Fri.Sep 08, 2023

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Proceduralism: Delaware’s Legacy

Harvard Corporate Governance

Posted by Dalia Tsuk Mitchell (George Washington University), on Friday, September 8, 2023 Editor's Note: Dalia Tsuk Mitchell is The John Marshall Harlan Dean’s Research Professor of Law at George Washington University Law School. This post is based on her recent article published in the University of Chicago Business Law Review , and is part of the Delaware law series ; links to other posts in the series are available here.

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Seven Reasons Why Vertical IQ Adds Value to Your Valuations

BVR

Vertical IQ is designed to help valuation practitioners like you get the most actionable industry intelligence for your valuation engagements. Let's take a look at some of the key reasons Vertical IQ can be an invaluable asset to your business.

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Weekly Roundup: September 1-September 8, 2023

Harvard Corporate Governance

Posted by the Harvard Law School Forum on Corporate Governance, on Friday, September 8, 2023 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of September 1-September 8, 2023 Trends in Shareholder Proposals Posted by Nathan Williams, Jamie McGough, and Donald Kalfen, Meridian Compensation Partners, on Friday, September 1, 2023 Tags: director elections , Executive Compensation , Lobbying , Proxy season , Russell 3000 , S&P 500 , Shareholder

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North American mobility retail balances old and new for future success

Mckinsey and Company

With the growth of e-mobility and younger consumers seeking high-tech convenience, nimble North American mobility-retail players are combining old and new offerings to stay competitive.

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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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Colorado Cannabis Co. Expands In Europe Via New Acquisition, More Details Here

Benzinga

CBD of Denver, Inc. (OTC Pink: CBDD ) has closed the acquisition of HOLISTICH GmbH, a Swiss-based company with a location in Vienna, Austria with a focus on cannabis tissue cultures offering cannabis production facilities high-quality cannabis clones. What Happened HOLISTICH has an existing wholesale distribution and clone business that will immediately add revenues to Luxora.

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Product security: Navigating regulations and customer expectations

Mckinsey and Company

Following five success factors can help create a winning strategy for embedding security into the new-product life cycle.

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Key Performance Indicators in Banking | Ncontracts

N Contracts

Defining and measuring performance is necessary for financial institutions. To meet its strategic objectives, a bank or credit union must decide what it wants to achieve and evaluate its progress toward these goals.

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Jodie Arceneaux Receives LCPA’s Distinguished Public Service Award

LaPorte

The Society of Louisiana CPAs has named Jodie B. Arceneaux, CPA, as this year’s honoree of the Distinguished Public Service Award. Jodie is a tax… The post Jodie Arceneaux Receives LCPA’s Distinguished Public Service Award first appeared on LaPorte.

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Covestro to start deal talks after Adnoc raises bid price to €14bn

Financial Times M&A

Abu Dhabi state energy group improves offer for German chemical company as emirate flexes financial muscle

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S corp vs C corp vs LLC: What’s the difference, and which one is better for your business?

ThomsonReuters

Jump to: What are the main types of business ownership? Which is better: a C corp, S corp, or LLC? What is a C corporation? What is an S corporation? When is it better to create an LLC instead of a C corp or S corp? What is an LLC? Choosing the right business structure for entrepreneurs Business owners can structure their companies in several different ways , depending on the size of the business, its growth potential, how the business is managed, how the owners want to be taxed, a

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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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Pinault empire makes California return with A-list agency acquisition

Financial Times M&A

French billionaire François-Henri Pinault spearheads investment into talent manager CAA that represents his wife Salma Hayek

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Tech Partner Rejoins Goodwin In Calif. From Blockchain Group

Law 360 M&A

Goodwin Proctor LLP has rehired a former partner in California who focuses his practice on technology matters, emerging growth companies and venture capital firms, according to a recent announcement.

