Sat.Jul 02, 2022 - Fri.Jul 08, 2022

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2022 Say on Pay & Proxy Results

Harvard Corporate Governance

Posted by Todd Sirras, Austin Vanbastelaer, and Justin Beck, Semler Brossy LLC, on Wednesday, July 6, 2022 Editor's Note: Todd Sirras is a Managing Director, Justin Beck is a Consultant, and Austin Vanbastelaer is a Senior Consultant at Semler Brossy LLC. This post is based on a Semler Brossy memorandum by Mr. Sirras, Mr. Beck, Mr. Vanbastelaer, Alexandria Agee, Sarah Hartman, and Kyle McCarthy.

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Elon Musk says he is terminating $44bn Twitter deal

Financial Times M&A

Social media company vows to enforce agreement, setting stage for fierce legal battle

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Elon Musk Wants Out Of Twitter Deal Due To Lack Of Information: $44B Buyout Off The Table

Benzinga

In a breaking update, Elon Musk has backed out of his deal to buy Twitter, Inc (NYSE: TWTR ) for $44 billion. What Happened: An SEC filing from today has shared that Musk wants out of the deal after false and misleading information was shared to him from Twitter. “ As further described below, Mr. Musk is terminating the Merger Agreement because Twitter is in material breach of multiple provisions of that Agreement, appears to have made false and misleading representations upon which Mr.

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Business Appraisal: How to Value Your Business and Why it is Important

Chris Curtain

What is the Value of Your Company? How do you calculate business value? A business goes through many stages as it progresses through its lifecycle. Some need capital, others require partners, and a few may be ready for a sale. Regardless of which financing event your business is experiencing, you should know how to evaluate […]. The post Business Appraisal: How to Value Your Business and Why it is Important appeared first on Business Appraisal FL | GA.

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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 Critical Role of the Board Chair in Driving Board Performance

Harvard Corporate Governance

Posted by Rusty O'Kelley, Rich Fields, and Laura Sanderson, Russell Reynolds Associates, on Tuesday, July 5, 2022 Editor's Note: Rusty O’Kelley co-leads the Board and CEO Advisory Partners in the Americas, Rich Fields leads the Board Effectiveness practice, and Laura Sanderson co-leads the Board and CEO Advisory Partners in Europe at Russell Reynolds Associates.

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IVSC launches Asia Office in Singapore

IVSC

Minister Indranee Rajah joined valuation, business and finance leaders at the IVSC Asia launch in Singapore. Singapore, 6 July 2022 – The International Valuation Standards Council (IVSC) has selected Singapore as its first base outside Europe to drive its advocacy efforts in the adoption of International Valuation Standards (IVS) in Asia. This signifies Asia’s growing role in raising the standards of valuation; and Singapore’s growth as a Business Valuation (BV), Intangible Assets (IA) Valuation

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The state of customer care in 2022

Mckinsey and Company

Customer experience is more important than ever—yet it has never been more challenging as companies face a perfect storm of increasing call volumes, talent shortages, and rising customer expectations.

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VICI Properties: Creating Value from the Ashes of Caesar’s Demise

Harvard Corporate Governance

Posted by William Ferguson (Ferguson Partners), David F. Larcker (Stanford University), and Brian Tayan (Stanford University), on Thursday, July 7, 2022 Editor's Note: William Ferguson is Chairman at Ferguson Partners; David F. Larcker is the director of the Corporate Governance Research Initiative at Stanford Graduate School of Business and senior faculty of the Arthur and Toni Rembe Rock Center for Corporate Governance at Stanford University; and Brian Tayan is a researcher with the Corporate

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Q2 2022 Venture Capital Funding Data Shows a Steep Drop, But Still Exceeds Pre-Pandemic Levels

National Law Review M&A

Louis Lehot Jurisdiction: All Federal Type of Law: Financial Institutions & Banking Antitrust & Trade Regulation Mergers & Acquisitions

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Envisioning the future of port operations

Avanade

Washington Maritime Blue, 5G Open Innovation Lab and Avanade explore how 5G network connectivity can modernize port operations and support sustainable economic growth.

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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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Global Economics Intelligence executive summary, June 2022

Mckinsey and Company

High energy prices stoke inflation; central banks chart tightening course; supply challenges persist and industry struggles to meet demand.

