear Report

Law 360 M&A

A pair of anticipated U.S. Supreme Court arguments, the fate of a new wave of lawsuits against special purpose acquisition companies and the future of shareholder claims of artificial intelligence malfeasance are among the issues that securities practitioners are following as the second half of 2024 unfolds in the courts.

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Premiums for Inventory Scale

Auto Dealer Valuation Insights

In the last year, M&A activity in the upstream area of the oil and gas industry has increasingly become top-heavy, characterized by several headline deals. While the broader North American E&P deal count has been shrinking since 2022, a handful of major acquisitions in the last year have led to a spike in upstream M&A spending.

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Matterport Stockholder Sues In Del. For Books On Merger

Law 360 M&A

A shareholder of 3D-imaging and digitization venture Matterport Inc. has launched a Delaware Court of Chancery lawsuit seeking company documents, citing concerns that the business was selling itself to global real estate analytics company CoStar Group in part to protect insider equity from pending litigation.

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Personal Goodwill in the Auto Industry

Auto Dealer Valuation Insights

This post discusses important concepts of personal goodwill in divorce litigation engagements. The discussion relates directly to several divorce litigation cases involving owners of automobile dealerships.

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Live Nation Tells 9th Circ. Arbitration Supported By Calif. Ruling

Law 360 M&A

Live Nation told the Ninth Circuit that recent precedent from California's top court backs its argument that consumer litigation over allegedly exorbitant ticket prices should go to arbitration, despite arbitral rules criticized by the panel as "cockamamie" during oral arguments last month.

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Will Rate Cuts Improve RIA Multiples?

Auto Dealer Valuation Insights

Most economists and market participants now believe the Federal Reserve will start cutting interest rates at its September meeting as inflationary trends show signs of easing. Naturally, we’re interested in how expected rate cuts will affect the investment management industry’s transaction multiples.

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OFAC Sanctions Deserve To Be Challenged Post-Chevron

Law 360 M&A

The U.S. Supreme Court's Loper Bright decision opens the door to challenges against the Office of Foreign Assets Control's sanctions regime, the unintended consequences of which raise serious questions about the wisdom of what appears to be a scorched-earth approach, says Solomon Shinerock at Lewis Baach.

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Turning Your Passion into Profit: Buying a Business You Love in Venice

Hallmark Brokers

Are you tired of the traditional 9-to-5 grind? Do you have a burning passion for something specific? If you’re looking for a way to transform your enthusiasm into a profitable venture, buying an existing business in Venice might be the perfect path for you. Why Buy a Business You Love? Leverage Your Passion: When you’re. Read more The post Turning Your Passion into Profit: Buying a Business You Love in Venice appeared first on Hallmark Brokers.

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Apparel Biz Delta Can Auction Assets In August

Law 360 M&A

A Delaware bankruptcy judge cleared the way Friday for clothing manufacturer Delta Apparel to put its assets on the auction block next month with a $28 million starting bid for one of its lifestyle and fashion brands, as the company continues to search for a stalking horse to bid on its remaining clothing lines.

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Candy Craze: Investment Giants Reportedly Battle For Southeast Asian Jelly Candy Maker Yupi Indo

Benzinga

Yupi Indo Jelly Gum , Southeast Asia’s top gummy manufacturer , is reportedly drawing interest from investment giants TPG Inc. (NASDAQ: TPG ), KKR & Co. Inc. (NYSE: KKR ), and Blackstone Inc. (NYSE: BX ). The deal, still in its early stages, values Yupi Indo Jelly Gum at approximately $500 million, according to The Wall Street Journal. Founded in 1996 as a joint venture with a major European gummy manufacturer, Yupi has grown to become Southeast.

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Chancery Questions $3.5M Atty Fee For Failed Proxy Battle

Law 360 M&A

An activist shareholder that launched a failed proxy contest at First Foundation Inc. struggled to convince a Delaware Chancery Court judge Friday that the settlement it reached with the Texas-based bank was worth a $3.5 million attorney fee.

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Apollo Bets $6.3B on Gaming Industry with IGT and Everi Deal

Benzinga

Everi Holdings Inc. (NYSE: EVRI ), International Game Technology (NYSE: IGT ), and Apollo Global Management, Inc. (NYSE: APO ) shares are trading higher today. IGT’s Gaming & Digital business and Everi will be simultaneously acquired by a newly formed holding company owned by funds managed by affiliates of Apollo in an all-cash transaction that values the acquired businesses at approximately $6.3 billion on a combined basis.

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Assa Abloy Resolves DOJ Merger Monitor Dispute

Law 360 M&A

Assa Abloy told a D.C. federal judge that it's agreed "in principle" on how a monitoring trustee will review its compliance with a U.S. Department of Justice merger lawsuit settlement, resolving a simmering dispute over its complaints of an open-ended multimillion-dollar investigation.

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Best Treasury And Cash Management Providers 2024­: Central And Eastern Europe

Global Finance

Companies operating in Central and Eastern Europe (CEE) continue to face unique challenges when it comes to cash management, due to a mix of economic development and regional variations. Inconsistencies between standardized payment systems among EU members and ad hoc systems used by non-EU members have resulted in fragmented receivables scenarios, where payment collections remain complex owing to the differences in payment practices across the region.

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Taxation With Representation: Wachtell, Polsinelli, Kirkland

Law 360 M&A

In this week's Taxation With Representation, T-Mobile partners with KKR to acquire Metronet, Exclusive Networks gets a takeover offer, KKR buys Instructure Holdings Inc., and Bally's Corp. merges with The Queen Casino & Entertainment Inc.

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Best Treasury And Cash Management Providers 2024: Middle East

Global Finance

Balancing global trends with regional specificities requires an understanding of the underlying dynamics to navigate potential challenges in this ever-changing region. It requires a keen understanding of the best technological tools to automate tasks and improve efficiency. Rapid treasury transformation has been afforded a boost thanks to the regional drive for real-time payments and application programming interfaces (APIs).