Sat.Nov 05, 2022 - Fri.Nov 11, 2022

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Tips for Developing Your Economic Overview

BVR

Understanding all of the elements that go into valuing your business can seem like an overwhelming task. But A Field Guide to Business Valuation has insights to make it less of a challenge. With this post, we focus on Chapter 6.

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Shareholder Voting Trends (2018-2022)

Harvard Corporate Governance

Posted by Matteo Tonello, The Conference Board, Inc., on Saturday, November 5, 2022 Editor's Note: Matteo Tonello is Managing Director of ESG Research at The Conference Board, Inc. This post relates to Shareholder Voting Trends Live Dashboard , an online dashboard published by The Conference Board in partnership with ESG data analytics firm ESGAUGE and in collaboration with Russell Reynolds Associates and Rutgers Center for Corporate Law and Governance.

Equity 334
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Liverpool FC sale explored by US owners Fenway Sports Group

Financial Times M&A

Move comes months after Chelsea was sold to consortium led by American financier Todd Boehly for £2.

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Living longer in better health: Six shifts needed for healthy aging

Mckinsey and Company

As many individuals live well past retirement age, stakeholders are examining how interventions, data, and innovation can transform aging.

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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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Why You Should Think Like a Buyer When Selling a Business

Viking Mergers

At Viking Mergers & Acquisitions, we provide personalized and professional business brokerage services to buyers and sellers. Selling a business takes a great deal of consideration and research to avoid leaving money on the table at closing. That’s why we encourage our business owners to think like a buyer throughout the selling process. When a business owner considers the perspective of a potential buyer, the owner can better recognize the priorities a buyer looks for.

Start-ups 130
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Seven Key Considerations for a Reverse Stock Split by a Delaware Corporation

Harvard Corporate Governance

Posted by Jeremy Barr, Valerie Ford Jacob, and Pamela Marcogliese, Freshfields Bruckhaus Deringer LLP, on Sunday, November 6, 2022 Editor's Note: Jeremy Barr is Counsel, Valerie Ford Jacob is Global Co-head of Capital Markets & Partner, and Pamela Marcogliese is a Partner at Freshfields Bruckhaus Deringer LLP. This post is based on their Freshfields memorandum and is part of the Delaware law series ; links to other posts in the series are available here.

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Scaling up: How founder CEOs and teams can go beyond aspiration to ascent

Mckinsey and Company

For many start-ups, the challenge is no longer about securing capital—it’s about learning how to restructure themselves as fast as their products or organizations can evolve.

Start-ups 132
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Corporate Governance Beyond the Shareholder and Stakeholder Models

Reynolds Holding

In a new paper, we compare the main models of corporate governance (Schoenmaker, Schramade and Winter, 2022). One is the stakeholder model, which recognizes that companies have responsibilities to society that are broader than just making a profit. A problem with that model, though is that it includes multiple goals, making it difficult to hold management accountable.

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Building Effective Cybersecurity Governance

Harvard Corporate Governance

Posted by Orla Cox and Hetal Kanji, FTI Consulting , on Thursday, November 10, 2022 Editor's Note: Orla Cox and Hetal Kanji are Directors of Strategic Communications, and Simon Onyons is a Managing Director at FTI Consulting. This post is based on their FTI memorandum. Executive Summary. Digitalisation has changed the way companies operate and given rise to a rapidly evolving set of risks that companies face and must prepare for – cybersecurity risks.

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Startup Valuation: navigating opportunity

Equidam

“Every number in your valuation has to have a story that’s attached to it. And every story you tell me about a company has to have a number attached.”. This quote, from Aswath Damodaran , Professor of Finance at the Stern School of Business at New York University, is one of the more fundamental truths about valuation. With any product that you might consider buying, ‘story’ is a crucial component of that decision.

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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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When things get rocky, practice deliberate calm

Mckinsey and Company

When faced with an unfamiliar crisis, most leaders spring into action. But wait—here’s why it’s better for those in charge to pause instead of pounce.

