Sat.Dec 03, 2022 - Fri.Dec 09, 2022

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Why Cryptoassets Are Not Securities

Harvard Corporate Governance

Posted by Jai Massari, Lightspark, on Tuesday, December 6, 2022 Editor's Note: Jai Massari is Cofounder and CLO of Lightspark and Visiting Lecturer at Berkeley Law. This post is based on her Lightspark piece. FTX’s collapse reiterates the need for comprehensive U.S. regulation of crypto markets. This regulation must have a solid legal foundation, a key pillar of which is a workable framework to distinguish cryptoassets [1] that are securities from those that are not.

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Advisor Feature: Eric McKeehan in Asheville, NC

Viking Mergers

Very early in his career, Eric McKeehan developed a passion for working with small businesses and entrepreneurs. Today, he lives out that passion as an Advisor with Viking Mergers & Acquisitions in Asheville, NC, driven by values learned through a decade of working with small to midsize businesses. Eric began his professional career working in business development with a growing wholesale distribution business in Asheville, NC.

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African banking: The productivity opportunity

Mckinsey and Company

African banks can increase their productivity to enhance competitiveness, build resilience, and deliver new value to customers—even in the face of a tightening global business environment.

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What Do All Those Employee Benefit Acronyms Stand For? (Part 1 of 3)

ThomsonReuters

QUESTION: Everyone in the employee benefits field uses acronyms like CDHC, EAP, and VEBA. What do these and other employee benefit acronyms stand for? ANSWER: Here’s an explanatory list of common acronyms primarily used in our Cafeteria Plans, Consumer-Driven Health Care, ERISA Compliance, Self-Insured Health Plans, and Fringe Benefits manuals. (Next week’s Question of the Week will address acronyms primarily used in our COBRA, HIPAA, and Group Health Plan Mandates manuals, and the following w

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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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Universal Proxy, Increased Activism and Director Vulnerability

Harvard Corporate Governance

Posted by Rusty O’Kelley, Rich Fields, Russell Reynolds Associates, on Wednesday, December 7, 2022 Editor's Note: Rich Fields leads the Board Effectiveness practice and Rusty O’Kelley co-leads the Board and CEO Advisory Partners in the Americas at Russell Reynolds Associates. This post is based on their Russell Reynolds memorandum. Related research from the Program on Corporate Governance includes Universal Proxies (discussed on the Forum here ) by Scott Hirst.

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Canadian Hemp Companies Join Forces As Government Deregulates CBD Distribution

Benzinga

Blue Sky Hemp Ventures Ltd. , a? private Canadian company with a focus on whole plant utilization for hemp foods, extracts and sustainable industrial products announced that it has acquired True North Cannabis Corp's retail and bulk distribution assets including all True North’s current and future products. True North is a leader in hemp-based CBD supply with growing proprietary distribution channels through wholesale bulk ingredients and branded, THC-free retail sales in medical and r

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GT Newsletter | Competition Currents | December 2022

National Law Review M&A

Greenberg Traurig's International Trade & Investment Practice Jurisdiction: All Federal Netherlands United Kingdom Poland Italy European Union Japan Type of Law: Global Antitrust & Trade Regulation Financial Institutions & Banking Administrative & Regulatory Mergers & Acquisitions Special highlight:

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Cybersecurity Disclosures What Progress has been made?

Harvard Corporate Governance

Posted by Subodh Mishra, Institutional Shareholder Services, Inc., on Monday, December 5, 2022 Editor's Note: Subodh Mishra is Global Head of Communications at Institutional Shareholder Services. This post is based on an ISS Corporate Solutions memorandum by Senior Editor, Paul Hodgson. Disclosures on cybersecurity practices for the S&P 500 and the remainder of the Russell 3000 are inching forwards in the face of increased expectations to be introduced by the Securities and Exchange Commissi

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Sports Finance: The New Corporate Trophies

Global Finance

While US sports deals are few and far between, investors have a better chance to score abroad.

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Building a creator economy

Mckinsey and Company

Marc Petit, Vice President of Unreal Engine Ecosystem at Epic Games, is optimistic about the promise of the metaverse, which he says will depend on real-time streaming of interactive, 3D content. An edited version of the conversation from our ‘Value creation in the metaverse’ report follows.

