Fri.Jan 26, 2024

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Trends in Director Compensation

Harvard Corporate Governance

Posted by Lawrence A. Cunningham and Carlos Juarez, Mayer Brown LLP, on Friday, January 26, 2024 Editor's Note: Lawrence A. Cunningham is Special Counsel in Mayer Brown’s New York office, and Carlos Juarez is a Project Administrator at Mayer Brown LLP and J.D. Candidate at Villanova University Charles Widger School of Law. This post is based on their Mayer Brown memorandum.

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A different high-growth story: The unique challenges of climate tech

Mckinsey and Company

Capital-intensive, sustainable businesses offer growth on a scale achieved by technology juggernauts of recent decades. But they face a different set of challenges. Here’s how they can overcome them.

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Trending Sources

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Bankrupt Water Gremlin Says It Wants To Survey Tort Claims

Law 360 M&A

Water Gremlin Co. told a Delaware bankruptcy judge Friday that it is in talks with environmental regulators to close the sale of its lead battery terminal and fishing sinker plant while it tries to get a handle on what kind of tort liability the plant is leaving it with.

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Asia at the forefront of global change: On the cusp of a new era

Mckinsey and Company

Global forces are pushing the world into a new period in which rules will have to change fundamentally. In these uncertain yet exciting times, Asia is poised to lead the way.

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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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Okta Investor Sues Execs Over $6.5B Merger Integration Woes

Law 360 M&A

The top brass of identity and access management software company Okta Inc. have been hit with a shareholder suit in Delaware federal court alleging they misrepresented to investors that the integration of a business Okta acquired for $6.5 billion was progressing successfully.

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Lessons from a successful cloud journey: Empathy, community, and a smart approach to value

Mckinsey and Company

In this interview, the CIO and the director of infrastructure and user services group at the US Centers for Medicare & Medicaid Services (CMS) emphasize the need to place people—not only technology—at the center of cloud transformations.

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Author Talks: Moshik Temkin on power, purpose, and the public good

Mckinsey and Company

Today’s changing world calls for bold leadership. Moshik Temkin explores the traits of dynamic leaders in history and how they worked with power—or in opposition to it—to meet the moment.

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New Requirement to Cover Long-Term Part-Time Employees in 401(k) Plans Enters into Effect.

Machen McChesney

The Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act of 2019) and the SECURE 2.0 Act of 2022 (collectively, SECURE) enacted a new mandate that, starting in 2024, long-term, part-time (LTPT) employees must be allowed to make salary deferrals into their employer’s 401(k) plan.

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A flight plan for everyone

Mckinsey and Company

Senior airline executive and inclusion advocate Michael Swiatek outlines the changes required to enhance travel experiences for those with disabilities.

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JetBlue Says It May Back Out of Deal to Acquire Spirit Airlines

NYT M&A

JetBlue now says that it could back out of the acquisition just a week after the company said it intended to appeal a judge’s decision to block the deal.

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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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Jury Mulls Alleged Davis Polk 'Scheme' To Fire Black Atty

Law 360 M&A

A Manhattan federal jury on Friday began deliberating claims by a Black former Davis Polk & Wardwell LLP associate that he was fired for airing concerns about racial bias in what his lawyer called a clandestine retaliation plot.

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UK regulator launches investigation into Vodafone-Three merger

The Guardian M&A

CMA will assess impact proposed deal could have on competition for consumers and businesses Business live – latest updates The UK competition regulator has launched an investigation into the proposed merger of Vodafone and Three to create the UK’s largest mobile phone operator. The Competition and Markets Authority (CMA) now has up to 40 days to examine the deal and decide whether it warrants being subjected to a full, in-depth investigation on competition grounds.

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Marketing Co.'s Unsecured Creditors Blast Sale Proposal

Law 360 M&A

The unsecured creditors in Manhattan-based marketing firm Troika Media Group's Chapter 11 case have asked a New York bankruptcy judge to reject the company's plan for a sale to its secured lender, alleging the transaction would only benefit secured lenders and leave the business administratively insolvent.

