Sat.Jul 09, 2022 - Fri.Jul 15, 2022

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Twitter vs. Musk: The Complaint

Harvard Corporate Governance

Posted by Anna Restuccia (Harvard Law School), on Thursday, July 14, 2022 Editor's Note: This post provides the text of the complaint filed in on July 12, 2022 by Twitter in its widely-followed case against Elon Musk. This post is part of the Delaware law series ; links to other posts in the series are available here. IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE.

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The Great Attrition is making hiring harder. Are you searching the right talent pools?

Mckinsey and Company

People keep quitting at record levels, yet companies are still trying to attract and retain them the same old ways. New research identifies five types of workers that employers can reach to fill jobs.

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Experts say Musk faces uphill battle for victory in Twitter legal fight

Financial Times M&A

Social media platform seeks to force the Tesla boss to go through with his takeover

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How Twitter and Tesla Shares Would React To Termination Of Musk-Twitter Deal: Analysts Weigh In

Benzinga

After weeks of dilly-dallying, Tesla, Inc. (NASDAQ: TSLA ) chief executive officer Elon Musk confirmed late Friday that he is terminating the deal to buy Twitter, Inc. (NYSE: TWTR ). Legal Battle In Cards: Close on the heels of Musk's disclosure of his intentions, Bret Taylor, chairman of Twitter's board, tweeted that the board is committed to closing the transaction on the price and terms agreed upon with Musk.

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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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Poised for Change? Boardroom Diversity Survey

Harvard Corporate Governance

Posted by Melissa Aguilar, KPMG Board Leadership Center, on Monday, July 11, 2022 Editor's Note: Melissa Aguilar is Director of Content Creation at the KPMG Board Leadership Center, KPMG LLP. This post is based on her KPMG 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 Investors?

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Best of both worlds: Balancing digital and physical channels in retail banking

Mckinsey and Company

Banking distribution needs to account for the evolving interdependencies between channels. Accelerating digital and upgrading the physical experience to “phygital” offers a viable solution.

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Richard Stewart OAM appointed Chair of the IVSC Business Valuation Board

IVSC

Sydney-based PwC Partner, Richard Stewart OAM, has been appointed as the next Chair of the IVSC’s Business Valuation Board (BVB). Richard joined the Board as a member in March 2019 and takes over from Andreas Ohl who steps down after a seven-year contribution to the IVSC’s standard setting boards. Richard will also take over from Andreas as the BVB representative on the Standards Review Board which oversees the IVSC’s standards agenda.

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How Issuers and Investors Can Find Common Ground on ESG

Harvard Corporate Governance

Posted by James Killerlane, BNY Mellon, on Tuesday, July 12, 2022 Editor's Note: James Killerlane is the Corporate Secretary, Managing Director and Deputy General Counsel of BNY Mellon. This post is based on a BNY Mellon report. Related research from the Program on Corporate Governance includes Companies Should Maximize Shareholder Welfare Not Market Value by Oliver Hart and Luigi Zingales (discussed on the Forum here ); Reconciling Fiduciary Duty and Social Conscience: The Law and Economics of

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What is innovation?

Mckinsey and Company

Innovation—in a business context—is the systematic practice of developing and marketing breakthrough products and services for adoption by customers.

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Top 5 Growing Business Industries in Nashville, TN

Viking Mergers

Here at Viking Mergers & Acquisitions, we strive to provide the best professional and confidential services to our clients located throughout the Southeast United States. Our markets focus on cities that embrace entrepreneurship and the surrounding areas where business is thriving. Right now, Middle Tennessee is booming with business and entrepreneurship and is an ideal place to start, grow, or buy a business.

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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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UK company insolvencies rise 70% in past year

Accountancy Today

UK company insolvencies have jumped 70%, from 11,261 to 19,191 in the last year according to Mazars, the international audit, tax and advisory firm. Mazars said the figures come in the face of the highest interest rates in 13 years which have made businesses’ debts more expensive to service and has led to an even greater number of indebted businesses falling into insolvency.

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How Gold Medal Boards Prioritize Their Time

Harvard Corporate Governance

Posted by Rusty O'Kelley, Rich Fields, and Laura Sanderson, Russell Reynolds Associates, on Saturday, July 9, 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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What is the metaverse?

Mckinsey and Company

These emerging digital spaces use virtual reality, augmented reality, and other technologies to allow for lifelike experiences online.

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Twitter’s board says it will see Elon Musk in court

Financial Times M&A

Who could have guessed that Elon wouldn’t follow through?

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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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Corporate Culture and Financial Reporting Quality

Reynolds Holding

Corporate culture is an important determinant of companies’ behavior and success and, as a result, has drawn much attention, particularly from the business press. While some companies have received praise for their corporate cultures, others such as Wells Fargo, Valeant Pharmaceuticals, Toshiba, and Hertz have been severely criticized for maintaining cultures that have led to some of the most egregious misconduct in recent years, despite each of these companies having formal ethics and complianc

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The Data Story of Ukraine, Russia and Corporate Responses

Harvard Corporate Governance

Posted by Michael White and Ana Rocha, Kekst CNC, on Sunday, July 10, 2022 Editor's Note: Michael White is a Senior Consultant and Ana Rocha is an Associate at Kekst CNC. This post is based on their Kekst CNC memorandum. Related research from the Program on Corporate Governance includes The Illusory Promise of Stakeholder Governance by Lucian A. Bebchuk and Roberto Tallarita (discussed on the Forum here ); For Whom Corporate Leaders Bargain (discussed on the Forum here ) and Stakeholder Capitali

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What is the Internet of Things?

