Harvard Corporate Governance

OCTOBER 10, 2022

Posted by Heather Horn, Valerie Wieman, and Andreas Ohl, PricewaterhouseCoopers LLP, on Monday, October 10, 2022 Editor's Note: Heather Horn, Valerie Wieman, and Andreas Ohl are partners 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 ) and Will Corporations Deliver Value to All Stakeholders?

360

360

IVSC

NOVEMBER 30, 2022

In October 2020 the IVSC issued its Agenda Consultation 2020 which highlighted Automatic Valuation Models (“AVMs”) as a key topic to be considered by the IVSC over the next few years. The Agenda Consultation stated that the “IVSC Technical Boards had originally begun to look at this topic due to market feedback on technological disruption caused by the increasing use of AVMs in many markets, particularly by banks and valuers for the valuation of residential properties for secured lending purpos

Banking 246

Banking Technology Marketability Business Valuation 246

Viking Mergers

MARCH 25, 2022

Without proper direction, selling a business can quickly become overwhelming and chaotic. Organizing the process into concrete tasks will help keep priorities in order and ensure that important things don’t fall through the cracks. Selling a Business Checklist: #1 Gather Advisors. Find the following professionals to advise and assist you in the process of selling your business.

Business Valuation 245

Business Valuation Marketability EBITDA Finance 245

BVR

MARCH 28, 2022

With the COVID-19 pandemic putting a stranglehold on the U.S. economy for most of 2020 and causing an unprecedented economic impact on small businesses, DealStats Value Index (DVI) captured the 12-month snapshot on how earnings before interest, taxes, depreciation, and amortization (EBITDA) multiples have trended.

EBITDA 246

EBITDA 246

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

RC & Co.

FEBRUARY 6, 2022

By C. Brett Cooper , CPA•ABV, ASA•BV/IA, BVAL, CRFAC. In our valuation and advisory practice , we routinely need quality, timely information on publicly traded companies and on private transactions in the M&A marketplace. Our go-to source for such information is TagniFi. We recently received the TagniFi Quarterly M&A Update for Q4 2021. Here are some highlights: By all measures, the Q4 2021 was a spectacular quarter for M&A activity across the United States.

Compliance 94

Compliance Marketability Equity EBITDA 94

Exit Strategy

APRIL 4, 2022

With decades of expert valuation and real-world business transaction experience, Exit Strategies routinely values companies and positions them for successful sales. At a minimum, buyers should be willing to pay the fair market value of a business. The initial and perhaps most important step in selling a business is a thorough, objective, and accurate business […].

Fair Market Value 97

Fair Market Value Marketability Business Valuation 97

Harvard Corporate Governance

OCTOBER 2, 2022

Posted by Chuck Seets and Pat Niemann, EY, on Sunday, October 2, 2022 Editor's Note: Chuck Seets is Americas Assurance Cybersecurity Leader and Pat Niemann is Americas Audit Committee Forum Leader at EY. This post is based on their EY memorandum. Cybersecurity is reaching an inflection point. Risks are growing and broader regulations are looming. Some companies are keeping pace, but others are lagging, both in disclosures and warding off threats.

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361

Harvard Corporate Governance

JULY 14, 2022

Posted by Anna Restuccia (Harvard Law School), on Thursday, July 14, 2022 Editor's Note: This post provides the text of the complaint filed in on July 12, 2022 by Twitter in its widely-followed case against Elon Musk. This post is part of the Delaware law series ; links to other posts in the series are available here. IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE.

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361

Harvard Corporate Governance

JUNE 24, 2022

Posted by Jeffrey A. Sonnenfeld (Yale School of Management), on Friday, June 24, 2022 Editor's Note: Jeffrey A. Sonnenfeld is the Lester Crown Professor in the Practice of Management at the Yale School of Management. This post is based on a recent paper by Prof. Sonnenfeld, Steven Tian, Steven Zaslavsky, Yash Bhansali, and Ryan Vakil, all of the Yale Chief Executive Leadership Institute, Yale School of Management.