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Five Lower Middle Market M&A Trends In 2023

Benchmark Report

The lower middle market is a highly dynamic and active segment of the M&A landscape, characterized by companies with enterprise values up to $100 million. In early 2023, several key trends appear to shape the lower middle market M & A landscape.

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Bruno Mars-rights holder Round Hill Music Royalty Fund set to be sold

Financial Times M&A

UK-listed company owns more than 150,000 songs but has suffered during high interest rate era

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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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August 2023 SAAR

Auto Dealer Valuation Insights

The August 2023 SAAR was 15.0 million units, down 4.5% from last month but 13.6% higher than August 2022’s figure. This month’s data holds true to the ongoing trend of considerable year-over-year improvements that have remained strong throughout the year. In fact, this month marks the thirteenth straight month of year-over-year improvements in the SAAR.

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How to Value an Essential Oil Business

Peak Business Valuation

Essential oils carry the scent of particular plants such as lavender, peppermint, lemon, etc… These oils are used for a variety of purposes including aromatherapy, skincare, and massage therapy. The essential oil industry has benefited from trends in natural health, growing wellness and spa industries, and homemade skincare products. As such, this industry generates hundreds of millions of dollars each year.

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Where Is RIA Dealmaking Headed?

Auto Dealer Valuation Insights

Steve Sanduski sat down with Matt Crow to talk about the state of the RIA industry for Steve’s Barron’s Advisor Podcast. In the episode, Steve and Matt explore the main drivers of the recent M&A environment for RIAs, the pros and cons of consolidation, and when selling to a consolidator makes sense instead of pursuing internal succession.

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Kroger And Albertsons Seal The Deal: A $1.9B Sale To Change The Grocery Game

Benzinga

Kroger Co (NYSE: KR ) and Albertsons Companies Inc (NYSE: ACI ) reached a definitive agreement with C&S Wholesale Grocers to sell select stores, banners, distribution centers, offices, and private label brands for $1.9 billion as part of their proposed merger. This move aims to expand access to affordable food and create a competitive alternative to non-union retailers.

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Kroger, Albertsons Unveil Asset Sale To Help Close Megadeal

Law 360 M&A

Kroger and Albertsons announced a plan on Friday to divest stores in a $1.9 billion deal designed to facilitate a $24.6 billion merger that has raised antitrust concerns from parties such as the Federal Trade Commission, a group of seven secretaries of state, and a union that represents employees of both chains.

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Deal Or No Deal? Asbury Automotive Acquires Ninth Largest Privately-Owned US Dealership, Jim Koons

Benzinga

Asbury Automotive Group Inc (NYSE: ABG ) penned a deal to acquire Jim Koons Automotive Companies for an undisclosed amount. Jim Koons is the ninth largest privately-owned dealership group in the U.S., and the buyout includes 29 franchises, six collision centers, 20 dealerships in Virginia, Maryland, and Delaware. Founded in 1973, Jim Koons was one of.

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Del. Chancery Declines to Award Specific Performance in DeSPAC Merger Fight

John Jenkins

Yesterday, in 26 Capital Acquisition Corp., et. al. v. Tiger Resort, (Del. Ch.; 9/23), Vice Chancellor Laster denied a SPAC buyer’s motion for a decree of specific performance compelling the target to use its reasonable best efforts to close a proposed deSPAC transaction.

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Vivid Seats Completes Acquisition of Wavedash

Benzinga

CHICAGO, Sept. 08, 2023 (GLOBE NEWSWIRE) -- Vivid Seats Inc. (NASDAQ: SEAT ) ("Vivid Seats"), a leading marketplace that utilizes its technology platform to connect millions of buyers with thousands of ticket sellers across hundreds of thousands of events each year, today announced that it has completed the acquisition of WD Holdings Co., Ltd. ("Wavedash") in an all-cash transaction.

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With Equity Markets Down, Venture Lending Provides Solution

Law 360 M&A

Given the growth of private debt funds, new entrants in the market and equity markets remaining sluggish, more borrowers are turning to venture debt financing, with long-standing venture funds offering flexibility and expertise without the risks of larger banks, says Jennifer Post at Thompson Coburn.