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Are Health Plans Required to Cover Emergency Contraceptives?

ThomsonReuters

QUESTION: Is our group health plan required to cover emergency contraceptives, including those that are available over-the-counter? ANSWER: Consistent with Health Resources and Services Administration (HRSA) guidelines, nonexempt health plans must cover without cost-sharing FDA-approved emergency contraception (levonorgestrel or ulipristal acetate), including over-the-counter (OTC) products, when the product is prescribed by an attending provider.

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Crafting the ‘G’ in ESG: Accountability in the Boardroom

Harvard Corporate Governance

Posted by Amma Anaman, Helle Bank Jørgensen, and Chantal Wessels, Nasdaq, Inc., on Tuesday, November 8, 2022 Editor's Note: Amma Anaman is Associate General Counsel and Legal Relationship Manager, Helle Bank Jørgensen is CEO of Competent Boards, and Chantal Wessels is Vice President, Head of Global Reporting and Corporate ESG at Nasdaq, Inc. This post is based on a publication by the Nasdaq Center for Board Excellence.

Banking 260
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Rio Tinto’s bid for Turquoise Hill hits snags

Financial Times M&A

Regulators cite ‘public interest concerns’ and shareholders object to offer for mining group with stake in Oyu Tolgoi project

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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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Building a world-class Dutch start-up ecosystem

Mckinsey and Company

A strategy to both increase the number of start-ups and facilitate their ability to scale can elevate the Netherlands to a global leader in the world of entrepreneurship ecosystems.

Start-ups 126
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How to streamline accounting processes—a step-by-step guide

ThomsonReuters

Most accountants know that choosing the right accounting technology can boost the ability to serve clients, satisfy staff, and build deeper client relationships.?But how do you take full advantage of technology to streamline accounting processes? . The answer lies in implementing an end-to-end tax workflow automation solution backed by an integrated technology ecosystem.

Start-ups 105
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Establishing Norms for Director Behavior to Enhance Board Culture and Effectiveness

Harvard Corporate Governance

Posted by Holly J. Gregory, Sidley Austin LLP, on Tuesday, November 8, 2022 Editor's Note: Holly J. Gregory is a Partner and co-chair of the Global Corporate Governance practice at Sidley Austin LLP. This post is based on her Sidley memorandum. Board culture—the shared values, beliefs, assumptions, and expectations that influence behavior in the boardroom—plays a considerable role in the board’s ability to govern in an effective and efficient manner.

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Twitter Users Create Havoc by Impersonating Brands

NYT M&A

The social media service, which is undergoing changes from its new owner Elon Musk, has descended into a messy swirl of spoof messages and parody accounts.

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Author Talks: In defense of big data

Mckinsey and Company

Public discourse is often wary of automation, AI, and data collection, but along with the risks of digital technology comes its power to address climate change and prevent discrimination.

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What's Going To Happen To All The Companies FTX Bought?

Benzinga

FTX founder and former CEO Sam Bankman-Fried announced via Twitter Friday that FTX US, FTX Trading, quantitative research firm Alameda Research and 130 additional affiliated companies to the FTX Group have commenced voluntary proceedings under Chapter 11 bankruptcy. That begs a very simple question: what’s going to happen to all the companies FTX bought?

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ESG Ratings: A Call for Greater Transparency and Precision

Harvard Corporate Governance

Posted by Jason Halper, Duncan Grieve, Timbre Shriver, Cadwalader, Wickersham & Taft LLP, on Thursday, November 10, 2022 Editor's Note: Jason Halper is Partner, Timbre Shriver is an Associate, and Duncan Grieve is Special Counsel at Cadwalader, Wickersham & Taft LLP. This post is based on a Cadwalader memorandum by Mr. Halper, Ms. Shriver, Mr.

