Fri.Aug 02, 2024

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Healthy organizations keep winning, but the rules are changing fast

Mckinsey and Company

Driving higher organizational health and performance means focusing on new practices: empowering employees to make decisions, using technology to create value, and updating leadership styles.

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Weekly Roundup: July 26-August 1, 2024

Harvard Corporate Governance

Posted by the Harvard Law School Forum on Corporate Governance, on Friday, August 2, 2024 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of July 26-August 1, 2024 The Potential Impact of the DGCL Market Practice Amendments on Activism Settlements Posted by Keith E. Gottfried, Gottfried Shareholder Advisory, on Friday, July 26, 2024 Tags: Activists , DGCL , moelis , Proxy season Advance Notice Bylaws After Kellner: Still Advisable and Require

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Reimagining labor to close the expanding US semiconductor talent gap

Mckinsey and Company

The US semiconductor industry is poised to expand exponentially by 2030. But how can an industry already facing attrition staff its growing operations? With a paradigm shift in its approach to labor.

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Why the Capital One-Discover Merger Makes Sense

Mogin Rubin M&A

Written by Jonathan Rubin, Partner and Co-Founder of MoginRubin LLP -- When federal agencies review bank mergers, the competition issues typically relate to the number and location of physical branches and the extent of any overlap in the areas served. By contrast, the proposed $35 billion Capital One-Discover merger raises different and far more subtle competitive issues.

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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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The News Movement Showed How Hard It Is to Profit From Gen Z on Social Media

NYT M&A

The Washington Post is creating a division to find valuable audiences in new places. The C.E.O.’s last company shows that’s a tough road.

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Comment on Leaving the Appraisal Profession by Diana Nytko

Appraisers Blog

In reply to Brad. Couldn’t have said it better myself. I retired this year after 55 years in real estate 48 of them appraising. Used to enjoy what I was doing but the AMCs took the joy out of the business to say nothing of screwing Appraisers of their hard earned fees. I still do some reviews for printer clients and I would never let some of the jobs I’ve seen leave my office.

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Comment on Leaving the Appraisal Profession by Baggins

Appraisers Blog

In reply to Eric Kretz. Substantial ignorance about the home valuation process, on display for the world to see. Your tax dollars hard at work. The appraisers involved had many competency issues. Courtesy of the discount fee amc engagement model. Too bad the home owners were denied access to three out of four ethical appraisers, whom refuse to work with amc’s because of the discount compensation and unethical business dealings so common with the amc companies.

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Regulators Offer Up More TPRM Insights: What You Need to Know

N Contracts

Regulators release TPRM insights for managing the risk of deposit products like checking and savings accounts and BaaS relationships.

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Comment on Lack of Fee Transparency: Exposing the AMC Exploitation by Chase Pursley

Appraisers Blog

In reply to Bill Johnson. It’s completely insane that we tolerate the “technology fees” No other industry would be able to get away with kicking their cost-of-doing business down the line… And let me tell you, as a software provider myself (not to AMCs) it does not require $15 in developer salaries and servers to process an order.

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What Are AUP Engagements - and Does Your Business Need One?

Machen McChesney

In certain circumstances, businesses may need to hire CPAs to perform agreed-upon procedures (AUPs) instead of (or in addition to) a review or an audit. AUPs are a type of attestation engagement “in which a practitioner performs specific procedures on the subject matter and reports the findings without providing an opinion or conclusion,” according to the standards set forth by the American Institute of Certified Public Accountants.

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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 Lack of Fee Transparency: Exposing the AMC Exploitation by Honest Appraiser

Appraisers Blog

In reply to Baggins. I don’t think CFPB has been asleep – they are actively accepting “help” in their actions and opinions from REVAA.

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Spain’s Iberdrola buys UK’s Electricity North West for €5bn

Financial Times M&A

Britain becomes largest market for Madrid-based group, which already owns Scottish Power

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Comment on Leaving the Appraisal Profession by Eric Kretz

Appraisers Blog

This is a real advertisement in a Sports Illustrated magazine. The National Fair Housing Alliance and HUD are using taxpayer money to hunt appraisers.

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What's Going On With Occidental Petroleum Shares Friday?

Benzinga

Occidental Petroleum Corporation (NYSE: OXY ) shares are trading lower on the heels of a buyout of oil and gas producer CrownRock, L.P. The company opened Friday at $58.55 a share, down 1.40%. In December, the company inked a deal to acquire CrownRock for cash and stock in a transaction valued at about $12 billion, including assumption of debt. “By completing this transaction, Occidental adds assets that we believe make the best portfolio in our company’s history even stronger and m

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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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Comment on Accurate Appraisal Underreporting by Josh Tucker

Appraisers Blog

In reply to Charles. How many appraisers do you know? I know hundreds and they will all admit when they are wrong or made an error. The key is, you have to have factual and supportable evidence, not just emotional evidence. Keep in mind when we perform appraisals that it is for fair market value which has a long list of what this definition includes.

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APA Q2 Earnings Top as Callon Acquisition Drives Production

Benzinga

U.S. energy operator APA Corporation (NASDAQ: APA ) reported second-quarter 2024 adjusted earnings of $1.17 cents per share, beating the Zacks Consensus Estimate of 95 cents and improving from the year-ago adjusted figure of 85 cents. The outperformance primarily reflects higher-than-expected production owing to the contribution from the Callon Petroleum acquisition that was closed on Apr 1.

