Sat.May 06, 2023 - Fri.May 12, 2023

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Racism and Systemic Risk

Harvard Corporate Governance

Posted by Cary Martin Shelby (Washington and Lee University), on Thursday, May 11, 2023 Editor's Note: Cary Martin Shelby is a Professor of Law at Washington and Lee University School of Law. This post is based on her recent paper , forthcoming in the Northwestern University Law Review. News of colossal bank failures have threatened economic stability once again.

Banking 298
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SBA Issues Change of Conditions for a Seller Note

Viking Mergers

We wanted to share some important changes that the SBA has issued and what that means for both Buyers and Sellers. The SBA changed the conditions for a Seller Note to be considered part of the Buyers Equity Injection (aka Down Payment). Under the former guidelines, the seller note must be on Full Standby (no principle or interest payments) until the SBA Loan was paid in full.

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Trending Sources

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AI-powered marketing and sales reach new heights with generative AI

Mckinsey and Company

AI technology has revolutionized marketing and sales; now, generative AI promises to disrupt the way B2B and B2C players think about customer experience, productivity, and growth.

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NIST Password Guidelines: Requirements to Creating a Strong Password

Audit Board

Do you think you know what it takes to create a secure password? How can you ensure your company’s systems users and employees are creating passwords that will protect confidential data, keep communications private, and prevent cyberattacks from damaging the company’s reputation and bottom line? The National Institute of Standards and Technology (NIST) regularly updates its Digital Identity Guidelines, including password creation and secrets management.

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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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Board Actions to Boost Corporate Sustainability

Harvard Corporate Governance

Posted by Laura Sanderson, Sarah Galloway and Kurt Harrison, Russell Reynolds Associates, on Tuesday, May 9, 2023 Editor's Note: Laura Sanderson co-leads the Board and CEO Advisory Partners in Europe and Sarah Galloway and Kurt Harrison are co-heads of Global Sustainability Practice at Russell Reynolds Associates. This post is based on their Russell Reynolds memorandum.

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Advisor Feature: Reed Kelly in Nashville, TN 

Viking Mergers

Reed Kelly’s journey from a small town in Tennessee to a Senior Advisor at Viking M&A is an inspiring one. He has navigated various challenges and changes in his career and emerged as a successful leader in the financial services and M&A industry. His story is a prime example of how hard work and a willingness to adapt can lead to success in any industry.

Start-ups 130

More Trending

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HEXO Corp. Advances Arrangement Agreement With Tilray Brands Inc.

Benzinga

HEXO Corp. (TSX: HEXO) (NASDAQ: HEXO ) received an interim order from the Ontario Superior Court of Justice advancing its arrangement agreement with Tilray Brands Inc. (NASDAQ: TLRY ). In this transaction, Tilray agreed to acquire all of HEXO's common shares through a court-approved plan of arrangement. To proceed with the arrangement, a special meeting will be held on June 14, Full story available on Benzinga.

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Financing Sustainable Change: What Does Good Governance Look Like?

Harvard Corporate Governance

Posted by Robert G. Eccles (Oxford University) and Vanessa Havard-Williams (Linklaters LLP), on Wednesday, May 10, 2023 Editor's Note: Robert G. Eccles is Visiting Professor of Management Practice at Oxford University Said Business School and Vanessa Havard-Williams is partner and Global Head of Environment & Climate Change at Linklaters LLP. This post is based on their FCA paper.

Finance 256
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Cybersecurity Disclosure Requirements: What's Changing in 2023 and How to Prepare

Audit Board

Cyber attacks keep growing in sophistication, relentlessness, and destructiveness , with cyber criminals finding new ways to evade detection and exploit or re-weaponize vulnerabilities. Every company should feel urgency about maturing cybersecurity risk management. That’s the core message behind the heightened regulatory focus on cybersecurity — and with the expected finalization of the U.S.

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The art of data: Empowering art institutions with data and analytics

Mckinsey and Company

A data-driven view of key metrics can help art organizations articulate value, reshape strategy, build resilience, and achieve operational excellence.

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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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VinFast Is Going Public: What Investors Should Know About Tesla Rival, Third Largest SPAC Deal

Benzinga

Electric vehicle (EV) company VinFast is going public via SPAC merger in a deal announced Friday morning. Here are the key details. The SPAC Deal: VinFast announced a SPAC merger with Black Spade Acquisition Co (NYSE: BSAQ ). The deal comes as VinFast previously filed for an initial public offering in the U.S. The merger values VinFast at an enterprise value of $27 billion, which makes it the third-largest SPAC merger in history, according to SPAC expert Julian Klymochko.

