Sat.Sep 17, 2022 - Fri.Sep 23, 2022

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Business Valuation for Buy-Sell Agreements

Chris Curtain

How to Value a Company for Buy-Sell Agreements Buy-Sell Agreements for Closely Held Companies and Their Value As a business owner, you are likely familiar with the importance of a buy-sell agreement. Such contracts are executed between the business owners and establish the guidelines that allow for exits, shareholding, and funding for purchases. Certain events […].

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Risk Management and the Board of Directors

Harvard Corporate Governance

Posted by Martin Lipton, Wachtell, Lipton, Rosen & Katz, on Saturday, September 17, 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. This post is based on a Wachtell, Lipton, Rosen & Katz memorandum. 1.

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The Power of the Pivot: Is Your Business Recession-Resistant?

Viking Mergers

I speak regularly these days with business owners and buyers who have concerns about the market, and specifically, about how their business might fare in a potential recession. I have many examples I can share with them about the businesses Viking is currently selling and what makes them recession-resistant; but in addition to that, I can share from my own experience.

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Data ethics: What it means and what it takes

Mckinsey and Company

Every company must establish its own best practices for managing its data. Here are five pitfalls to avoid based on our conversations with experts and early adopters.

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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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Twitter Wants To Know If Elon Musk, Whistleblower 'Mudge' Had Previous Links As Court Trial Draws Closer

Benzinga

Delaware Chancery Court Judge Kathaleen McCormick , who is overseeing the lawsuit between Twitter, Inc. (NYSE: TWTR ) and Tesla, Inc. (NASDAQ: TSLA ) CEO Elon Musk on Thursday ruled that the billionaire can amend his countersuit to include the $7.8 million severance payment the social media company paid to whistleblower Peiter Zatko. This is considered a small victory for Musk, as Twitter went ahead and made the payment on June 28, violating the terms of the contract it signed with.

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Safeguarding Trust: The Board’s Role in Integrating ESG and ERM

Harvard Corporate Governance

Posted by Maria Castañón Moats and Jamie Gamble, PricewaterhouseCoopers LLP, on Tuesday, September 20, 2022 Editor's Note: Maria Castañón Moats is Governance Insights Center Leader and Jamie Gamble is Managing Director at PricewaterhouseCoopers LLP. This post is based on their PwC 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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Securing Europe’s competitiveness: Addressing its technology gap

Mckinsey and Company

Even amid war in Europe and the energy and cost of living crisis that has resulted, the region needs to pay attention to its slow-motion corporate and technology crisis.

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Top Financial Media Stories Friday, September 23: Apple Resolves iPhone 14 Pro Camera Glitch, Credit Suisse Shares Tumble As It Looks For Capital Infusion, Boeing Penalized $200M For Misleading About 737 MAX Safety And More.

Benzinga

Reuters. Twitter Initiates To Fight Online Misinformation As Nonprofit Social Medias Gain Ground. Twitter Inc (NASDAQ: TWTR ) looks to provide more data to external researchers who study online misinformation and moderation to fight growing criticism from global regulators and policymakers. Twitter will also open an application process to allow more people working in academia, civil society, and journalism to join the Twitter Moderation Research Consortium that Twitter formed earlier this year.

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Delaware’s Shifting Judicial Role in Business Governance

Harvard Corporate Governance

Posted by Randall S. Thomas (Vanderbilt University - Law School) , Robert B. Thompson (Georgetown University Law Center), and Harwell Wells (Temple University - James E. Beasley School of Law), on Tuesday, September 20, 2022 Editor's Note: Randall S. Thomas is Professor of Law and John S. Beasley II Chair in Law and Business at Vanderbilt University School of Law, Robert B.

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5 CEO OKR Examples

Rhythm Systems

CEOs are busy people. They spend most of their time working hard to run their companies effectively. Objectives and Key Results, or OKRs, are one of the most effective tools that executive teams can do in order to achieve their results.

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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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Software bill of materials: Managing software cybersecurity risks

Mckinsey and Company

As software-related vulnerabilities continue to grow, companies must manage their software cyber risks to innovate faster and create safer, more secure digital products.

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Elon Musk To Answer Twitter's Questions Under Oath In Court Next Week

Benzinga

Tesla Inc (NASDAQ: TSLA ) CEO Elon Musk will answer questions of Twitter Inc (NYSE: TWTR ) in a Delaware courtroom next week as he’s all set to be deposed in a case related to his now jettisoned acquisition of the social media platform. What Happened: The deposition is slated for Sept. 26-27 and may run into Sept. 28 if needed, reported Reuters, citing a court filing.