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Estée Lauder nears $2.8bn deal to buy Tom Ford

Financial Times M&A

Cosmetics group in exclusive talks after beating rival bidder Kering

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How agtech start-ups can survive a capital drought

Mckinsey and Company

Although agtech investment has fallen from last year’s peak, the surge in capital for start-ups over the past decade has created opportunities for smaller companies.

Start-ups 122
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BREAKING: FTX Files For Bankruptcy After Stunning Collapse In Value

Law 360 M&A

The world's second-largest cryptocurrency exchange filed for bankruptcy in Delaware court Friday according to a company press release after it failed to secure enough new liquidity to offset a stunning collapse in value last week, becoming the latest digital asset platform to succumb to volatility in the cryptocurrency market. It listed at least $10 billion in liabilities.

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Practical takeaways of universal proxy card

Harvard Corporate Governance

Posted by Louis L. Goldberg, William H. Aaronson, and Ning Chiu, Davis Polk & Wardwell LLP, on Wednesday, November 9, 2022 Editor's Note: Louis L. Goldberg , William H. Aaronson , and Ning Chiu are Partners at Davis Polk & Wardwell LLP. This post is based on their Davis Polk memorandum. Related research from the Program on Corporate Governance includes Universal Proxies (discussed on the Forum here ) by Scott Hirst.

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Sam Bankman-Fried's Mea Culpa On FTX Collapse: 'Should Have Done Better'

Benzinga

After going silent for several days during rival Binance's near acquisition of his faltering cryptocurrency platform, FTX chief executive Sam Bankman-Fried took to Twitter Thursday to explain how his liquidity issues came to light. What Happened: Bankman-Fried explained via Twitter that the $32-billion company poorly labeled bank-related accounts.

Banking 98
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Four key capabilities to strengthen a fraud management system

Mckinsey and Company

In the face of new fraud methods and increasing incidence of fraud, companies must continually identify and address vulnerabilities. Success will require core capabilities in four areas.

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The Fall of FTX’s Sam Bankman-Fried Puts Crypto Industry on Edge

NYT M&A

The rapid collapse of FTX, built by the billionaire Sam Bankman-Fried, suggests that no company in the freewheeling, loosely regulated crypto industry is safe.

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Top 5 SEC Enforcement Developments

Harvard Corporate Governance

Posted by Haimavathi Marlier, Jina Choi, and Michael Birnbaum, Morrison & Foerster LLP, on Monday, November 7, 2022 Editor's Note: Haimavathi Marlier , Jina Choi , and Michael Birnbaum are Partners at Morrison & Foerster LLP. This post is based on their Morrison & Foerster memorandum. In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important SEC enforcement developments from the past month, which was an act

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Binance Drops FTX Acquisition, Cryptos Trade Deep In The Red: 'The Issues Are Beyond Our Control'

Benzinga

Binance walked away from a deal to acquire FTX.com Wednesday after examining the company’s financials. The decision comes as a result of due diligence, as well as reports of mishandled customer funds and U.S. regulatory investigations , the crypto exchange said in a statement posted in a series of tweets. “Our hope was to be able to support FTX’s customers to provide liquidity, but the issues are beyond our control or ability to help,” Binance said.

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More for less: Five ways to lower cloud costs without destroying value

Mckinsey and Company

Companies can often find significant savings in their cloud programs—if they know where to look.

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Could FTX’s Collapse Signal Even Tougher Times for Crypto? Here’s What to Know.

NYT M&A

Here’s how to make sense of the industry-shaking collapse of FTX.

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SEC Pay Versus Performance Disclosure Requirements: Initial Observations

Harvard Corporate Governance

Posted by Jordan Lute, Maria Vu, Glass, Lewis & Co, on Wednesday, November 9, 2022 Editor's Note: Jordan Lute is a Research Analyst and Maria Vu is a Senior Director of Compensation Research at Glass, Lewis & Co. This post is based on their Glass Lewis 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 both by Lucian

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Binance ditches deal to rescue rival crypto exchange FTX

Financial Times M&A

Reversal comes after due diligence revealed concerns over business practices

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