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Superstar CEOs and Corporate Law

Harvard Corporate Governance

Posted by Assaf Hamdani and Kobi Kastiel (Tel Aviv University) , on Monday, May 8, 2023 Editor's Note: Assaf Hamdani is Professor of Law at Tel Aviv University; Kobi Kastiel is Professor of Law at Tel Aviv University, and Senior Fellow of the Harvard Law School Program on Corporate Governance. This post is based on their recent article , forthcoming in the Washington University Law Review.

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Must Our Group Health Plan Continue to Cover COVID-19 Testing and Vaccines After the Public Health Emergency Has Ended?

ThomsonReuters

QUESTION: Throughout the pandemic, our company’s group health plan has covered COVID-19 testing and vaccines at no cost to plan participants. Is this still required now that the public health emergency has ended? ANSWER: During the COVID-19 public health emergency (PHE), which ended May 11, 2023, group health plans were required to cover COVID-19 testing with no cost-sharing, prior authorization, or other medical management restrictions.

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Agile insurance: Lessons from leaders of Greek insurer Interamerican

Mckinsey and Company

Interamerican demonstrates how Southern European insurers can launch a successful agile transformation within their own cultural contexts.

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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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EG Acquisition Corp. and flyExclusive Announce Filing of Preliminary Proxy Statement with SEC in Connection with their Proposed Business Combination

Business Wire M&A

NEW YORK & KINSTON, N.C.--(BUSINESS WIRE)--EG Acquisition Corp. (NYSE: EGGF), a Special Purpose Acquisition Company (“SPAC”), sponsored by EnTrust Global and GMF Capital, and flyExclusive, a leading provider of premium private jet experiences, today announced that EGGF has filed with the U.S.

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Banking Crises in Historical Perspective

Harvard Corporate Governance

Posted by Carola Frydman (Northwestern University) and Chenzi Xu (Stanford University) , on Friday, May 12, 2023 Editor's Note: Carola Frydman is Professor of Finance at the Kellogg School of Management at Northwestern University, and Chenzi Xu is an Assistant Professor of Finance at Stanford University Graduate School of Business. This post is based on their recent paper.

Banking 247
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MGP Ingredients Buys This Family And Founder-Owned American Whiskey Company Penelope Bourbon

Benzinga

MGP Ingredients, Inc (NASDAQ: MGPI ) said its subsidiary, Luxco Inc, has reached a definitive agreement to acquire 100% of the equity of Penelope Bourbon LLC and its related assets. The consideration includes upfront $105.0 million in cash to be paid at closing, with further potential earn-out contingent of up to a maximum cash payout of $110.8 million measured through December 31, 2025, Full story available on Benzinga.

Equity 98
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It’s (past) time to get strategic about DEI

Mckinsey and Company

Companies have committed to being more diverse, inclusive, and equitable, but many struggle to make significant progress in these areas. Here’s how they can meet DEI ambitions—now and in the longer term.

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Texas Amends Rule for Sourcing Gross Receipts from Services

Trout CPA

On January 5, the Texas Comptroller of Public Accounts filed proposed amendments to 34 Tex. Admin. Code §3.591 with the Secretary of State in response to the Texas Supreme Court’s unanimous decision in Sirius XM Radio Inc. v. Hegar. On March 14, it formally adopted those amendments.

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Diversity and Inclusion—an Investor’s Handbook

Harvard Corporate Governance

Posted by Diana Lee, AllianceBernstein, on Saturday, May 6, 2023 Editor's Note: Diana Lee is Director of Corporate Governance and an ESG Analyst for Responsible Investment team at AllianceBernstein. This post is based on her AllianceBernstein memorandum. Managing a workforce has always been vital for business success. In today’s increasingly diverse society, successful people management is critical for companies seeking to retain talent and cultivate positive customer relationships.

Equity 244
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Helping Malaysian organizations take the next step in sustainability

Avanade

Avanade's Southeast Asia General Manager, Bhavya Kapoor, shares his views on the effective strategies Malaysian organizations need to take in order to move beyond sustainability pledges and accelerate progress

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How agtech is poised to transform India into a farming powerhouse

Mckinsey and Company

Technology is rapidly reshaping agriculture in India, creating investment opportunities, lifting up rural areas, and feeding the world.

