Sat.Jul 08, 2023 - Fri.Jul 14, 2023

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Where The FTC Went Wrong Against Microsoft-Activision

Law 360 M&A

A California federal judge gave the Federal Trade Commission little in the way of a silver lining Tuesday by rejecting virtually every aspect of the agency's challenge of Microsoft's $68.7 billion Activision Blizzard purchase, from the alleged facts of video game distribution to the governing legal standards.

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X Corp. v. Wachtell, Lipton, Rosen & Katz: Complaint

Harvard Corporate Governance

Posted by Leeor Ofer (Harvard Law School), on Tuesday, July 11, 2023 Editor's Note: This post provides the text of the complaint filed July 5, 2023, by X Corp. against Wachtell, Lipton, Rosen & Katz. Plaintiff X Corp., the successor-in-interest to Twitter, Inc. ( “Twitter” ), files this Original Complaint against Wachtell, Lipton, Rosen & Katz ( “Wachtell” ), and alleges as follows: NATURE OF THE ACTION 1.

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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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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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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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Master the Rhythm System: Unlocking Business Scalability and Long-Term Success

Rhythm Systems

In this blog article, we will dive into the essential aspects of rhythm systems, a successful strategy for execution, and how it can unlock scalability in your organization. We will explore the core elements of the Rhythm System, what it takes to develop and implement a successful strategy, and how it drives organizational performance and employee engagement.

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Embracing Technology in the Future Boardroom

Harvard Corporate Governance

Posted by James Beasley, Nasdaq Governance Solutions, on Sunday, July 9, 2023 Editor's Note: James Beasley is Head of Board Advisory in the EMEA region at Nasdaq. This post is based on a publication by Nasdaq Governance Solutions. Technology is transforming how businesses operate and communicate. Businesses of all shapes and sizes are constantly assessing how new technologies might expedite and enhance ways of working—the boardroom is no exception.

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How payers could unlock value by improving transitions of care

Mckinsey and Company

Using a three-step approach, payers could seek to reduce hospital readmissions, potentially improving patient experience and care outcomes and cutting costs for stakeholders.

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Warren Buffett's Berkshire Hathaway Set For $1B Windfall Following Microsoft-Activision Deal

Benzinga

On Tuesday, Warren Buffett’s Berkshire Hathaway (NYSE: BRK ) stood to make a profit of over $1 billion following the court’s decision to allow Microsoft (NASDAQ: MSFT ) to proceed with its acquisition of Activision Blizzard (NASDAQ: ATVI ), Business Insider reports. What Happened: Berkshire Hathaway, which owned nearly 50 million shares of Activision at the end of the first quarter of 2023, is set to make a significant profit if Microsoft’s acquisition goes through at its all-c

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Out with Fiduciary Out?

Harvard Corporate Governance

Posted by Adi Libson and Guy Firer (Bar-Ilan University) , on Monday, July 10, 2023 Editor's Note: Adi Libson is an Assistant Professor, at Bar-Ilan University Faculty of Law, and Guy Firer is a Partner at S. Horowitz & Co. and a Ph.D. candidate at Bar-Ilan University. This post is based on their recent article , forthcoming in the Journal of Corporation Law, and is part of the Delaware law series ; links to other posts in the series are available here.

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How AI-Powered Software Can Help You Achieve High-Performance Culture

Rhythm Systems

In today's fast-paced business world, high-performance culture is essential to success. Every organization, regardless of its size or industry, strives towards higher goals and wants to ensure a high-performance culture is prevalent throughout the organization. However, achieving this goal is easier said than done. Companies must focus on personalized learning, individual attention, and real-time feedback to accomplish this objective.

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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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High hopes despite high prices: An update on European consumer sentiment

Mckinsey and Company

Consumer confidence has grown dramatically across the continent—but geopolitical concerns and price increases continue to affect how consumers intend to spend. ConsumerWise offers its latest research.

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Nasdaq Removes Activision Blizzard From Index: Is Microsoft Merger Now 'Highly Probable'?

Benzinga

The tech and video game sectors were rocked this week when the Federal Trade Commission's request to halt a $69-billion merger in the space was turned down. The news could lead to the merger ultimately being approved and might have kickstarted stock market index shuffling. What Happened : Technology giant Microsoft Corporation (NASDAQ: MSFT ) announced a $69-billion acquisition of Activision Blizzard (NASDAQ: ATVI ) in January 2022, valuing shares of the video game company at $95 each.