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Shareholder Resolutions in Review: Lobbying Disclosures

Harvard Corporate Governance

Posted by Subodh Mishra, Institutional Shareholder Services, Inc., on Monday, July 4, 2022 Editor's Note: Subodh Mishra is Global Head of Communications at Institutional Shareholder Services, Inc. This post is based on an ISS memorandum by Paul Hodgson, Senior Editor at ISS Corporate Solutions. Shareholder resolutions filed in the 2022 proxy season reflect continuing investor concern over lobbying activities and whether they are consistent with a company’s public positions and aligned with share

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DOJ Sues to Block Merger Between Booz Allen Hamilton and EverWatch Based on Antitrust Concerns Relating to Single-Contract Market

National Law Review M&A

Leo Caseria Robert Magielnicki Malika Levarlet Rachel Guy Jurisdiction: All Federal Type of Law: Antitrust & Trade Regulation Mergers & Acquisitions Government Contracts, Maritime & Military Law Administrative & Regulatory

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Elon Musk Moves to End $44 Billion Deal to Buy Twitter

NYT M&A

In a regulatory filing on Friday, Mr. Musk said Twitter was in “material breach” of the acquisition agreement.

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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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From vision to green-tech unicorn: Lessons from Enpal

Mckinsey and Company

Enpal’s CEO and founder discusses how an interest in solar installation fueled the creation of a company moving toward full-scale green energy and mobility systems.

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The Proposed SEC Climate Disclosure Rule: A Comment from the Investment Company Institute

Harvard Corporate Governance

Posted by Dorothy Donohue, Susan Olson, and Eric Pan, Investment Company Institute, on Thursday, July 7, 2022 Editor's Note: Dorothy M. Donohue is Deputy General Counsel, Securities Regulation; Susan M. Olson is General Counsel; and Eric J. Pan is President & Chief Executive Officer of the Investment Company Institute. This post is based on their comment letter submitted to the U.S.

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How To Win a Reasonable Compensation Claim From the IRS

BVR

This fascinating blog from RCReports goes over an interesting case involving a small business, the IRS, and a difference of opinion regarding what constitutes reasonable compensation.

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Twitter Analyst Lowers Price Target As 'Greater Uncertainty' Looms Over Elon Musk Deal

Benzinga

Ahead of a special meeting of Twitter, Inc. (NYSE: TWTR ) shareholders in the summer to approve the take-private deal, an analyst at Wedbush said he sees a "greater looming uncertainty" surrounding the completion of the transaction. The Twitter Analyst: Daniel Ives maintained a Neutral rating on Twitter shares and reduced the price target from $54 to $43.

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Climate impact of plastics

Mckinsey and Company

Plastics are frequently criticized for everything from their toxicity to their contributions to ocean pollution, but they play an important role in reducing greenhouse gas emissions.

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Developments in Unfair Prejudice Litigation

Harvard Corporate Governance

Posted by James Whitaker and Riku Ode, Mayer Brown LLP, on Saturday, July 2, 2022 Editor's Note: James Whitaker is partner and Riku Ode is a trainee solicitor at Mayer Brown LLP. This post is based on their Mayer Brown memorandum. Introduction. Companies—both public and private, and in multiple sectors—continue to grapple with the challenges of today’s economic climate.

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Twitter Is Ready for a Potential Legal Battle With Elon Musk

NYT M&A

Mr. Musk has appeared reluctant to proceed with the $44 billion agreement, citing uncertainty about the number of fake accounts on the platform.

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Benchmark International Successfully Facilitated the Transaction Between Tops Security Solutions Limited and Banham

Benchmark Report

Benchmark International is pleased to announce the acquisition of Swindon-based Tops Security by London-based Banham. Tops Security is a provider of electronic security systems for domestic and commercial customers, offering a comprehensive product range including intruder and fire alarm systems, CCTV, and access control systems. The company provides a turnkey solution, providing customers with design, installation, and on-going technical support.

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Unlocking the potential of public-sector IT projects

Mckinsey and Company

Public-sector IT projects can leverage four drivers of performance improvement to maximize value.

