Harvard Corporate Governance

APRIL 4, 2022

Posted by Holly Pettingale, Stéphane de Maupeou, and Peter Reilly, FTI Consulting, on Monday, April 4, 2022 Editor's Note: Holly Pettingale is Director and Stéphane de Maupeou and Peter Reilly are Senior Directors at FTI Consulting. This post is based on an FTI Consulting memorandum by Ms. Pettingale, Mr. de Maupeou, Mr. Reilly, and Joel Kuenzer. Related research from the Program on Corporate Governance includes The Illusory Promise of Stakeholder Governance (discussed on the Forum here ) and

Start-ups 340

Start-ups Finance Marketability 340

Mckinsey and Company

APRIL 3, 2022

The pandemic has taken a substantial toll on students’ academic progress as well as on their mental health. School systems can respond across multiple horizons to help students get back on track.

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Global Finance

APRIL 6, 2022

The Russian invasion of Ukraine caused international investors to pause for thought on where their international investments reside. Are they seeing China in a new light?

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Benchmark Report

APRIL 8, 2022

Digital tools have been advancing in business operations for years, but today they have become essential for most companies, especially since the onset of the COVID-19 pandemic. The global crisis forced businesses to find ways to connect their employees to each other and their customers without being in person. This storyline became so prevalent that, in the first year of the pandemic, 60% of businesses moved their workforces to the cloud.

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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

APRIL 5, 2022

Posted by Matteo Tonello, The Conference Board, Inc., on Tuesday, April 5, 2022 Editor's Note: Matteo Tonello is Managing Director of ESG Research at The Conference Board, Inc. 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 312

Compliance Banking Technology Marketability 312

Mckinsey and Company

APRIL 7, 2022

Shoppers, particularly those in Gen Z, are spending more time online and exploring the possibilities of the metaverse. Here’s what fashion and luxury players need to know about this emerging frontier.

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Benzinga

APRIL 8, 2022

Needham published a report that pointed to previous comments from Medtronic plc's (NYSE: MDT ) management that indicate the potential for changes in the coming year, with a spinoff of a large business considered an option. In its Q2 earnings call in November 2021, the company said the executive committee was spending "a lot more time" looking at portfolios and capital allocation.

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Harvard Corporate Governance

APRIL 7, 2022

Posted by Michael Klausner (Stanford University) and Michael Ohlrogge (NYU), on Thursday, April 7, 2022 Editor's Note: Michael Klausner is the Nancy and Charles Munger Professor of Business and Professor of Law at Stanford Law School; Michael Ohlrogge is Assistant Professor at NYU School of Law. This post is based on their recent paper. Related research from the Program on Corporate Governance includes SPAC Law and Myths by John C.

Marketability 294

Marketability 294

Mckinsey and Company

APRIL 7, 2022

Deploying machine learning and advanced analytics thoughtfully and to their full potential may support improvements in student access, success, and the overall student experience.

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Sun Acquisitions

APRIL 7, 2022

Sun Acquisitions is pleased to announce the successful sale of AMIC Global, Inc. to Component Sourcing International (CSI). AMIC is a diversified company, offering manufacturing, distribution and e-commerce services and is based in Buffalo Grove, IL. AMIC Global’s primary business is supplying contract-manufactured metal components to OEM customers, and contract-manufactured supplies to leading RV/Marine industry customers.

Private Equity Firm 98

Private Equity Firm Equity Marketability 98

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

ThomsonReuters

APRIL 7, 2022

Proposed Rule: Affordability of Employer Coverage for Family Members of Employees, 26 CFR Part 1, 87 Fed. Reg. __ (Apr. 7, 2022). Available at [link]. The IRS has proposed regulations that would change the eligibility standards for an Affordable Care Act (ACA) premium tax credit (PTC) by providing that affordability of employer-sponsored coverage for an employee’s family members would be based on the employee’s cost to cover the employee and those family members, rather than the cost of employe

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Harvard Corporate Governance

APRIL 3, 2022

Posted by Adam Fee, Antonia M. Apps, and George S. Canellos, Milbank LLP, on Sunday, April 3, 2022 Editor's Note: Adam Fee , Antonia M. Apps , and George S. Canellos are partners at Milbank LLP. This post is based on their Milbank memorandum. On March 9, 2022, the SEC voted to propose rules mandating sweeping cybersecurity measures for public companies and foreign private issuers. [1] Most notably, the rules would impose a 4-day reporting requirement for domestic issuers who have experienced a

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Mckinsey and Company

APRIL 5, 2022

Quitting is up, and so are wages. As the Great Attrition persists, employer–employee dynamics appear to be changing. But who actually benefits—and how durably?