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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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Twitter Dust Yet To Settle, Elon Musk Already Open To 'Idea' Of Buying Another Media Tech Company

Benzinga

Even as Tesla Inc. (NASDAQ: TSLA ) Elon Musk grapples with setting the Twitter house in order, he has signaled interest in buying another online platform. It all started when a Twitter user pointed out that Alphabet, Inc. (NASDAQ: GOOGL ) (NASDAQ: GOOG )-owned YouTube’s manipulation for political purposes is far worse than Twitter's. Musk replied to the tweet with a thinking emoji.

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Human Rights-Related Shareholder Proposals in the 2022 U.S. Proxy Season

Harvard Corporate Governance

Posted by Subodh Mishra, Institutional Shareholder Services, Inc., on Thursday, December 8, 2022 Editor's Note: Subodh Mishra is Global Head of Communications at Institutional Shareholder Services. This post is based on an ISS Governance memorandum by Joseph Hong, Specialty Research Associate. 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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4 Takeaways From FTC Bid To Block Microsoft Gaming Deal

Law 360 M&A

The Federal Trade Commission lodged its second recent merger challenge targeting the tech space on Thursday, moving to block Microsoft's planned $68.7 billion purchase of video game developer Activision Blizzard over concerns about more games being released exclusively on Xbox.

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What is blockchain?

Mckinsey and Company

Blockchain is a secure database shared across a network of participants, where up-to-date information is available to all participants at the same time.

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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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Microsoft's $69B Activision Deal Voted Down By FTC — But Video Game Firm's CEO Confident 'Deal Will Close'

Benzinga

The U.S. Federal Trade Commission says it is seeking to block Microsoft Corporation’s (NASDAQ: MSFT ) $69 billion acquisition of Activision Blizzard, Inc (NASDAQ: ATVI ). What Happened: FTC alleged that the deal — which is Microsoft’s largest ever and the largest in the video gaming industry — would enable the Satya Nadella -led company to “suppress competitors to its Xbox gaming consoles and its rapidly growing subscription content and cloud-gaming business.

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Enforcement Authorities Urge Integration of Corporate Compliance Programs in 2023

Harvard Corporate Governance

Posted by John C. Kocoras Joseph M. Yaffe, Skadden, Arps, Slate, Meagher & Flom LLP, on Tuesday, December 6, 2022 Editor's Note: John C. Kocoras and Joseph M. Yaffe are Partners at Skadden, Arps, Slate, Meagher & Flom LLP. This post is based on their Skadden memorandum. The fundamental components of effective corporate compliance programs have not changed significantly in recent years. [1] However, United States enforcement authorities are trying to reinvigorate companies’ attention t

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FTC Says Meta Crying Wolf At Hearing To Pause Within Deal

Law 360 M&A

The Federal Trade Commission urged a California federal judge at the start of a seven-day evidentiary hearing Thursday to pause Meta's purchase of virtual reality fitness app maker Within Unlimited while the agency investigates whether the deal is anti-competitive, scoffing at Meta's claim that a preliminary injunction will kill the deal.

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Meet the newest member of the consumer C-suite: The chief transformation officer

Mckinsey and Company

More consumer companies are turning to chief transformation officers, but the role is often ill-defined. Here’s how organizations can empower this crucial position to drive holistic change.

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Advantage Elon Musk? Bankers Reportedly In Talks To Replace High-Interest Twitter Debt With Tesla Margin Loans

Benzinga

Elon Musk, who took over Twitter i n late October, could get a reprieve as the social media platform navigates through a tough assimilation phase under its new owner. What Happened: Musk’s bankers are toying with the idea of extending margin loans backed by Tesla Inc. (NASDAQ: TSLA ) shares to replace some of Twitter’s high-interest debt, Bloomberg reported, citing people familiar with the matter.

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Glass Lewis 2023 Policies Guidelines – United States

Harvard Corporate Governance

Posted by Brianna Castro, Courteney Keatinge, Maria Vu, Glass, Lewis & Co, on Tuesday, December 6, 2022 Editor's Note: Brianna Castro is Senior Director of North American Research; Courteney Keatinge is Senior Director of Environmental, Social & Governance Research; and Maria Vu is Senior Director of Compensation Research at Glass, Lewis & Co.

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FTC Moves To Block Microsoft's $69B Activision Blizzard Deal

Law 360 M&A

The Federal Trade Commission moved Thursday to block Microsoft Corp.'s planned $68.7 billion buyout of game developer Activision Blizzard over concerns about rivals to Microsoft's Xbox gaming console and related subscription and cloud services.