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Hidden Agendas in Shareholder Voting

Harvard Corporate Governance

Posted by Scott Hirst (Boston University), and Adriana Robertson (University of Chicago), on Wednesday, July 6, 2022 Editor's Note: Scott Hirst is Associate Professor of Law at Boston University and Adriana Z. Robertson is Donald N. Pritzker Professor of Business Law at the University of Chicago Law School. This post is based on their recent paper , forthcoming in the Yale Journal on Regulation.

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Twitter’s CEO seeks to ‘swing back’ in Elon Musk takeover battle

Financial Times M&A

Parag Agrawal tries to prove his sceptics wrong as social media company fights to close $44bn deal with Tesla boss

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On Again, Off Again: Is Elon Musk's Deal To Buy Twitter In Jeopardy Again? Depends On Who You Ask

Benzinga

Shares of social media platform Twitter Inc (NYSE: TWTR ) jumped Thursday with a report that an acquisition by Tesla Inc (NASDAQ: TSLA ) CEO Elon Musk could be nearing a finish line. Twitter shares then fell after-hours Thursday after a new report said the deal to buy Twitter is in “peril.” What Happened: A new report from The Washington Post calls a planned $44 billion acquisition of Twitter by Musk in jeopardy due to figures on spam accounts not being able to be verified.

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The McKinsey Crossword: Inflation | No. 83

Mckinsey and Company

Sharpen your problem-solving skills the McKinsey way, with our weekly crossword. Each puzzle is created with the McKinsey audience in mind, and includes a subtle (and sometimes not-so-subtle) business theme for you to find. Answers that are directionally correct may not cut it if you’re looking for a quick win.

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What the Volume and Diversity of Comment Letters to the SEC Say About its Climate Proposal

Harvard Corporate Governance

Posted by Lawrence A. Cunningham (George Washington University), on Sunday, July 3, 2022 Editor's Note: Lawrence A. Cunningham is the Henry St. George Tucker III Research Professor at George Washington University Law School. Related research from the Program on Corporate Governance includes The Illusory Promise of Stakeholder Governance (discussed on the Forum here ) and Will Corporations Deliver Value to All Stakeholders?

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Merck in talks over $40bn deal for cancer biotech SeaGen

Financial Times M&A

US group attracted by approved drugs as it prepares to lose patent protection of Keytruda

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Inotiv Expands Protein/Peptide Bioanalytical Capabilities With This Deal

Benzinga

Contract research organization Inotiv Inc (NASDAQ: NOTV ) acquired Nashville, Tennessee-based Protypia Inc for $11 million. Inotiv specializes in nonclinical and analytical drug discovery, development services, research models, and related products and services. Protypia is a protein/peptide bioanalytical company offering high-quality, targeted tissue-based.

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The promise and challenge of multi-client fulfillment for e-commerce

Mckinsey and Company

A multi-client fulfillment model could help third-party logistics providers gain competitive advantage, but it also poses challenges—here’s how they can be overcome.

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The Proposed SEC Climate Disclosure Rule: A Comment from Jon Lukomnik and Keith Johnson

Harvard Corporate Governance

Posted by Jon Lukomnik (Sinclair Capital), and Keith Johnson (Global Investor Collaboration Services, LLC), on Friday, July 8, 2022 Editor's Note: Jon Lukomnik is Managing Director of Sinclair Capital, LLC, and Keith Johnson is CEO of Global Investor Collaboration Services, LLC. This post is based on their comment letter submitted to the SEC regarding the Proposed SEC Climate Disclosure Rule.

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Benchmark International Successfully Facilitated the Transaction Between Zencom Telecommunications Limited and Communicate Technology PLC

Benchmark Report

Benchmark International is pleased to announce the acquisition of London-based Zencom to Wynard-based Communicate. Zencom supplies inbound and outbound call services to SMEs and blue-chip companies including call routing, invoicing and online real-time management call statistics. Since 2011, Communicate has been a specialist in IT, telecoms and cyber-security, keeping over 500 businesses and 50,000 users connected and secure across the UK.

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Notice Woes Pause Action On $31.5M Schwab Suit Deal In Del.

Law 360 M&A

A Delaware vice chancellor has rescheduled a hearing to consider a $31.5 million settlement to end a stockholder suit over TD Ameritrade Holding Corp.'s merger with the Charles Schwab Corp. after counsel said a noticing agent had "inadvertently failed" to notify 20,000 potential class members.

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