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Audit Board

APRIL 7, 2022

Testing is a critical part of maintaining Sarbanes-Oxley compliance, but managing SOX testing procedures and documentation can quickly become frustrating without good organization and centralized data. This article and downloadable PDF will help you design a smooth, efficient process with best practices, useful techniques, and ways to engage with control owners at every step of the way.

Technology 98

Technology Compliance 98

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

APRIL 8, 2022

Fastly Inc (NYSE: FSLY ) is surging on a speculative rumor that it could be a takeover target by Alphabet Inc (NASDAQ: GOOG ) (NASDAQ: GOOGL ). A company like Google could acquire Fastly to improve its content delivery network, the Deal.com reported. Fastly operated a content delivery network to help entities. Full story available on Benzinga.com.

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Harvard Corporate Governance

APRIL 4, 2022

Posted by Joshua Macey (University of Chicago) and Dan Awrey (Cornell University), on Monday, April 4, 2022 Editor's Note: Joshua Macey is an Assistant Professor of Law at the University of Chicago Law School. Dan Awrey is a Professor of Law at Cornell Law School. This post is based on their recent paper , forthcoming in the Yale Journal on Regulation.

Finance 274

Finance Technology Banking 274

Mckinsey and Company

APRIL 5, 2022

As CEO of a company whose raison d’être is helping firms make better decisions, Greg Case has wide-ranging knowledge and a nuanced perspective on resilience and its importance in volatile times.

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Audit Board

APRIL 6, 2022

The Great Resignation has become an economic trend as people have chosen to pursue new employment while adjusting to a hybrid work environment. Employees are now seeking more work-life balance, higher pay, and better benefits. Several key risks come into focus when considering the long-term effect of employees shuffling into new roles at different companies.

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ThomsonReuters

APRIL 7, 2022

Coalition for Workforce Innovation v. Walsh, No. 1:21-cv-00130-MAC (E.D. Tex. Mar. 14, 2022). In 2021, the DOL withdrew regulations on determining whether a worker is an independent contractor for purposes of the Fair Labor Standards Act (FLSA) (see our Checkpoint article ). The regulations had been issued in final form in January 2021 with a March 8, 2021 effective date but were almost immediately subject to a regulatory freeze (see our Checkpoint article ), and then delayed to May 7, 2021 (s

Compliance 98

Compliance 98

Harvard Corporate Governance

APRIL 4, 2022

Posted by Cydney Posner, Cooley LLP, on Monday, April 4, 2022 Editor's Note: Cydney S. Posner is special counsel at Cooley LLP. This post is based on her Cooley memorandum. In September last year, Corp Fin posted a sample letter to companies containing illustrative comments regarding climate change disclosures, presumably designed to help companies think about and craft their climate-related disclosure.

Marketability 254

Marketability 254

Benzinga

APRIL 5, 2022

Spirit Airlines Incorporated (NYSE: SAVE ) on Tuesday announced it received a purchase proposal from JetBlue Airways Corporation (NASDAQ: JBLU ) to buy the company’s outstanding shares for $33 apiece. The unsolicited proposal from JetBlue amounts to a $3.6 billion price tag for the airline company. The announcement comes about two months after Frontier Group Holdings Inc (NASDAQ: ULCC ), the parent company of Frontier Airlines, announced a $6.6 billion merger agreement with Spirit.

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Benchmark Report

APRIL 5, 2022

Benchmark International has advised on the transaction of Irish headquartered O’Flynn Medical and O’Flynn Innovation, to Healthcare 21. O’Flynn will become part of the Healthcare 21 Group, which AddLife acquired in 2021. Established in 2000, O’Flynn Medical is a leading provider of medical equipment and PPE to Ireland’s care home and domestic markets offering the sale, rental, and associated services and maintenance for a range of specialised products.

Marketability 98

Marketability 98

Audit Board

APRIL 5, 2022

LOS ANGELES, CA - April 5, 2022 – AuditBoard , the leading cloud-based platform transforming audit, risk, and compliance management, today announced it has once again been rated as the Market Leader in the Audit Management and GRC Spring 2022 Grid Reports from G2.com , Inc. AuditBoard has now taken the top rating in Audit Management for 10 consecutive quarters, and in GRC for 9 consecutive quarters, while continuing to be lauded by its customers for the unrivaled usability and business impact

Compliance 98

Compliance Data Analysis Marketability 98

Harvard Corporate Governance

APRIL 2, 2022

Posted by Kevin J. Campion, Sidley Austin LLP, on Saturday, April 2, 2022 Editor's Note: Kevin J. Campion is partner at Sidley Austin LLP. This post is based on a Sidley memorandum by Mr. Campion, James A. Brigagliano , Katie Klaben , Erin Kauffman , and Charles Sommers. On February 25, 2022, the U.S. Securities and Exchange Commission (SEC) published and requested comment on proposed new Rule 13f-2 (the Rule) under the Securities Exchange Act of 1934 (Exchange Act) and Form SHO, which would req

Marketability 247

Marketability 247

Benzinga

APRIL 5, 2022

Twitter Inc (NYSE: TWTR ) shares are up 30.4% this week after Tesla Inc (NASDAQ: TSLA ) CEO and world's richest man Elon Musk disclosed a new 9.2% ownership stake in Twitter and announced on Tuesday joined Twitter's board of directors. Musk tweeted he is already "working with [Twitter CEO Parag Agrawal] & Twitter board to make significant improvements to Twitter in coming months!