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Sonoco Completes Acquisition of RTS Packaging

Benzinga

HARTSVILLE, S.C., Sept. 08, 2023 (GLOBE NEWSWIRE) -- Sonoco Products Company (NYSE: SON ) ("Sonoco" or the "Company"), a diversified global packaging leader, today announced the completion of its acquisition of the remaining equity interest in RTS Packaging, LLC ("RTS") from joint venture partner WestRock (NYSE: WRK ) and one WestRock paper mill in Chattanooga, Tennessee.

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3 Firms Build Sale Of Jim Koons Automotive Companies

Law 360 M&A

Automotive retail and services company Asbury Automotive Group Inc. on Friday announced it will add nearly two dozen car dealerships and 29 franchises to its network as part of its purchase of privately owned car dealer Jim Koons Automotive Companies in a deal guided by three firms.

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Coherus Completes Surface Oncology Acquisition

Benzinga

– Clinical-stage product candidates, casdozokitug and CHS-114, significantly advance next-generation immuno-oncology portfolio focused on the tumor microenvironment – – I-O combinations will potentially expand toripalimab opportunity into large indications with high unmet need – REDWOOD CITY, Calif., Sept. 08, 2023 (GLOBE NEWSWIRE) -- Coherus BioSciences, Inc.

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Errant Lead Plaintiffs DQ'd, Likely Killing $10M Settlement

Law 360 M&A

The behavior of two LRN Corp. stockholders seeking to lead a proposed class action over an allegedly unfair tender offer appears to have doomed a tentative $10 million settlement of their litigation, as a Delaware Chancery Court vice chancellor has found them unfit to represent the proposed class.

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How Berkadia Matured Their Qualitative and Quantitative Risk Program

Audit Board

In our Spotlight on Success series, Bridget Keller (VP of Internal Audit) and Bill Cancel (Vice President of Information Security) share how Berkadia leveraged AuditBoard’s connected risk platform to correlate, automate, and streamline their processes. Berkadia, a company based out of New York City that sells, finances, and services commercial real estate, has powered their success with long-term investments in people and technology.

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Chancery OKs $9.25M Deal To End HF Foods Derivative Suit

Law 360 M&A

A $9.25 million settlement of a derivative suit accusing insiders of restaurant supply business HF Foods Group Inc. of diverting millions to the company's founders and others easily secured Delaware Court of Chancery approval Friday, along with a 10% fee for the lead stockholder's attorneys.

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Katz SPAC Sues Medical Imaging Co. To Close $151M Merger

Law 360 M&A

A special-purpose acquisition company tied to SPAC mogul Avi Katz sued a medical imaging company that it planned to take public in Delaware's Court of Chancery late Thursday, alleging breach of contract and other claims related to the deal announced in 2022.

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EV-Maker Lucid Pans Securities Suit Over Production Targets

Law 360 M&A

Electric sports-car maker Lucid Group urged a California federal judge Friday to dismiss a proposed securities class action claiming it lied to investors about its ability to mass-produce vehicles and meet production targets, saying the suit doesn't show company statements were false or misleading when made.

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3 Firms Guide AI Co.'s Plans To Go Public Via SPAC Merger

Law 360 M&A

Customer engagement AI company Brand Engagement Network Inc. will go public via merger with a special purpose acquisition company in a deal guided by three firms including Haynes and Boone LLP and Cooley LLP, the companies have announced.

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Caterpillar Unit Hits Wabtec With Antitrust Suit

Law 360 M&A

Caterpillar subsidiary Progress Rail, a supplier of railroad products and services, has sued rail giant Wabtec in Delaware federal court, saying its rival's multibillion-dollar merger with General Electric Co.'s transportation unit created an entity that now wields its "dominant market position" to engage in "anticompetitive exclusionary conduct.