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Activision Blizzard In 'Pannick' Mode, Taps Queen Elizabeth II's Former Lawyer For CMA Appeal

Benzinga

Activision Blizzard, Inc. (NASDAQ: ATVI ) hired Lord David Pannick KC to represent its appeal against the Competition and Market Authority (CMA) board's decision to halt Microsoft Corp.'s (NASDAQ: MSFT ) proposed $68.7 billion acquisition. The appeal will be brought to the Competition Appeal Tribunal (CAT). Pannick is a well-known figure in the U.K.'s legal field, having served as a lawyer for several decades.

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Diversifying the Boardroom: 2022 Disclosures

Harvard Corporate Governance

Posted by David A. Bell, Dawn Belt and Ron C. Llewellyn, Fenwick & West LLP, on Thursday, May 11, 2023 Editor's Note: David A. Bell and Dawn Belt are partners and Ron C. Llewellyn is counsel at Fenwick & West LLP. This post is based on their Fenwick memorandum. Related research from the Program on Corporate Governance includes Politics and Gender in the Executive Suite (discussed on the Forum here ) by Alma Cohen, Moshe Hazan, and David Weiss ; Will Nasdaq’s Diversity Rules Harm I

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Paul Weiss' Veeraraghavan On Slew Of Health Care Deals

Law 360 M&A

The health care sector has been good to Paul Weiss partner Krishna Veeraraghavan, who last week guided Amedisys Inc. in its $3.6 billion merger with Option Care Health after a string of other health care deals. Veeraraghavan spoke with Law360 about deals, current health care M&A trends and more.

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Moving supply chain leaders to the C-suite

Mckinsey and Company

The authors of From Source to Sold discuss how supply chain leaders can take a seat at the boardroom table, becoming strategic leaders who help drive more resilient supply chains.

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Why Buyers Walk Away…

A Neumann & Associates

Life is Good! You made the decision to sell your business, have a buyer that has signed an Offer to Purchase, and you are deep into the Due Diligence period. The escrow check has been deposited with your lawyer and you have set a closing date that is 45 days away. You can already picture the traveling that you have been promising your spouse that you would do once the business is sold.

Banking 94
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Delaware M&A: Spring 2023

Harvard Corporate Governance

Posted by Andre G. Bouchard, Kyle T. Seifried, Laura C. Turano, Paul, Weiss, Rifkind, Wharton & Garrison LLP, on Sunday, May 7, 2023 Editor's Note: Andre Bouchard , Kyle Seifried , and Laura C. Turano are partners at Paul, Weiss, Rifkind, Wharton & Garrison LLP. This post is based on their Paul Weiss memorandum and is part of the Delaware law series ; links to other posts in the series are available here.

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Treat Employer Contributions as Roth Contributions Under SECURE 2.0

Trout CPA

Of the many provisions within the SECURE 2.0 Act, there is one that plan sponsors may want to pay particular attention to: the option to allow employees to elect to treat employer contributions as Roth contributions. We expect this provision will attract employees’ attention because it expands the retirement toolkit for plan participants. But there are important issues to navigate as the dust from the recently passed legislation settles.

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Virtual hospitals could offer respite to overwhelmed health systems

Mckinsey and Company

A shift to more-accessible, cost-effective virtual-care models could mitigate increases in healthcare service demand, expenditures, and patient dissatisfaction.

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Comment on AMC Hires a Convicted Felon as Property Data Collector by Todd Redington, SRA AI-RRS AGA

Appraisers Blog

In reply to IMJSAYN. As stated in my post, I am not affiliated with Class. That said, I do know someone there high enough in the chain that would know and the person in question never performed an assignment. The situation was caught prior to their performing any assignments and removed from the panel. This is why I wait until I know all the facts before throwing a company or a person under the bus.

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Weekly Roundup: May 5-11, 2023

Harvard Corporate Governance

Posted by the Harvard Law School Forum on Corporate Governance, on Friday, May 12, 2023 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of May 5-11, 2023. Statement by Commissioner Peirce on Share Repurchase Disclosure Modernization Posted by Hester M. Peirce, U.S. Securities and Exchange Commission, on Friday, May 5, 2023 Tags: disclosures , Financial institutions , FPIs , Monetary policy , SEC enforcement , Share Buybacks Statement by Chair

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You Won't Find The Answers To These Questions In The California General Corporation Law

National Law Review M&A

Keith Paul Bishop Jurisdiction: California Type of Law: Corporate & Business Organizations Litigation / Trial Practice Mergers & Acquisitions Special highlight:

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Survival through purpose: How Ukrainian businesses endured amid extreme uncertainty

Mckinsey and Company

Ukrainian businesses that have survived and thrived in the face of an unforeseen Russian invasion offer lessons in resilience.

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