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Boards Need More Women: Here’s How to Get There

Harvard Corporate Governance

Posted by Maria Castañón Moats and Shannon Schuyler, PricewaterhouseCoopers LLP, on Friday, September 23, 2022 Editor's Note: Maria Moats is Leader of the Governance Insights Center, and Shannon Schuyler is Chief Purpose and Inclusion Officer at PricewaterhouseCoopers LLP. This post is based on their PwC 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 Wei

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LaPorte Honored Among “Best Places to Work” in 2022

LaPorte

New Orleans CityBusiness, a bi-weekly business publication, has named LaPorte CPAs & Business Advisors to the list of ‘Best Places to Work’ for the thirteenth… The post LaPorte Honored Among “Best Places to Work” in 2022 first appeared on LaPorte.

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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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To slow down attrition, pay closer attention to what workers really need

Mckinsey and Company

The Great Attrition continues, but if companies understand the differences among five common employee personas, they may be able to find and retain talent more effectively.

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Sam Bankman-Fried's FTX, Binance Reportedly In The Lead To Buy Voyager Digital's Assets

Benzinga

The assets of defunct cryptocurrency lender Voyager Digital Ltd. (OTC: VYGVQ ) have attracted the highest bids from cryptocurrency exchanges FTX and Binance , according to the Wall Street Journal , which cited persons familiar with the situation. According to the WSJ, the current offer from Binance is around $50 million, which is only marginally higher than the rival offer from FTX, which is led by Sam Bankman-Fried.

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What’s Next for US M&A

Harvard Corporate Governance

Posted by Gregory Pryor and Michael Deyong, White & Case LLP, on Wednesday, September 21, 2022 Editor's Note: Gregory Pryor and Michael Deyong are partners at White & Case LLP. This post is based on their White & Case memorandum. As predicted in our previous M&A report, 2022 has not lived up to the runaway performance of 2021. As activity—still at impressive levels considering everything that has been thrown at the deal market—takes a breather, we consider five fundamental trends

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Transferring Ownership: What McDonald’s Owners Should be Considering Now

Concannon Miller

McDonald’s new rules may affect a lot of Owners, including how you transfer your restaurants. Restaurant transfers and sales have always been an important and complicated part of McDonald’s ownership – it affects how you’ll be set up for retirement and how the next Owners will be set up for success in the future. Here’s what Owners should know about McDonald’s new rules affecting Next Gen Owners.

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Still feeling good: The US wellness market continues to boom

Mckinsey and Company

Our research shows continued growth of consumer interest in health and wellness, with persistent gaps in certain areas presenting exciting opportunities for companies to serve unmet consumer needs.

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Craft Cannabis Workers Unite! The US National Craft Cannabis Coalition Announce Its Formation

Benzinga

When Karl Marx and Frederich Engels popularized Flora Tristan's famous phrase “Workers of the world, unite!” in 1848, they sought to abolish the bureaucratic state and seize the means of production. In 2022, a national coalition of craft cannabis is aiming for a closer goal within capitalism, in the US: carving a space in regulations for small craft cannabis workers in one of the most dynamic sectors in the world.

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The Global ESG Regulatory Framework Toughens Up

Harvard Corporate Governance

Posted by Chris McGarry, Jacquelyn MacLennan, and Clare Connellan, White & Case LLP, on Monday, September 19, 2022 Editor's Note: Chris McGarry , Jacquelyn MacLennan , and Clare Connellan are partners at White & Case LLP. This post is based on a White & Case memorandum by Mr. McGarry, Ms. MacLennan, Ms. Connellan, Taylor Pullins , Maia Gez , and Mark Clarke.

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How Virginia Tech Gains Comprehensive Visibility With Integrated Risk Management

Audit Board

In our Spotlight on Success series, Justin Noble, Director of Internal Audit at Virginia Tech , shares how his audit team leverages technology to align activities across audit, compliance, and ERM. As a leading research institution and the Virginia Commonwealth’s most comprehensive university, Virginia Tech serves more than 37,000 undergraduate, graduate, and professional students and manages a research portfolio of more than $556 million.