360

360

Harvard Corporate Governance

OCTOBER 1, 2022

Posted by Robert J. Rhee (University of Florida), on Friday, September 30, 2022 Editor's Note: Robert J. Rhee is John H. and Marylou Dasburg Professor of Law at the University of Florida Levin College of Law. This post is based on his recent paper , forthcoming in the Journal of Corporation Law , and is part of the Delaware law series ; links to other posts in the series are available here.

Firm Value 358

Firm Value 358

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

Harvard Corporate Governance

JULY 11, 2022

Posted by Melissa Aguilar, KPMG Board Leadership Center, on Monday, July 11, 2022 Editor's Note: Melissa Aguilar is Director of Content Creation at the KPMG Board Leadership Center, KPMG LLP. This post is based on her KPMG 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 Weiss; Will Nasdaq’s Diversity Rules Harm Investors?

Technology 359

Technology 359

Harvard Corporate Governance

JUNE 17, 2022

Posted by Jessica Ground, Capital Group, on Friday, June 17, 2022 Editor's Note: Jessica Ground is Global Head of ESG at the Capital Group. This post is based on her Capital Group memorandum. Executive summary. ESG adoption is on the rise, fuelled by client demand and a desire to make an impact. As ESG momentum continues to gain steam, investors are refining and evolving their strategies.

Alpha 358

Alpha 358

Harvard Corporate Governance

NOVEMBER 27, 2022

Posted by Merel Spierings, The Conference Board, Inc., on Sunday, November 27, 2022 Editor's Note: Merel Spierings is a Researcher for the ESG Center at The Conference Board. This post is based on her Conference Board memorandum, in partnership with ESG analytics firm ESGAUGE and compensation advisory firm Semler Brossy. Related research from the Program on Corporate Governance includes The Perils and Questionable Promise of ESG-Based Compensation (discussed on the Forum here ) by Lucian A.

Compliance 351

Compliance Finance Equity Marketability 351

Harvard Corporate Governance

AUGUST 24, 2022

Posted by Brian Tayan (Stanford University), on Wednesday, August 24, 2022 Editor's Note: Brian Tayan is a researcher with the Corporate Governance Research Initiative at Stanford Graduate School of Business. This post is based on a recent paper by Mr. Tayan; David Larcker , Professor of Accounting at Stanford Graduate School of Business; Edward Watts , Assistant Professor of Accounting at Yale School of Management; and Lukasz Pomorski , Lecturer at Yale School of Management.

Marketability 351

Marketability 351

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

Harvard Corporate Governance

NOVEMBER 20, 2022

Posted by Frederik Otto, Rachael De Renzy Channer, Ashley Summerfield, The Sustainability Board Report, on Sunday, November 20, 2022 Editor's Note: Frederik Otto is Founder and Business Advisor of The Sustainability Board Report (TSBR); Rachael De Renzy Channer is Global Head of Sustainability; and Ashley Summerfield is Leader, Global CEO and Board Consulting Practice at Egon Zehnder.

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343

Harvard Corporate Governance

DECEMBER 30, 2022

Posted by Anita B. Bandy, Raquel Fox, and Andrew Hanson, Skadden, Arps, Slate, Meagher & Flom LLP, on Friday, December 30, 2022 Editor's Note: Anita B. Bandy and Raquel Fox and are partners and Andrew Hanson is associate at Skadden, Arps, Slate, Meagher & Flom LLP. This post is based on a Skadden memorandum by Ms. Bandy, Ms. Fox, Ms. Hanson, and Leo W.

Compliance 341

Compliance 341

Harvard Corporate Governance

JUNE 7, 2022

Posted by Hannah Orowitz, Rajeev Kumar, and Lee Anne Hagel, Georgeson LLC, on Tuesday, June 7, 2022 Editor's Note: Hannah Orowitz is Head of ESG, Rajeev Kumar is Senior Managing Director, and Lee Anne Hagel is Director at Georgeson LLC. This post is based on a Georgeson memorandum by Ms. Orowitz, Mr. Kumar, Ms. Hagel, and Kilian Moote. Related research from the Program on Corporate Governance includes The Illusory Promise of Stakeholder Governance by Lucian A.

