Harvard Corporate Governance

DECEMBER 6, 2022

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.

Marketability 279

Marketability 279

Viking Mergers

DECEMBER 5, 2022

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.

Start-ups 130

Start-ups Finance Business Valuation Marketability 130

Mckinsey and Company

DECEMBER 5, 2022

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.

130

130

ThomsonReuters

DECEMBER 8, 2022

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

Compliance 105

Compliance 105

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.

Marketability

Harvard Corporate Governance

DECEMBER 7, 2022

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.

252

252

Benzinga

DECEMBER 3, 2022

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

Marketability 105

Marketability 105

National Law Review M&A

DECEMBER 9, 2022

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:

Banking 100

Banking 100

Harvard Corporate Governance

DECEMBER 5, 2022

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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317

Global Finance

DECEMBER 4, 2022

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

Finance 137

Finance 137

Mckinsey and Company

DECEMBER 6, 2022

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

145

145

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

Corporate Finance

Benzinga

DECEMBER 9, 2022

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.

98

98

Harvard Corporate Governance

DECEMBER 8, 2022

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?

Compliance 235

Compliance 235

Law 360 M&A

DECEMBER 9, 2022

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.

98

98

Mckinsey and Company

DECEMBER 5, 2022

The results of this year’s McKinsey Global Survey on AI show the expansion of the technology’s use since we began tracking it five years ago, but with a nuanced picture underneath.

112

112

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.

Marketability

Benzinga

DECEMBER 8, 2022

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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98

Harvard Corporate Governance

DECEMBER 6, 2022

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

Compliance 230

Compliance 230

Law 360 M&A

DECEMBER 8, 2022

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.

98

98

Mckinsey and Company

DECEMBER 8, 2022

Design matters—and not just in good times. CEOs who embrace design can enhance strategy and better navigate this age of volatility.

Corporate Finance 128

Corporate Finance Finance 128

Benzinga

DECEMBER 8, 2022

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.

Banking 98

Banking Technology Finance 98

Harvard Corporate Governance

DECEMBER 6, 2022

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.

230

230

Law 360 M&A

DECEMBER 8, 2022

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.

98

98

Mckinsey and Company

DECEMBER 7, 2022

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.

Marketability 120

Marketability 120

Benzinga

DECEMBER 7, 2022

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.

Enterprise Value 98

Enterprise Value 98

Harvard Corporate Governance

DECEMBER 9, 2022

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.

Technology 227

Technology 227

Rhythm Systems

DECEMBER 6, 2022

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.

98

98

Mckinsey and Company

DECEMBER 7, 2022

With inflation at record highs throughout Europe, retailers are under more pressure than ever. Those that act quickly and follow a holistic playbook can be well positioned to thrive.

Marketability 122

Marketability 122

Benzinga

DECEMBER 7, 2022

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.

Marketability 98

Marketability Technology 98

Harvard Corporate Governance

DECEMBER 3, 2022

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.

Compliance 211

Compliance 211

Law 360 M&A

DECEMBER 7, 2022

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.

98

98

NYT M&A

DECEMBER 4, 2022

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.

Mergers & Acquisitions 98

Mergers & Acquisitions 98

Farrel Fritz

DECEMBER 5, 2022

Let’s see how good you are at predicting the outcome and its rationale in a recently decided case involving the following facts: The controller of a Delaware LLC has supermajority voting rights under the initial LLC agreement to remove members for any or no reason. The initial LLC agreement lacks any provision addressing redemption and payment rights upon removal.

Fair Market Value 98

Fair Market Value Marketability Appraisal Start-ups 98

Harvard Corporate Governance

DECEMBER 9, 2022

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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223

Law 360 M&A

DECEMBER 5, 2022

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.

Marketability 98

Marketability 98

Benzinga

DECEMBER 6, 2022

M&A is down across most industries, yet High Tide (NASDAQ: HITI ) remains on the hunt for targets. "Our M&A strategy is a marked departure from other companies," CEO Raj Grover tells Benzinga. The Calgary, Alberta-based company had an active year and will likely keep busy in 2023. Meanwhile, other Canadian cannabis retailers struggled to gain market share and "are all fading away," Grover explains.

EBITDA 97

EBITDA Marketability Finance 97