Sat.Apr 23, 2022 - Fri.Apr 29, 2022

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The Corporate Calendar and the Timing of Share Repurchases and Equity Compensation

Harvard Corporate Governance

Posted by Ingolf Dittmann, Stefan Obernberger, and Amy Yazhu Li (Erasmus University Rotterdam) and Jiaqi Zheng (University of Oxford), on Thursday, April 28, 2022 Editor's Note: Ingolf Dittmann is an Assistant Professors of Economics, and Stefan Obernberger is an Assistant Professors of Finance, and Amy Yazhu Li is a PhD candidate at Erasmus University Rotterdam, and Jiaqi Zheng is a PhD candidate in Finance at the University of Oxford.

Equity 261
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Elon Musk Agrees to Buy Twitter

NYT M&A

The world’s richest man succeeded in a bid to acquire the influential social networking service, which he has said he wants to take private.

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Overcoming global supply chain challenges

Mckinsey and Company

McKinsey’s Tom Bartman discusses what’s causing disruptions in global supply chains and how key stakeholders are responding.

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Benefits of Selling to a Private Equity Group

Viking Mergers

To some, the topic of selling to private equity groups does not stir positive feelings. It is true that typical headlines tend to only cover ruthless, drama laden, multi-billion-dollar mega buyouts. This has left a less-than-pleasant impression on most small to midsize business owners, and that is unfortunately a real disservice. The reality is that for midsize, and even small, midsize businesses, these are not the predatory transactions you’ve heard about, and there can be significant benefits

Equity 130
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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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Q1 2022 Review of Shareholder Activism

Harvard Corporate Governance

Posted by Rich Thomas, Christopher Couvelier and Leah Friedman, Lazard, on Thursday, April 28, 2022 Editor's Note: Rich Thomas is Managing Director, Christopher Couvelier is Director, and Leah Friedman is Vice President at Lazard. This post is based on a Lazard memorandum by Mr. Thomas, Mr. Couvelier, Ms. Friedman, Jim Rossman, and Antonin Deslandes.

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The Great Resignation Risk

Norman Marks

While many are focused on issues like cyber, saying it is perhaps the greatest source of risk to an organization today, I believe there are greater sources of concern. One of these has been in the news over the last months, called the Great Resignation Consider this set of survey results from ResumeBuilder.com. In the […].

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IRS Information Letter Explains Requirements for Expenses to Qualify as Medical Care

ThomsonReuters

IRS Information Letter 2022-0005 (Feb. 25, 2022). Available at [link]. The IRS has released an information letter regarding the requirements for expenses to qualify as medical care under Code § 213. The letter responds to a request for guidance on when the cost of health and wellness coaching is medical care that can be reimbursed under health FSAs, HSAs, and other tax-favored accounts.

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SPACs Remain in the SEC’s Crosshairs

Harvard Corporate Governance

Posted by Derek Dostal, Pedro J. Bermeo, and Lee Hochbaum, Davis Polk & Wardwell LLP, on Sunday, April 24, 2022 Editor's Note: Derek Dostal , Pedro J. Bermeo , and Lee Hochbaum , are partners at Davis Polk & Wardwell LLP. This post is based on a Davis Polk memorandum by Mr. Dostal, Mr. Bermeo, Mr. Hochbaum, Michael Kaplan , W. Soren Kreider IV , and Richard D.

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Top Takeaways From the Digital Risk Maturity Report 2022

Audit Board

Digital risk has become one of the fastest-growing, most pervasive risks in any organization. The 2022 World Economic Forum Global Risks Report estimates digital commerce will be worth $800 billion by 2024, while a recent Gartner survey reveals that digital risk is the number one strategic business priority for corporate directors in 2022 and 2023. Gartner defines “ digital risk ” as the set of risks inherent in digital products, services, and supporting processes.

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A digital path to sustainability

Mckinsey and Company

Sustainability and productivity needn’t be at odds when enabled by Fourth Industrial Revolution technologies. And with an empowered workforce leading the way, outsize gains can be the result.

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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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Are Employer-Paid Retirement Planning Services Taxable?