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Market Changes and the Emergence of New Players Are Impacting Activism

Harvard Corporate Governance

Posted by Demetrius A. Warrick, Richard J. Grossman, and Neil P. Stronski, Skadden, Arps, Slate, Meagher & Flom LLP, on Tuesday, July 11, 2023 Editor's Note: Demetrius A. Warrick , Richard J. Grossman , and Neil P. Stronski are Partners at Skadden, Arps, Slate, Meagher & Flom LLP. This post is based on a Skadden memorandum by Mr. Warrick, Mr.

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What is sales tax?

ThomsonReuters

Jump to: What is sales tax? Sales tax varies by state What is nexus? What is excise tax? What is VAT tax? Sales tax vs. use tax Summary Sales tax, which is a consumption tax levied on the sale of goods and services, is an important source of revenue for governments at the state and local levels. While, in many instances, businesses are required to charge and collect sales tax from consumers, knowing when and how to charge sales tax can get complex.

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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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Sweeping changes to Medicare Advantage: How payers could respond

Mckinsey and Company

The Medicare Advantage program is undergoing its biggest shifts in more than two decades. Payers can take steps now to mount a strategic, agile response as the changes unfold.

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Broadcom's $61B VMware Deal Conditionally Cleared By EU

Law 360 M&A

The European Union's antitrust authority said Wednesday that it has cleared the planned $61 billion purchase by chipmaker Broadcom of VMware, a cloud services provider, although it will require fixes intended to help rivals.

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Shareholder Proposal No-Action Requests in the 2023 Proxy Season

Harvard Corporate Governance

Posted by Marc S. Gerber and Ryan J. Adams, Skadden, Arps, Slate, Meagher & Flom LLP, on Saturday, July 8, 2023 Editor's Note: Marc S. Gerber is a Partner and Ryan J. Adams is Counsel at Skadden, Arps, Slate, Meagher & Flom LLP. This post is based on their Skadden memorandum. Key Points Companies lodged fewer no-action requests for the exclusion of shareholder proposals in the 2023 proxy season after the SEC Staff outlined new guidelines in 2021 and the Staff rejected many requests in th

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What is use tax?

ThomsonReuters

Jump to: What is use tax? What is nexus? Sales tax vs. use tax Summary Sales tax and use tax are important sources of revenue for the government but properly calculating, collecting, and reporting these taxes can quickly get complicated. This is especially true as companies grow and increasingly reach consumers outside of their geographic borders.

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Five key questions to get a tech transformation right

Mckinsey and Company

The most financially successful companies approach tech transformations differently from the rest, and their methods suggest a road map for success that others can follow.

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Comment on Biased Appraisers? I Don’t Think So by Harriette Ms. Mccollough

Appraisers Blog

I am a woman, have been an Appraiser for 27 years. In Oklahoma. I don’t believe racial bias is a part of the Appraisal Business. It is not easy to get all the education requirements and pass the state test. Then the AMC takes more & more of the appraiser fees. The AMC are forcing the appraiser to submit lower & lower fees in order to get the appraisal assignment.

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Reopening of Advance Notice Window Requires Activists to Show “Radical Shift” at Company

Harvard Corporate Governance

Posted by Scott A. Barshay, Andre G. Bouchard, and Laura C. Turano, Paul, Weiss, Rifkind, Wharton & Garrison LLP, on Thursday, July 13, 2023 Editor's Note: Scott A. Barshay , Andre Bouchard , and Laura C. Turano are Partners at Paul, Weiss, Rifkind, Wharton & Garrison LLP. This post is based on a Paul Weiss memorandum by Mr. Barshay, Mr. Bouchard, Ms.

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Three ways AI can elevate your tax workflow

ThomsonReuters

If you’re part of a small or medium-sized tax and accounting firm, you may think artificial intelligence (AI) solutions are solely designed for large organizations – but think again. To succeed in an increasingly competitive landscape, forward-thinking accounting firms of all sizes are harnessing the power of AI to automate their tax workflows, thus boosting efficiency, empowering staff, and wowing clients.

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Service-Level Agreements (SLAs) for Bank Vendor Management | Ncontracts

N Contracts

Service-level agreements (SLAs) between banks and third-party providers specify performance standards and establish benchmarks for service. Many standard contracts that vendors offer fail to spell out performance expectations, such as uptime for technology service providers (TSPs) or business continuity plans in the case of an unforeseen event.

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What's Going On With Activision Blizzard and Microsoft Stock Friday?