Equity 344

Equity 344

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

Harvard Corporate Governance

NOVEMBER 5, 2022

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 336

Equity Marketability 336

Harvard Corporate Governance

JUNE 20, 2022

Posted by Kavya Vaghul and Ashley Marchand Orme, JUST Capital, on Monday, June 20, 2022 Editor's Note: Kavya Vaghul is Senior Director of Research and Ashley Marchand Orme is Director of Corporate Equity at JUST Capital. This post is based on a JUST Capital memorandum by Ms. Vaghul, Ms. Orme, Aleksandra Radeva , Daniel Krasner , Kim Ira , and Molly Stutzman.

Equity 338

Equity 338

Harvard Corporate Governance

JULY 12, 2022

Posted by James Killerlane, BNY Mellon, on Tuesday, July 12, 2022 Editor's Note: James Killerlane is the Corporate Secretary, Managing Director and Deputy General Counsel of BNY Mellon. This post is based on a BNY Mellon report. Related research from the Program on Corporate Governance includes Companies Should Maximize Shareholder Welfare Not Market Value by Oliver Hart and Luigi Zingales (discussed on the Forum here ); Reconciling Fiduciary Duty and Social Conscience: The Law and Economics of

Marketability 336

Marketability 336

Harvard Corporate Governance

MAY 20, 2022

Posted by Florian Ederer (Yale) and Bruno Pellegrino (University of Maryland), on Friday, May 20, 2022 Editor's Note: Florian Ederer is Associate Professor of Economics at the Yale University School of Management, and Bruno Pellegrino is Assistant Professor of Finance at the University of Maryland’s Smith School of Business. This post is based on their recent paper.

Marketability 337

Marketability Finance Equity 337

Harvard Corporate Governance

MAY 23, 2022

Posted by Maria Moats, Shawn Panson, and Carin Robinson, PricewaterhouseCoopers LLP, on Monday, May 23, 2022 Editor's Note: Maria Moats is the leader of PricewaterhouseCoopers LLP Governance Insights Center, Shawn Panson is the US Private Company Services Leader for PricewaterhouseCoopers LLP, and Carin Robinson is a Director at PricewaterhouseCoopers LLP.

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336

Harvard Corporate Governance

MARCH 29, 2022

Posted by Amit Batish, Equilar, Inc., on Tuesday, March 29, 2022 Editor's Note: Amit Batish is Director of Content at Equilar, Inc. This post is based on an Equilar memorandum by Mr. Batish and Courtney Yu. Related research from the Program on Corporate Governance includes The Perils and Questionable Promise of ESG-Based Compensation by Lucian A. Bebchuk and Roberto Tallarita (discussed on the Forum here ); and Paying for Long-Term Performance by Lucian Bebchuk and Jesse Fried (discussed on the

336

336

Harvard Corporate Governance

MAY 10, 2022

Posted by Steven Rothstein (Ceres), Olivia Tay (Semler Bross LLC), and Yamika Ketu (Ceres), on Tuesday, May 10, 2022 Editor's Note: Steven Rothstein is managing director, Yamika Ketu is an associate, and Melissa Paschall is director of governance at Ceres; Olivia Tay is senior consultant, Kathryn Neel is managing director, and Blair Jones is managing director at Semler Brossy LLC.

334

334

Harvard Corporate Governance

JULY 6, 2022

Posted by Todd Sirras, Austin Vanbastelaer, and Justin Beck, Semler Brossy LLC, on Wednesday, July 6, 2022 Editor's Note: Todd Sirras is a Managing Director, Justin Beck is a Consultant, and Austin Vanbastelaer is a Senior Consultant at Semler Brossy LLC. This post is based on a Semler Brossy memorandum by Mr. Sirras, Mr. Beck, Mr. Vanbastelaer, Alexandria Agee, Sarah Hartman, and Kyle McCarthy.