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Comment on The New Appraisal Profession – Why bother! by Unknown

Appraisers Blog

I have been through the mill in the last 3 years. A racial claim from a “serial financer” Then when it came to mine where I was honest and did not hit the value he thought his home was worth, he brought forth all hell. Complained to the VA and HUD with racist claims against me. Your turn will come, it is just a matter of time. This is horrible!!!

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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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Navigating Tax Implications When Selling Your Business: 6 Key Considerations

Sun Acquisitions

Selling a business is a significant financial decision that comes with various considerations, and one of the most important aspects to be aware of is the tax implications. Understanding the tax consequences of selling your business can help you make informed decisions and optimize your financial outcome. Here are six key considerations you need to know about tax implications when selling a business. 1.

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Comment on Damned If You Do and Damned If You Don’t by Mary Cummins

Appraisers Blog

We can refuse to bid on it or refuse to accept the assignment, right? I will refuse an assignment if the property has major issues or if it’s listed way over market value. You just know no one will be happy with your value if it’s listed way over market. No appraiser needs that worry and stress for a few hundred bucks. We just can’t refuse to do the appraisal after we accepted it and inspected?

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Casino To End Del. SPAC Suit Despite Hedge Fund Butting In

Law 360 M&A

A New York hedge fund that helped draft a failed $2.6 billion deal to take a casino in the Philippines public by merging with a special purpose acquisition company is now trying to intervene in the company's Delaware lawsuit against the casino's operators, challenging a pending settlement that would end their Chancery Court litigation.

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Comment on Damned If You Do and Damned If You Don’t by Russell

Appraisers Blog

In reply to PJTMC. True, but they come from both. It is true assessors values are typically lower than fair market values. No one tells assessors that you have assessed my property too low. If they did their taxes would be higher. We complain when they go up on the value. It does not need to be a black & white issue. It is a made up issue that is costing unjust pain and anguish to Caucasians in this profession.

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Chancery Hits Hedge Fund With Sanctions In Bioverativ Case

Law 360 M&A

An activist hedge fund principal and four affiliated funds were hit with hefty Delaware Chancery Court pretrial sanctions Friday for unexplained loss or deletion of electronic messages sought for a stockholder challenge to Sanofi's $11.6 billion acquisition of biomedical venture Bioverativ.

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Vroom in the Tomb and Used Vehicle Gloom

Auto Dealer Valuation Insights

This week, we’re following up on our “Vroom, Zoom, and Stock Market Boom” from the end of Q2 2020, as Vroom announced it is ceasing e-commerce operations. Vroom is very much a sign of the times for its era. We discuss its short, checkered history as a public company and what auto dealers can learn from the past few years.

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What R&W Insurance Access Means For Small-Cap M&A

Law 360 M&A

As a slowdown in mergers and acquisitions has increased insurer appetite for underwriting small-cap transactions, buyers of small and midsize enterprises stand to benefit from easier access to representations and warranties insurance, which can add protection and reassurance for all parties involved in a deal, say Caroline Thee and Ewelina Mikocewicz at Taft Stettinius.

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Quality of Earnings Analysis for RIAs

Auto Dealer Valuation Insights

As we’ve often highlighted on this blog, transaction activity in the RIA space has increased dramatically over the last decade. Alongside this increase in deal activity, there have been significant developments in the supporting infrastructure for M&A. Many large consolidators now have dedicated outreach and deal teams and standardized due diligence processes.

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Ebix Ch. 11 Financing Survives Challenge To $70M Roll Up

Law 360 M&A

A Texas bankruptcy judge approved a $105 million post-petition financing package in the case of insurance software company Ebix Inc. on Friday, overruling an objection from the Office of the U.S. Trustee concerning a rolling up of $70 million in existing debt.

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M&A as a Solution to Boosting Med Spa Retail Sales: A Strategic Approach

Sun Acquisitions

The quest to boost retail sales can often seem like an uphill battle in the competitive landscape of medical spas or med spas. We have seen many of our clients become more discerning and the market more saturated, Med Spa owners and operators constantly seek innovative strategies to increase revenue. One such strategy that has gained traction is utilizing mergers and acquisitions (M&A) to buy another med spa business with proven retail success into an existing Med Spa model.