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ThomsonReuters

APRIL 7, 2022

Announcement of Calendar Year (CY) 2023 Medicare Advantage (MA) Capitation Rates and Part C and Part D Payment Policies (Apr. 4, 2022); Fact Sheet: 2023 Medicare Advantage and Part D Rate Announcement. Announcement. Fact Sheet. Under Medicare Part D regulations, most group health plan sponsors offering prescription drug coverage to Part D eligible individuals (including active or disabled employees, retirees, COBRA participants, and beneficiaries) must disclose to those individuals and to CMS wh

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Audit Board

APRIL 4, 2022

Designing a controlled environment is a balancing act. We design controls to mitigate risks knowing the limitations of the control owners and the tools and environment with which they have to work. In the SOX world, we balance residual risk against the impact and likelihood of a SOX control deficiency. If the impact of the deficiency is enough to deem it a “significant deficiency” or a “material weakness,” then it has to be disclosed in the financial statements — which affects stock price, reput

Start-ups 98

Start-ups Technology Compliance 98

Harvard Corporate Governance

APRIL 2, 2022

Posted by Audra Cohen and Tia Barancik, Sullivan & Cromwell LLP, on Saturday, April 2, 2022 Editor's Note: Audra Cohen is partner and Tia Barancik is special counsel at Sullivan & Cromwell LLP. This post is based on a Sullivan & Cromwell memorandum by Ms. Cohen, Ms. Barancik, George Sampas , Matthew Goodman , and Lauren Boehmke. Related research from the Program on Corporate Governance includes The Long-Term Effects of Hedge Fund Activism by Lucian Bebchuk, Alon Brav, and Wei Jiang

Technology 236

Technology Marketability Equity 236

Benzinga

APRIL 4, 2022

Two California cannabis companies, San Diego-based March and Ash and Santa Rosa-based CannaCraft , have entered into a definitive agreement to combine their two companies, confirmed Bret Peace , co-founder, partner and general counsel of March and Ash, reported Forbes' Jackie Bryant. Peace, who will retain his titles at March and Ash, will become the CEO of Groundwork Holding Inc. , the holding company that will direct the newly combined entity.

Marketability 98

Marketability 98

The Guardian M&A

APRIL 3, 2022

The Observer’s critic heads for dinner at the Wolseley, the Corbin & King restaurant taken over last week by corporate giant Minor International, and laments the end of an era in hospitality Shortly after 4pm last Friday, dozens of staff at Brasserie Zédel, close by London’s Piccadilly Circus, gathered in the Crazy Coqs, the glorious art deco cabaret room opposite the restaurant.

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Law 360 M&A

APRIL 4, 2022

In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

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Harvard Corporate Governance

APRIL 7, 2022

Posted by Martin Lipton and Leo E. Strine, Jr., Wachtell, Lipton, Rosen & Katz, on Thursday, April 7, 2022 Editor's Note: Martin Lipton is a founding partner of Wachtell, Lipton, Rosen & Katz, specializing in mergers and acquisitions and matters affecting corporate policy and strategy; and Leo E. Strine, Jr. is Michael L. Wachter Distinguished Fellow at the University of Pennsylvania Carey Law School; Senior Fellow, Harvard Program on Corporate Governance; Of Counsel, Wachtell, Lipton, R

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Benzinga

APRIL 4, 2022

Tesla Inc (NASDAQ: TSLA ) CEO Elon Musk disclosed a 9.2% passive stake in Twitter Inc (NYSE: TWTR ) Monday morning, leading some to speculate that Musk might consider taking the social media company private. Here's another possibility to consider. "I wouldn't be shocked if another 13F were filed and somebody else with deep pockets came in and said 'wait a minute, he's not taking that thing, I want to take this thing [private],'" Ritholtz Wealth Management's Josh

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ThomsonReuters

APRIL 7, 2022

QUESTION: Our company’s qualified transportation plan allows employees to purchase transit passes with pre-tax compensation. Passes are distributed directly to employees; cash reimbursements are not allowed. Should we require substantiation or certification that an employee is using the pass to get to work? ANSWER: The Code provision authorizing qualified transportation plans indicates that the tax benefits under a qualified transportation plan are for “employees.

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