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332

Harvard Corporate Governance

JULY 5, 2022

Posted by Rusty O'Kelley, Rich Fields, and Laura Sanderson, Russell Reynolds Associates, on Tuesday, July 5, 2022 Editor's Note: Rusty O’Kelley co-leads the Board and CEO Advisory Partners in the Americas, Rich Fields leads the Board Effectiveness practice, and Laura Sanderson co-leads the Board and CEO Advisory Partners in Europe at Russell Reynolds Associates.

328

328

Harvard Corporate Governance

JULY 9, 2022

Posted by Rusty O'Kelley, Rich Fields, and Laura Sanderson, Russell Reynolds Associates, on Saturday, July 9, 2022 Editor's Note: Rusty O’Kelley co-leads the Board and CEO Advisory Partners in the Americas, Rich Fields leads the Board Effectiveness practice, and Laura Sanderson co-leads the Board and CEO Advisory Partners in Europe at Russell Reynolds Associates.

Compliance 328

Compliance 328

Harvard Corporate Governance

NOVEMBER 6, 2022

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.

Compliance 325

Compliance Marketability 325

Harvard Corporate Governance

DECEMBER 2, 2022

Posted by Maria Castañón Moats, Paul DeNicola, Matt DiGuiseppe, PricewaterhouseCoopers LLP, on Friday, December 2, 2022 Editor's Note: Maria Castañón Moats is Leader, Paul DeNicola is Principal, and Matt DiGuiseppe is Managing Director at the Governance Insights Center at PricewaterhouseCoopers LLP. This post is based on their PwC memorandum. Related research from the Program on Corporate Governance includes The Long-Term Effects of Hedge Fund Activism (discussed on the Forum here ) by Luci

Marketability 324

Marketability 324

Harvard Corporate Governance

JULY 16, 2022

Posted by Maia Gez, Era Anagnosti, and Taylor Pullins, White & Case LLP, on Sunday, July 17, 2022 Editor's Note: Maia Gez , Era Anagnosti , and Taylor Pullins are partners at White & Case LLP. This post is based on a White & Case memorandum by Ms. Gez, Ms. Anagnosti, Mr. Pullins, Colin Diamond , Scott Levi , and Melinda Anderson. The regulatory landscape for ESG disclosure by U.S. public companies faces potentially dramatic changes, with the Securities and Exchange Commission (“SEC”)

325

325

Harvard Corporate Governance

APRIL 17, 2022

Posted by Maureen Bujno, Krista Parsons and Kimia Clemente, Deloitte LLP, on Sunday, April 17, 2022 Editor's Note: Maureen Bujno is Managing Director, Krista Parsons is Managing Director and Audit Committee Programs Leader, and Kimia Clemente is Senior Manager at at the Center for Board Effectiveness, Deloitte & Touche LLP. This post is based on a Deloitte memorandum by Ms.

Finance 324

Finance Technology 324

Harvard Corporate Governance

MAY 4, 2022

Posted by Steven Rothstein and Yamika Ketu (Ceres), and Olivia Tay (Semler Brossy LLC), on Wednesday, May 4, 2022 Editor's Note: Steven Rothstein is managing director and Yamika Ketu is an associate at Ceres; and Olivia Tay is senior consultant at Semler Brossy LLC. This post is based on a Ceres/Semler Brossy client memo and article in Corporate Board Member by Mr.

Equity 324

Equity 324

Harvard Corporate Governance

JUNE 29, 2022

Posted by Colleen Honigsberg (Stanford Law School) and Shivaram Rajgopal (Columbia Business School), on Wednesday, June 29, 2022 Editor's Note: Colleen Honigsberg is an Assistant Professor at Stanford Law School; and Shivaram Rajgopal is the Roy Bernard Kester and T.W. Byrnes Professor of Accounting and Auditing at Columbia Business School. This post is based on a rulemaking petition submitted to the U.S.

Corporate Finance 323

Corporate Finance Banking Finance Marketability 323