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Comment on Accurate Appraisal Underreporting by Cam R

Appraisers Blog

In reply to Charles. What a silly statement! Speaking in absolutes about an entire profession is ignorant, as well as not knowing that the appraiser is LITERALLY paid to be the expert. A true expert acknowledges the possibility of mistakes and the necessity of correcting them.

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MasTec Q2 Earnings Beat, Revenues Lag, '24 View Revised

Benzinga

MasTec, Inc. (NYSE: MTZ ) reported mixed results in the second quarter of 2024, with earnings beating the Zacks Consensus Estimate and the revenues missing the same. On the other hand, the bottom and top lines increased year over year. The company's results reflect solid contributions from its Oil and Gas segment, partially offset by soft contributions from the other reportable segments.

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Comment on Lack of Fee Transparency: Exposing the AMC Exploitation by Pat Turner

Appraisers Blog

AMCs exploit consumers' lack of knowledge by charging exorbitant prices for appraisals while concealing the true cost from borrowers.

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Wintrust Completes Acquisition of Macatawa for $510.3M

Benzinga

Wintrust Financial Corporation (NASDAQ: WTFC ) has closed the all-stock deal to acquire Macatawa Bank Corporation for $510.3 million or $14.85 per share. The merger agreement, which is not expected to have a material effect on Wintrust's 2024 earnings, was signed this April. Headquartered in Holland, MI, Macatawa operates a network of 26 full-service branches located throughout communities in Kent, Ottawa and northern Allegan counties, including Grand Rapids.

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Comment on Accurate Appraisal Underreporting by PJTC

Appraisers Blog

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

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The Psychological Impact of Selling a Business: Navigating the Emotional Journey of Mergers and Acquisitions

Sun Acquisitions

In the world of business, mergers and acquisitions (M&A) are often celebrated as strategic moves that lead to growth, expansion, and increased market share. However, behind the scenes, there’s an aspect that’s frequently overlooked—the emotional toll it takes on the individuals involved, particularly the sellers. Selling a business can be a deeply personal and psychologically challenging experience, fraught with a mix of excitement, anxiety, and uncertainty.

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Comment on Accurate Appraisal Underreporting by Charles

Appraisers Blog

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

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Broker Sails Away With Marine Insurer From Zurich UK

Law 360 M&A

A subsidiary of Ardonagh Group Ltd. has bought boat insurance specialist Navigators & General from Zurich UK, as it looks to broaden its horizons in the maritime insurance sector.

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Comment on Accurate Appraisal Underreporting by Eric Kretz

Appraisers Blog

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

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Ebix Opt-Out Releases Illegal In Ch. 11 Plan, Judge Rules

Law 360 M&A

A Texas bankruptcy judge ruled Friday that third-party releases contained in Ebix Inc.'s Chapter 11 plan are impermissible, deciding an opt-out provision of the liability waivers wasn't enough to establish consent.

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RIA Value Is a Function of Liquidity

Auto Dealer Valuation Insights

The value of any asset is determined by the market in which it trades. The most significant component of that market as it relates to value is the relative access to liquidity of market participants. The continued volume of RIAs selling to consolidators illustrates this. An independent RIA is dependent on its founders for liquidity and then on successor ownership.

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Chancery Won't Force Open Paramount's Books On Skydance

Law 360 M&A

A pension fund shareholder that sued Paramount Global for more information on its pending merger with Skydance Media may not have access to the entertainment company's corporate documents because the pension fund hasn't shown a "credible basis" to suspect wrongdoing, Delaware's Court of Chancery ruled Friday.

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What Does the Valuation Process Entail for an E&P Company?

Auto Dealer Valuation Insights

A lack of knowledge regarding the value of your business could be very costly. Opportunities for successful liquidity may be missed or estate planning could be incorrectly implemented based on misunderstandings about value.

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Corporate Battles Thrust Activist Investing Into The Spotlight

Law 360 M&A

Disney and Starbucks are among the big-name corporations that have recently gone toe to toe with activist investors, spotlighting an upswing in activist demands against U.S. companies in the first half of the year.

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Addressing Workforce Shortages in Sign Manufacturing Through Strategic Acquisitions

Sun Acquisitions

Sun Acquisitions and its sign manufacturing clients know very well the sign manufacturing industry is facing significant challenges due to workforce shortages. Today, the demand for skilled labor is high, driven by the need for precision, creativity, and technical expertise in producing high-quality signage. Finding and retaining skilled labor is difficult.

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British Air Parent Drops Air Europa Deal Due To EU Scrutiny

Law 360 M&A

British Airways' parent company has abandoned its €400 million ($436 million) plan to buy the rest of Air Europa from Spanish tourism company Globalia amid pushback from European competition authorities, telling investors that the merger was "no longer probable.

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Managing Growth in MedSpas Through M&A: Ensuring Quality and Efficiency

Sun Acquisitions

In recent years, Sun Acquisitions has witnessed remarkable growth in the MedSpa industry. This growth has been driven by increasing consumer demand for aesthetic treatments, wellness services, and non-invasive cosmetic procedures. As the industry expands, MedSpa owners and operators face the challenge of managing growth while maintaining high standards of quality and operational efficiency.

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Monitor Says HCA Possibly Flouted Promises In Hospital Deal

Law 360 M&A

The independent monitor tasked with ensuring HCA Healthcare has complied with an agreement that cemented its $1.5 billion acquisition of a North Carolina health system has said the for-profit network may have deviated from those promises, according to a new report.

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