July, 2023

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Greenwashing: Navigating the Risk

Harvard Corporate Governance

Posted by Peter Pears, Tim Baines, and Oliver Williams, Mayer Brown LLP, on Monday, July 24, 2023 Editor's Note: Peter Pears and Tim Baines are Partners and Oliver Williams is a Trainee Solicitor at Mayer Brown LLP. This post is based on a Mayer Brown memorandum by Mr. Pears, Mr. Baines, Mr. Williams, Henninger S. Bullock , Luiz Gustavo Bezerra , and Wei Na Sim.

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Finding the Right Approach to Determine Reasonable Compensation

BVR

Although there are general guidelines to help you pick the best approach to determine reasonable compensation, there are no hard and fast rules. For the overwhelming majority of your clients, one of two common approaches that rely on comparability data should do the trick. For occasional clients who just don’t seem to fit any molds, there is an approach for them, too.

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ATTAINING REASONABLE CERTAINTY IN ECONOMIC DAMAGES CALCULATIONS

Value Scope

The Issue at Hand In the US, most courts require expert witnesses to prove damage amounts with “reasonable certainty.” In other words, has the plaintiff’s expert presented sufficient evidence to make a fair estimate of damages? To offer an opinion under Rule 702, an expert must satisfy the court that his or her opinion is: Guided by principles, and Methods are regularly applied by others damages experts Reasonable certainty means that profits that form the basis of economic damages need not be

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The rewired enterprise: How five companies built to outcompete

Mckinsey and Company

Lessons from five rewired enterprises highlight how to turn initial digital gains into enterprise-wide ones.

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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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3D printing industry gripped by intrigue, litigation and churn

Financial Times M&A

News, analysis and comment from the Financial Times, the worldʼs leading global business publication

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Who Employs Your Doctor? Increasingly, a Private Equity Firm

NYT M&A

A new study finds that private equity firms own more than half of all specialists in certain U.S. markets.

More Trending

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Look Inside: Economic Outlook Update—March

BVR

The Economic Outlook Update monthly and quarterly reports digest expansive research from the leading authoritative sources into one convenient and cost-effective report. Get a peek behind the curtain at the March 2023 issue.

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Audit Compliance Coding

Value Scope

ValueScope healthcare compliance experts understand programs such as HIPAA Privacy & Security Programs, Training, Auditing & Claims Review, Billing & Cash Flow Management, IT Networks, All Lines of Insurance, Accounting & Tax, Accreditation, Accreditation, Chronic Care Management, and more. ValueScope’s healthcare compliance experts have experience in testifying in front of the MAC and ALJ on claims denial cases as well as healthcare fraud and abuse coding defense.

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How top performers outpace peers in sales productivity

Mckinsey and Company

The macroeconomic environment is putting sales budgets and bottom lines under pressure. “Doing more with less” isn’t just a mantra, it’s a decree.

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Anatomy of a Twitter payout

Financial Times M&A

News, analysis and comment from the Financial Times, the worldʼs leading global business publication

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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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Billion-Dollar Threat To Cannabis Industry: A Pathogen That Decreases Weed Potency Could Quickly Wipe Out Revenue

Benzinga

A pathogen called HLVd, or hop-latent viroid, is contaminating cannabis crops across the country, threatening to wreak billions of dollars in losses just as legal marijuana is taking off, warned the Wall Street Journal on Saturday, highlighting a frightening fact that the industry has begun to seriously grapple with lately. HLVd can severely reduce the potency of cannabis, a process known as “dudding.

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Sustainability in the Spotlight: Has ESG Lost Momentum in the Boardroom?

Harvard Corporate Governance

Posted by Julie Daum (Spencer Stuart) and Kira Ciccarelli (Diligent Institute), on Thursday, July 27, 2023 Editor's Note: Julie Daum is Leader, North American Boards Practice, at Spencer Stuart, and Kira Ciccarelli is a Lead Research Specialist at the Diligent Institute. This post is based on a report by Ms. Daum, Ms. Ciccarelli, Jason Baumgarten , and Dottie Schindlinger.

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Sneak Peak: Cannabis Industry Accounting and Appraisal Guide

BVR

The regulation history of cannabis in the United States is a complex one, as are the valuation issues that stem from its status at the federal level. The following excerpt delves into some of the recent reforms on the legislative side of things.

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Anti Kickback Statute

Value Scope

Anti Kickback Statute Stark Law, Eliminating Kickbacks in Recovery Act of 2018 (EKRA), and Anti Kickback Statute are some of the most challenging issues in physician compensation today. ValueScope’s healthcare experts conduct full audits of billing and compensation processes to determine the effectiveness of Medicare/Medicaid, Workers Compensation, and other compliance efforts.

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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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Ready for prime time? The state of live commerce

Mckinsey and Company

The innovative social-commerce format continues to grow, but its potential could be unlocked by tailored approaches responding to differences in consumer characteristics and needs.

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Surprise state-backed deal for JSR set to consolidate Japan’s chip sector

Financial Times M&A

Chief Eric Johnson hopes take-private move will encourage other semiconductor groups to consider merger talks

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Managing tax overpayments and repayments

ThomsonReuters

Overpayments and repayments are two of the most common anomalies that could complicate year-end and W-2 processing. Now is a great time to sort out any potential difficulties. Jump to: What is an overpayment on taxes? Overpayments and repayments in the current year Overpayments and repayments in subsequent years Preventing tax overpayments What is an overpayment on taxes?