ThomsonReuters

QUESTION: Our company has always shied away from providing advice to participants regarding their personal retirement planning. We are concerned, however, that employees may not have sufficient information and professional advice to make good retirement planning decisions, so we would like to start making retirement planning services available. If we do, will those services be taxable, adding to our cost and administrative burden?

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Litigation Risks Posed by “Greenwashing” Claims for ESG Funds

Harvard Corporate Governance

Posted by Amy D. Roy, William T. Davison, and Robert A. Skinner, Ropes & Gray LLP, on Monday, April 25, 2022 Editor's Note: Amy Roy and Robert Skinner are partners, William T. Davison is counsel, and Brooke Cohen and Rachel Scholz-Bright are associates at Ropes & Gray LLP. This post is based on their Ropes & Gray memorandum. Related research from the Program on Corporate Governance includes The Illusory Promise of Stakeholder Governance by Lucian Bebchuk and Roberto Tallarita (discus

Finance 231
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EXCLUSIVE: SinglePoint Buys This Full-Service EPC Firm With Projected Revenue Of $25M

Benzinga

SinglePoint Inc (OTC: SING ) has acquired The Boston Solar Company LLC , a provider of comprehensive solar energy services in New England, primarily in Massachusetts, since 2011. The deal value was not disclosed. Boston Solar generated sales of $17.7 million in FY21 with expected sales of $25 million in FY22, with more than $16 million already contracted and in.

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Digital twins: The art of the possible in product development and beyond

Mckinsey and Company

Digital representations of physical products are coming to life. Here’s how to make them work for you.

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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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How to Win the Talent War in 2022: 10 Expert Tips for Today's Job Market

Rhythm Systems

In today’s rapidly changing work environment, the competition for recruiting and retaining top talent has never been tougher. Rhythm Systems works with mid-market companies across all industries, and the #1 challenge we consistently hear holding companies back today is staffing. To gain some insight into the specifics of the issue, we hosted a special Q&A with EY (Ernst & Young) talent expert, Randy Beck.

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The SEC’s Proposed Rules for P4P Disclosures

Harvard Corporate Governance

Posted by Mike Kesner, Ira T. Kay, and John Ellerman, Pay Governance LLC, on Monday, April 25, 2022 Editor's Note: Mike Kesner is partner, Ira T. Kay is a managing partner/founder, and John Ellerman is partner at Pay Governance LLC. This post is based on their Pay Governance memorandum. Related research from the Program on Corporate Governance includes Paying for Long-Term Performance (discussed on the Forum here ); and Pay without Performance: The Unfulfilled Promise of Executive Compensation

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Twitter Under Elon Musk Will Be a Scary Place

NYT M&A

Mr. Musk has not been a responsible caretaker for the companies he already oversees.

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Social media as a service differentiator: How to win

Mckinsey and Company

With customers increasingly moving their service interactions onto social media, companies have an opportunity to leverage these channels to differentiate their service experience.

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Taking sustainability seriously: Are banks ready?

Avanade

In this blog post, Peter Barrett writes about Avanade’s research with Efma, a global financial services trade association, on how ready banks are to hit their sustainability goals.

Banking 98
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California Court Finds California Board Diversity Law Unconstitutional

Harvard Corporate Governance

Posted by David A. Bell, Dean Kristy, and Dawn Belt, Fenwick & West LLP, on Saturday, April 23, 2022 Editor's Note: David A. Bell , Dean Kristy , and Dawn Belt are partners at Fenwick & West LLP. This post is based on a Fenwick memorandum by Mr. Bell, Mr. Kristy, Ms. Belt, Jennifer J. Hitchcock , and Ron C. Llewellyn. Related research from the Program on Corporate Governance includes Politics and Gender in the Executive Suite by Alma Cohen, Moshe Hazan, and David Weiss (discussed on th

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Is Elon Musk Really That Bad?

NYT M&A

His products are good for customers and good for the world.

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Skinny design: Smaller is better

Mckinsey and Company

Designing packaging and products with supply chain and in-stock issues in mind can increase revenues and profits, all while meaningfully improving sustainability. Three steps can point the way.