Benzinga

Microsoft Corp (NASDAQ: MSFT ) and Activision Blizzard, Inc (NASDAQ: ATVI ) stocks are trading higher Friday amid reports of the companies exploring giving up some control of their cloud-gaming business in the U.K. to appease regulators to complete their $69 billion merger by the July 18 deadline. The relinquishing of control could involve selling off the cloud-based market rights for games in the U.K. to a telecommunications, gaming, internet-based computing company, or a private equity company

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Florida Law Restricts Use of Certain ESG Factors by Asset Managers and Financial Institutions

Harvard Corporate Governance

Posted by Betty M. Huber, Sarah E. Fortt, and Joshua N. Holian, Latham & Watkins LLP, on Thursday, July 13, 2023 Editor's Note: Betty M. Huber , Sarah E. Fortt , and Joshua N. Holian are Partners at Latham & Watkins LLP. This post is based on a Latham memorandum by Ms. Huber, Ms. Fortt, Mr. Holian, Austin J. Pierce , Charlie Beller , and Karmpreet (Preeti) Grewal.

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Sales tax vs. use tax: the differences

ThomsonReuters

Jump to: What is sales tax? What is use tax? Sales tax vs. use tax Summary Calculating, collecting, and reporting sales tax and use tax can get complicated as a business grows, and it can be easy to confuse these two types of indirect taxes. Changing tax regulations can also make it challenging to keep pace. However, it is important to understand both the differences and similarities to help ensure compliance and visibility into a company’s costs.

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A new approach to impact investing from entrepreneur and venture capitalist Fabian Heilemann

Mckinsey and Company

The CEO and cofounder of AENU discusses his transition to impact investing and how new structures for impact funds can prioritize high financial returns and social impact.

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Why Jupiter Wellness Stock Is Surging Today

Benzinga

Jupiter Wellness Inc (NASDAQ: JUPW ) shares are surging after it entered into an asset purchase agreement with GBB Drink Lab Inc. Under the agreement, all operating assets related to GBB Drink Lab, including the Safety Shot beverage, will belong to Jupiter Wellness. The financial details of the deal were not disclosed. The company noted asset is valued at $53 million by a third-party.

Equity 94
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Amending Charters to Address Universal Proxy, Shareholder Activism and Officer Exculpation

Harvard Corporate Governance

Posted by Maia Gez, Thomas W. Christopher and Danielle Herrick, White & Case LLP, on Monday, July 10, 2023 Editor's Note: Maia Gez and Thomas W. Christopher are Partners and Danielle Herrick is an Attorney at White & Case LLP. This post is based on a White & Case memorandum by Ms. Gez, Mr. Christopher, Ms. Herrick, Jennifer Chu , Colin J.

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Comment on Foregoing Contingencies! But What About Fiduciary Duty? by don

Appraisers Blog

In reply to Baggins. Eleven plus my grandfather bought 80 acres just outside of Bakersfield California when a grand scheme was ongoing about reserve oil for the Navy. The 80 ac’s was ugly, salty and didn’t grow anything so it must be potential oil. One of the members kept up the taxes for about 60 years, finally hiring an attorney to separate the lands into those who would pay.

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Performance edge: Investors hone their strategies for a new era

Mckinsey and Company

Institutional investors are rethinking their strategies across three areas of fundamental importance: purpose, portfolio construction, and proficiency.

Equity 92
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F.T.C.’s Lina Khan Faces Fresh Questions After Microsoft Ruling

NYT M&A

Lina Khan has said a fear of defeat should not deter the agency from suing big tech companies. But after Microsoft won a ruling this week, her critics say that strategy is flawed.

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The Developing Litigation Risks from the ESG Backlash in the United States

Harvard Corporate Governance

Posted by Rick S. Horvath, Julien Bourgeois and Mark D. Perlow, Dechert LLP, on Wednesday, July 12, 2023 Editor's Note: Rick S. Horvath , Julien Bourgeois , and Mark D. Perlow are Partners at Dechert LLP. This post is based on a Dechert memorandum by Mr. Horvath, Mr. Bourgeois, Mr. Perlow, David A. Kotler , James A. Fishkin and Stephen M. Leitzell.

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Comment on Has FNMA Gotten Too Big to Control? by Baggins

Appraisers Blog

In reply to Kim DeFilippis. I’m struggling to understand why they would not simply sell. Unless they’re somehow confident that the heloc brings them more cash than an open market sale? I ran into a couple a year or so back whom sold at the actual peak, and simply rented out their neighbors investment property, with plans to buy again a year or two later after some market deflation happened.