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Chancery Court Offers Guidance on Waivers Not to Sue for Breach of Fiduciary Duty

Harvard Corporate Governance

Posted by Rick S. Horvath, Allie Misner Wasserman, and Andrew Darnell, Dechert LLP, on Wednesday, July 5, 2023 Editor's Note: Rick S. Horvath , and Allie Misner Wasserman are Partners and Andrew Darnell is an Associate at Dechert LLP. This post is based on their Dechert memorandum and is part of the Delaware law series ; links to other posts in the series are available here.

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2023 Factset Review: Top 10 Largest M&A Announcements

BVR

The 2023 Factset Review is out now! This must-have publication is filled with valuable insights on M&A activity. Get a sneak preview of a selection of data from Part 5 of the guide.

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Healthcare Litigation Support

Value Scope

Healthcare Litigation Support Our Healthcare litigation support services practice is focused on assisting clients who have complex and significant dispute and litigation matters. We have vast experience in healthcare valuation, healthcare fraud, and Stark Law. We are able to provide clients with expert healthcare litigation services and support by differentiating ourselves due to the following reasons: Our intensive focus on the healthcare industry for 10+ years.

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Making sense of generational stereotypes at work

Mckinsey and Company

Boomers to the left of you; Gen Z to the right. Are we really so bafflingly different?

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US private equity faces extra scrutiny under new merger review rules

Financial Times M&A

News, analysis and comment from the Financial Times, the worldʼs leading global business publication

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“It’s My Pleasure”: Chick-fil-A Does It Right, While Marriott Does It Wrong!

Rhythm Systems

Customer success guru John DiJulius says that using the phrase “my pleasure” “elevates the professionalism of your employees’ terminology.” These words may be powerful if you deliver remarkable experiences, but they can also annoy the heck out of your customers if you deliver a terrible experience. I want to share two stories with you: a good one and a bad one.

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Share Buybacks and Executive Compensation: Assessing Key Criticisms

Harvard Corporate Governance

Posted by Lane Ringlee, Marizu Madu, and Joadi Ogelsby, Pay Governance LLC, on Sunday, July 16, 2023 Editor's Note: Lane Ringlee is Managing Partner, Marizu Madu is a Principal, and Joadi Oglesby is a Consultant at Pay Governance LLC. This post is based on their Pay Governance memorandum. Related research from the Program on Corporate Governance includes Short-Termism and Capital Flows (discussed on the Forum here ) by Jesse M.

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Trout CPA Hires Senior Outsourced Accounting Specialist

Trout CPA

Trout CPA is excited to announce that Cindy Pontious has been hired as a Senior Outsourced Accounting Specialist in our Mechanicsburg office.

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Healthcare Fraud And Abuse

Value Scope

Healthcare Fraud and Abuse Our healthcare valuation experts have extensive experience in fraud investigations for various types of situations. Some of the areas we have experience investigating include medical record reviews, revenue reports and assessing the legitimacy of supporting documents, documentation and coding. We are experts in assessing situations involving provider and patient kickbacks such facilities offering services to patients at a discount or billing a different service, so it

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What is digital-twin technology?

Mckinsey and Company

A digital twin is a digital representation of a physical object, person, or process, contextualized in a digital version of its environment. Digital twins can help an organization simulate real situations and their outcomes, ultimately allowing it to make better decisions.

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UK competition watchdog reopens Microsoft-Activision deal to scrutiny

Financial Times M&A

CMA invites responses to tech giant’s new arguments in rare move that could pave way for $75bn takeover to close

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IPOs: Offerings Keep Trickling In

Global Finance

Global Finance Magazine - Sticky inflation, interest rate hikes, and Russia’s ongoing war in Ukraine are among the factors that will continue to chill IPO prospects.

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2023 Private Company Board Survey Insights

Harvard Corporate Governance

Posted by Claudia H. Allen, Patrick A. Lee, and Ari Weinberg, KPMG LLP, on Monday, July 17, 2023 Editor's Note: Claudia H. Allen and Patrick A. Lee are Senior Advisors, and Ari Weinberg is a Director at KPMG’s Board Leadership Center. This post is based on their KPMG memorandum. Adding value to private company boards From board structure and agenda priorities to the role of independent directors, private company governance continues to evolve in response to an increasingly complex and chal

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Factor House to Accelerate Early-Stage Growth with Lighter Capital Funding

Lighter Capital

Factor House is on a mission to empower the next generation of software engineers and to shape the future of software development with creative new solutions, built by engineers for engineers. Formally founded in 2019, the Melbourne-based startup has gained traction with its flagship product, ,, Kpow , a web-based enterprise application, which gives engineers simple, secure tools to monitor, manage and control Apache Kafka-powered systems.

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Changing State Residency and the Minnesota Department of Revenue

Redpath

July 27, 2023 — Residency is important because residents of Minnesota are taxed on worldwide income—no matter if it's earned overseas or in another state. If you're considered a Minnesota resident, everything reported on your federal return is going to be taxable to Minnesota. You may get a credit for most of the taxes that you pay to another state but it's all going to be sourced and taxed in Minnesota, whereas non-residents are only going to be taxed on income that is Minnesota-sourced, or Min

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What is a board of directors?

Mckinsey and Company

A board of directors is a governance entity that oversees and supports management on behalf of shareholders and other stakeholders to maximize value creation.

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EssilorLuxottica to move into hearing aids after buying Israeli start-up

Financial Times M&A

World’s largest eyeglasses group to make lenses fitted with acoustic technology developed by Nuance Hearing