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Why Is Twitter Stock So Far From Elon Musk's Takeover Price?

Benzinga

We all know Elon Musk’s offer to purchase Twitter Inc. (NYSE: TWTR ) for all cash has been accepted by the board. Before it was made public that Musk had an interest in the company, the stock was languishing at the $40 area. When Musk originally purchased shares of Twitter and investors speculated that he may attempt to buy it, they aggressively bought the stock.

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AI Oversight Is Becoming a Board Issue

Harvard Corporate Governance

Posted by Avi Gesser, Bill Regner, and Anna Gressel, Debevoise & Plimpton LLP, on Tuesday, April 26, 2022 Editor's Note: Avi Gesser and Bill Regner are partners and Anna R. Gressel is an associate at Debevoise & Plimpton LLP. This post is based on a Debevoise & Plimpton memorandum by Mr. Gresser, Mr. Regner, Ms. Gressel, and Lily Coad. As more businesses adopt artificial intelligence (AI), directors on many corporate boards are starting to consider their oversight obligations.

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KKR to take Hitachi Transport private in $5bn deal

Financial Times M&A

Sale to US private equity group is part of Hitachi’s drive to focus on digital services

Equity 98
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The rising risk of a global food crisis

Mckinsey and Company

The war in Ukraine poses a looming threat to the worldwide food supply. Here’s what’s at stake—and what might be done to help.

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Are Fintechs the Future?

N Contracts

5 types of fintechs you should consider partnering with.but make sure it aligns with your mission, vision, and values.

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Top 5 SEC Enforcement Developments

Harvard Corporate Governance

Posted by Michael D. Birnbaum, Jina Choi, and Haimavathi V. Marlier, Morrison & Foerster LLP, on Thursday, April 28, 2022 Editor's Note: Michael D. Birnbaum , Jina Choi , and Haimavathi V. Marlier are partners at Morrison & Foerster LLP. This post is based on their Morrison & Foerster memorandum. As a fitting cap to a busy month, on March 30, the SEC Division of Examinations announced its 2022 Examination Priorities.

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Supply Chain Impact, Forex Headwinds, Margin Outlook And More: 6 Key Takeaways From Apple's Earnings Call

Benzinga

Apple, Inc. (NASDAQ: AAPL ) on Thursday reported better-than-expected quarterly results, hiked its dividend, and announced a $90 billion buyback. Ordinarily, this would have been a perfect trigger for a rally, but Apple's stock was languishing following the earnings report. Here are six key takeaways from the company's earnings call that may have implications for its growth in the future: Softness In iPad Sales: Among Apple's product categories, the iPad was the only one to see a yea

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Redesigning the design department

Mckinsey and Company

The best corporate design departments are transforming from fortified castles into vibrant town squares.

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Sun Acquisitions welcomes Mike Walton as a Senior M&A Advisor

Sun Acquisitions

Sun Acquisitions is pleased to announce that Mike Walton has joined our team as a Senior Advisor. Mike brings 25 years of experience in business ownership that includes start-ups, turnarounds, acquisition and sale of companies, specifically within media and IT industries. Throughout Mike’s career, he has owned, operated and sold radio stations and newspapers throughout the Midwest and upstate New York.

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The Perils and Promise of ESG-Based Compensation: A Response to Bebchuk and Tallarita

Harvard Corporate Governance

Posted by Ira Kay, Pay Governance LLC, on Wednesday, April 27, 2022 Editor's Note: Ira T. Kay is managing partner/founder of Pay Governance LLC. This post relates to The Perils and Questionable Promise of ESG-Based Compensation by Lucian A. Bebchuk and Roberto Tallarita (discussed on the Forum here ). Evolution of Environmental, Social, and Governance (ESG) metrics-based incentive programs within large corporations: What impact will they have on the companies themselves and broader society?

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Elon Musk Got Twitter Because He Gets Twitter

NYT M&A

Elon Musk reveals what he wants Twitter to be by how he acts on it.

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The future of B2B sales is hybrid

Mckinsey and Company

Since B2B buyers are using more channels, B2B sellers must, too.

B2B 22