Mckinsey and Company

It describes objects and a variety of technologies that connect the digital and physical worlds.

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Joules appoints KPMG to help boost profitability

Accountancy Today

Outdoor fashion and lifestyle retailer Joules has appointed ‘ Big Four ’ accounting firm KPMG to improve its cash position in the face of turbulent economic conditions due to the cost of living crisis. . According to reports from The Sunday Times , Joules has called in advisors from KPMG’s debt advisory practice to explore options to shore up its cash position, with raising fresh capital said to be among one of the options available. .

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Digital health transformation takes center stage at HIMSS Europe

Avanade

Digitalization is top of mind for health and life science leaders attending HIMSS22 European Health Conference and Exhibition.

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Board Diversity Action Expands to Courtrooms, Regulators, and Investors

Harvard Corporate Governance

Posted by Matthew Fust, on Wednesday, July 13, 2022 Editor's Note: Matthew Fust serves as a board member for several publicly traded and venture-backed biopharmaceutical companies and is a corporate finance and strategy advisor in the life sciences industry. This post is based on an NACD BoardTalk publication. 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; W

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Hybrid working models can leverage talent and skills across industries

Mckinsey and Company

Digital technologies and advanced analytics are here to stay. Cognitive, digital, and self-leadership skills can help hybrid working models thrive in metals and mining and heavy industries.

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Grant Thornton leads on sale of Incentive FM Group

Accountancy Today

Grant Thornton UK’s corporate finance team has revealed the completion of its fourth deal in the built environment sector for this year, as it has reportedly led the strategic sale of Incentive FM Group to leading global facilities management group Atalian Servest. Established in 2001 and headquartered in London, Incentive FM Group is said to provide a unique offering of total FM services such as cleaning, security, front of house and technical services, as well as landscaping, waste management

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‘A model of bad faith’: why Twitter is suing Elon Musk

The Guardian M&A

Analysis: Twitter’s fury at Tesla CEO’s attempt to walk away from a $44bn deal is spelled out in its lawsuit Twitter is suing Elon Musk over his decision to terminate an agreed $44bn (£37bn) takeover of the company. An already acrimonious relationship descended into outright hostility on Tuesday when it lodged a lawsuit in the US state of Delaware, the company’s corporate base, accusing Musk of trashing the company and walking away.

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The Proposed SEC Climate Disclosure Rule: A Comment from Scott Hirst

Harvard Corporate Governance

Posted by Scott Hirst (Boston University), on Monday, July 11, 2022 Editor's Note: Scott Hirst is Associate Professor of Law at Boston University. This post is based on his comment letter submitted to the SEC regarding the Proposed SEC Climate Disclosure Rule. 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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What is diversity, equity, and inclusion?

Mckinsey and Company

It’s three values held by many organizations working to be mindful and supportive of different groups of individuals.

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Why Your Firm Isn't Done Preparing for the Future

Accounting Web

Growth Why Your Firm Isn't Done Preparing for the Future.

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How SPACs Disable Indirect Investor Protection

Reynolds Holding

Special Purpose Acquisition Companies (SPACs) are a trap for unwary investors. In standard public equity securities, even the most naïve investor is protected, first, by the market price – you pay only for what you get – and, second, by the comfort that nothing else is required of an individual investor to realize the full value of the security. SPACs disable both protections.

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Shareholder Resolutions in Review: Political Spending

Harvard Corporate Governance

Posted by Subodh Mishra, Institutional Shareholder Services, Inc., on Saturday, July 9, 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 included several different types of proposals focused on political spending by corporations, reflecting investor concerns that support of certain c

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What is omnichannel marketing?

Mckinsey and Company

It's when you interact with your customers over whatever channels they prefer.

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Musk asks court to reject Twitter’s request for ‘warp speed’ trial

Financial Times M&A

Billionaire says he needs more time to prepare for courtroom showdown over his attempt to back out of $44bn deal

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Judge In Twitter Lawsuit Has Previously Pushed Through M&A Deals: Could Elon Musk Be In Trouble?

Benzinga

Social media platform Twitter Inc (NYSE: TWTR ) and Elon Musk are headed to court over the $44-billion proposed buyout of the social media platform agreed to and then withdrawn from by the world's richest man. Here's why the judge assigned to the case could be bad news for Musk. What Happened: Kathaleen McCormick was named the judge to oversee Twitter’s lawsuit against Musk, which seeks to force the completion of the approved $44-billion buyout of the social media company.

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Statement by Chair Gensler on Proposed Amendments to Rule 14a-8

Harvard Corporate Governance

Posted by Gary Gensler, U.S. Securities and Exchange Commission, on Friday, July 15, 2022 Editor's Note: Gary Gensler is Chair of the U.S. Securities and Exchange Commission. This post is based on his recent public statement. The views expressed in the post are those of Chair Gensler, and do not necessarily reflect those of the Securities and Exchange Commission or the Staff.

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What is inflation?

Mckinsey and Company

Inflation is the gradual loss of purchasing power, reflected in a broad rise in prices for goods and services.

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The rock star litigator who hopes to bring Elon Musk to heel

Financial Times M&A

Twitter has hired Wachtell’s Bill Savitt to try to save its $44bn deal with Tesla’s erratic founder

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