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Survey: Growth for top performers among mid-cap consumer companies

Mckinsey and Company

Top performers among mid-cap consumer companies in Europe grow by outperforming in the core, moving into attractive adjacencies, and by very selectively launching new businesses.

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Turkey's MNG Airlines To Go Public Through SPAC Merger

Benzinga

MNG Airlines , a logistics and transport company, is going public through a merger with a blank-check company Golden Falcon Acquisition Corp (NYSE: GFX ). Turkey's MNG Airlines will be listed on the New York Stock Exchange (NYSE) under the new ticker symbol "MNGA." The transaction is expected to have a pro-forma enterprise value of $676.

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PBCs and the Pursuit of Corporate Good

Harvard Corporate Governance

Posted by Lara Aryani, Jess Gorski, Shearman & Sterling LLP, on Friday, December 9, 2022 Editor's Note: Lara Aryani is a Partner and Jess Gorski is an Associate at Shearman & Sterling LLP. This post is based on a Shearman & Sterling piece and is part of the 20th Annual Corporate Governance Survey publication of Shearman & Sterling LLP.

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New Game-Changing System for Employee Engagement

Rhythm Systems

A while ago, I listened to a podcast where Brené Brown, Simon Sinek, and Adam Grant debated whether the recent phenomenon of "quiet quitting" is just employee disengagement by a new name. Recent events have shone a spotlight on a problem that is far from new. People don't want to expend energy in a workplace where they feel uncertain about how to be successful, undervalued in their efforts, stagnant in their growth, and disconnected from their values and a sense of purpose and belonging.

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Could supply-chain issues derail the energy transition?

Mckinsey and Company

Electric-vehicle penetration is the biggest driver of oil demand declines in the energy transition. However, emerging supply bottlenecks for key battery materials could be an unexpected barrier.

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EXCLUSIVE: Where Will The Next 1 Billion New Crypto Users Come From, Following FTX Disaster? Okcoin, CoinFlip Execs Have An Idea

Benzinga

Okcoin COO Jason Lau, CoinFlip CTO Rory Herriman and Columbia University Lab to Market Blockchain Accelerator advisor Art Malkov discussed the path to onboard the next one billion global cryptocurrency users at the Benzinga Future of Crypto Conference in New York on Wednesday. Herriman said the key to increasing mainstream crypto use is accessibility.

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The Evolution of ESG Disclosure for Biotech Companies

Harvard Corporate Governance

Posted by Julia Forbess, and Ron C. Llewellyn, Fenwick & West LLP, on Saturday, December 3, 2022 Editor's Note: Julia Forbess is a Partner 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 The Illusory Promise of Stakeholder Governance (discussed on the Forum here ) by Lucian A.

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T-Mobile Says Suit Challenging $26B Merger Lacks Standing

Law 360 M&A

T-Mobile has urged an Illinois federal judge to permanently toss out a group of non-customers' lawsuit blaming the company's $26 billion merger with Sprint for price increases they experienced two years later, arguing that they have no standing and can't plausibly link their increases to the merger.

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Navigating volatility: Six trends businesses should look out for

Mckinsey and Company

Senior partner Tracy Francis identifies six moves businesses—particularly consumer companies—can make to build resilience in the face of tough economic circumstances.

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Hans Niemann Is the Bad Boy of Chess. But Did He Cheat?

NYT M&A

An American teenager, Hans Niemann, defeated Magnus Carlsen, the world’s best chess player. Then Mr. Carlsen accused his opponent of cheating. It’s either overdue justice or paranoia.

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SEC Finalizes Proxy Vote Reporting Changes: New Form N-PX

Harvard Corporate Governance

Posted by Nichol Garzon-Mitchell, Glass, Lewis & Co, on Friday, December 9, 2022 Editor's Note: Nichol Garzon-Mitchell is Chief Legal Officer and Senior Vice President of Corporate Development at Glass, Lewis & Co. This post is based on her Glass Lewis memorandum. The Securities and Exchange Commission recently made the most significant changes to U.S. proxy vote reporting in the past 20 years.

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In Law Firm Race For Revenue, Top Dogs Stand Alone

Law 360 M&A

Inflation, hand-wringing over the economy and even a possible recession will do little to close the widening revenue gap between a handful of legal giants grossing billions each year and other law firms, with longtime market consolidation only solidifying their dominance as BigLaw braces for a downturn.

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The future is now: Unlocking the promise of AI in industrials

Mckinsey and Company

Five proven use cases show how artificial intelligence is creating value for advanced industrial companies.

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