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Out of the shadows: A brighter future for pharma technical development

Mckinsey and Company

The sometimes-overlooked function of chemistry, manufacturing, and controls (CMC) has a rare opportunity to reimagine its role and find innovative ways to improve and accelerate drug development.

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Oxford Industries Adds This Luxury & Modern Bohemian Brand; Boosts Outlook

Benzinga

Oxford Industries Inc (NYSE: OXM ) has completed the acquisition of Johnny Was , a California-based affordable luxury apparel brand, for $270 million. OXM expects the deal to be accretive to earnings in FY22. "The addition of the Johnny Was brand to the Oxford portfolio further diversifies our business across fashion points of view, price points, seasons, and geographies," said CEO Tom Chubb.

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CEO Succession Practices in the Russell 3000 and S&P 500: 2022 Edition

Harvard Corporate Governance

Posted by Matteo Tonello (The Conference Board, Inc.) and Jason D. Schloetzer (Georgetown University), on Monday, September 19, 2022 Editor's Note: Matteo Tonello is Managing Director of ESG Research at The Conference Board, Inc., and Jason D. Schloetzer is Associate Professor of Business Administration at the McDonough School of Business at Georgetown University.

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Musk Calls Suit To Force Twitter Purchase 'Unprecedented'

Law 360 M&A

An attorney for tech mogul Elon Musk on Monday called a Twitter stockholder suit to force him to close on a $44 billion offer to buy Twitter Inc. "completely unprecedented," telling Delaware's chancellor that only Twitter and Musk can seek specific contract performance.

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Resetting the e-commerce model to achieve profitable growth in Europe

Mckinsey and Company

Winning EU consumer goods players are reprioritizing channels and markets to drive online sales, shifting to an online-first playbook, and investing in tech and specialist talent.

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Judge Says Yes To $13B UnitedHealth-Change Healthcare Merger: Report

Benzinga

A U.S. judge on Monday denied the Justice Department's request to stop UnitedHealth Group Inc's (NYSE: UNH ) $13 billion buyout deal for Change Healthcare Inc (NASDAQ: CHNG ). The Justice Department had filed a lawsuit in February aimed at stopping the acquisition on antitrust grounds. The deal was announced in January 2021 at $25.75 per share in cash and was expected to close in the second half of 2021.

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SEC Issues Final Rules for Pay Versus Performance Disclosure

Harvard Corporate Governance

Posted by Daniel Laddin and Louisa Heywood, Compensation Advisory Partners, on Wednesday, September 21, 2022 Editor's Note: Daniel Laddin is a founding partner and Louisa Heywood is an analyst at Compensation Advisory Partners. This post is based on their CAP memorandum. Related research from the Program on Corporate Governance includes Stealth Compensation via Retirement Benefits and Paying for long-term performance (discussed on the Forum here ) both by Lucian A.

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Collaborative apps: The big questions answered

Avanade

Learn how collaborative apps can help you make the most of your existing technology investments to achieve higher productivity, reduced costs and extraordinary ROI.

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Green infrastructure: Could public land unlock private investment?

Mckinsey and Company

Emerging economies need the private sector to help fund green infrastructure initiatives. Access to public land can be structured to make those investments more attractive.

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Genfit To Buy This Swiss Firm Expanding Its Portfolio in Liver Diseases

Benzinga

Genfit SA (NASDAQ: GNFT ) has agreed to acquire the Swiss startup Versantis for CHF40 million upfront in a small-time buyout. The deal, which includes another CHF65 million in milestones, further consolidates the company's position as a leader in acute-on-chronic liver failure (ACLF). The deal is expected to close in the fourth quarter. Additionally, if Versantis' lead program is awarded an.

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Sarbanes-Oxley § 404 at Twenty

Harvard Corporate Governance

Posted by Stephen M. Bainbridge (UCLA), on Thursday, September 22, 2022 Editor's Note: Stephen M. Bainbridge is the William D. Warren Distinguished Professor of Law at UCLA School of Law. This post is based on his recent paper. Almost two decades ago, the late securities law scholar Larry Ribstein used the then newly adopted Sarbanes-Oxley Act of 2002 (“SOX”) as a case study of federal regulatory responses to capital market crises.

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How CEOs Waste Time: 5 Things CEOs Do That Waste Time

Rhythm Systems

CEOs spend their days working long hours, managing employees, and dealing with shareholders. They don’t have much time to focus on their personal lives or hobbies.

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