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NYC Man Gets 5 Months In Merck, Pandion Insider Trading Case

Law 360 M&A

A tech support professional who traded on confidential information about an upcoming Merck & Co. acquisition that was secretly obtained from a Covington & Burling LLP associate was sentenced to five months in prison Friday, getting credit from a Manhattan federal judge for his early confession.

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Strategic Mergers: Solving Digitalization Challenges in Sign Manufacturing

Sun Acquisitions

In the rapidly evolving landscape of the sign manufacturing industry, Sun Acquisitions has seen digital transformation become a pivotal factor for businesses striving to maintain competitiveness and efficiency. The integration of advanced digital technologies, however, presents unique challenges, particularly for traditional firms that need more infrastructure or expertise.

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JetBlue Says It May Scrap Spirit Merger After Court Ruling

Law 360 M&A

JetBlue Airways Corp. said Friday that a federal judge's decision blocking its $3.8 billion merger with Spirit Airlines could lead to the deal being scrapped as a critical deadline looms, while Spirit responded that there's "no basis" to end their efforts.

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Achieve a Competitive Edge through Acquisition: M&A Strategies for Innovation in Metal Manufacturing

Sun Acquisitions

In the current metal manufacturing marketplace, our clients are seeing rapid technology and automation advancements that are improving operating efficiencies and financial performance. In this competitive environment, smaller manufacturers must adapt swiftly to remain competitive. Acquiring a metal manufacturing business in this dynamic industry isn’t just about increasing capacity or geographic reach; it’s increasingly about integrating cutting-edge technology, innovative product de

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Why Is Spirit Airlines Stock Sliding Friday?

Benzinga

Spirit Airlines, Inc (NYSE: SAVE ) stock plunged Friday as JetBlue Airways Corp (NASDAQ: JBLU ) disclosed its inability to comply with every provision of the $3.8 billion merger deal within the stipulated period. The update sent the prices of the target company down 18% Friday. JetBlue also informed Spirit that the deal may be terminable on and after January 28, 2024.

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Building a Paving Powerhouse: Strategic Mergers for Enhanced Market Position and Value

Sun Acquisitions

The construction industry, particularly the paving sector, is familiar with the volatility of market dynamics. Companies within this space consistently seek strategies to strengthen their market position and drive business value. One of the most effective ways to achieve this is through strategic mergers and acquisitions (M&A). By acquiring a paving business with complementary strengths and capabilities, companies can significantly increase their enterprise value.

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SBA Loans for Jewelry and Watch Wholesale Businesses

Peak Business Valuation

The jewelry and watch wholesale industry will likely see revenue and profit growth in the coming years. As such, now may be a good time to start, purchase , or expand a jewelry and watch wholesale business. Whether you are starting, buying, or growing a business, doing so often requires significant investments. For this reason, the Small Business Administration offers several loan programs for small business transactions.

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Consolidating to Combat Commission Costs: M&A as a Strategy to Reduce Operating Expenses

Sun Acquisitions

As ancillary costs drive up the operating expenses of smaller food distributors, many are turning to mergers and acquisitions (M&A) as a strategic solution. The primary goal should be reducing operational expenses by maximizing warehouse efficiency and increasing the sales per delivery. In an environment where margins are thin and competition fierce, acquiring a food distribution business with a similar geographic footprint appears not just a savvy move, but a necessary one.

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Kirkland Guides PE Firm's $362M Buy Of Emulsifier Biz

Law 360 M&A

Ingredients maker Corbion NV said Friday that it has agreed to sell its emulsifier business to private equity firm Kingswood for $362 million in a deal guided by Stinson LLP and Kirkland & Ellis LLP.

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Consolidation as a Competitive Edge: Navigating the IT and MSP Market Dominated by Tech Giants

Sun Acquisitions

Managed Service Providers (MSPs) face an increasingly competitive market in the rapidly evolving information technology landscape. The rise of tech giants offering comprehensive cloud services has placed immense pressure on smaller MSPs to differentiate their offerings. It has been our experience working with IT companies that it is important to implement a strategic approach to remain competitive.