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 343

Equity 343

Viking Mergers

JUNE 10, 2022

Selling a business can be an emotional process, especially after years, maybe decades, of hard work. You have poured your life into making your business what it is today, and it is completely normal to have a lot of questions as you approach the selling process. A few questions you might have are, How do I find the best buyer? Are they going to value my legacy and vision?

Business Valuation 130

Business Valuation Start-ups 130

Mckinsey and Company

JUNE 7, 2022

By 2030, AI could disrupt transportation and other key sectors in China, adding significant economic value—but only if strategic cooperation and capability building occur across multiple dimensions.

145

145

ThomsonReuters

JUNE 6, 2022

The reality is, technical competence still lies at the heart of adding value. When you can flag changes in accounting, auditing, and tax that clients didn’t know about, and help them manage commercial impacts with innovative solutions, then you’re well on your way to gaining their trust. But how do you stay current on accounting and auditing standards when there are new developments happening all the time?

Start-ups 142

Start-ups Technology 142

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

Harvard Corporate Governance

JUNE 6, 2022

Posted by Cynthia Dow, Harsonal Sachar, and Leah Christianson, Russell Reynolds Associates, on Monday, June 6, 2022 Editor's Note: Cynthia Dow leads Russell Reynolds Associates’ Legal, Risk & Compliance Officers capability; Harsonal Sachar leads Knowledge for Russell Reynolds Associates’ Legal, Risk & Compliance Officers and Human Resources Officers capabilities; and Leah Christianson is a member of Russell Reynolds Associates’ Center for Leadership Insight.

Compliance 302

Compliance 302

Viking Mergers

JUNE 8, 2022

At Viking, we firmly believe that one of the best ways to make the right decisions about selling your business (and most anything, really) is to be well-informed. So, we set out to create this four-part series as a practical resource for business owners like you. In Part One, we discussed negotiating payment terms ; Part Two covered how to negotiate assets conveyed ; and in Part Three, we dove into legalities to negotiate in a business sale.

130

130

Benzinga

JUNE 8, 2022

On Monday, the lawyers that represent Tesla Inc (NASDAQ: TSLA ) CEO Elon Musk sent a letter to Twitter Inc (NYSE: TWTR ) Chief Legal Officer Vijaya Gadde with a note from Musk accusing the platform of refusing “to provide the information that Mr. Musk has repeatedly requested since May 9, 2022, to facilitate his evaluation of spam and fake accounts on the company’s platform.

111

111

Harvard Corporate Governance

JUNE 5, 2022

Posted by Hannah Geyer, National Association of Corporate Directors (NACD), on Sunday, June 5, 2022 Editor's Note: Hannah Geyer is associate director of the chapter network and centers at National Association of Corporate Directors (NACD). This post is based on a NACD BoardTalk publication. Related research from the Program on Corporate Governance includes Politics and Gender in the Executive Suite by Alma Cohen, Moshe Hazan, and David Weiss (discussed on the Forum here ); Will Nasdaq’s Di

Equity 277

Equity 277

Viking Mergers

JUNE 6, 2022

At Viking Mergers & Acquisitions, we consistently express to our clients that performing a valuation of their business is the first step in planning a successful exit strategy. Business valuations include many moving parts, and understanding specific components of the process can give an entrepreneur an idea of what their business is worth. What Is EBITDA?

EBITDA 130

EBITDA Intangible Assets Business Valuation 130

Mckinsey and Company

JUNE 6, 2022

A senior partner in McKinsey’s Johannesburg office and chairman of the firm’s Africa region shares his views on purpose, untraditional paths, and why people must be not only good mentors but also good protégés.

136

136

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

Appraiser Newsroom

JUNE 10, 2022

How the great resignation is creating new job opportunities around the world. By: ASA CEO, Johnnie White. Many may not understand the appraisal profession, or even the fact that there are multiple disciplines within it, but what people should know are the new opportunities being created by the “great resignation,” as a result of the global pandemic and economy to start a new career.

Appraisal 107

Appraisal Intangible Assets Business Valuation 107

Harvard Corporate Governance

JUNE 6, 2022

Posted by Gabriel Rauterberg (University of Michigan), on Monday, June 6, 2022 Editor's Note: Gabriel Rauterberg is Assistant Professor of Law at the University of Michigan Law School. This post is based on a review essay in the Harvard Law Review. The last two years have seen astonishing changes to how public institutions manage the economy in the United States and other developed countries.

Finance 251

Finance Banking 251

ThomsonReuters

JUNE 9, 2022

QUESTION: One of our DCAP participants will soon take a ten-week maternity leave, following the birth of her second child. Her two-year-old child will be at home during this time instead of attending day care, but the provider will charge her half of the regular monthly fee to hold the child’s spot during the leave. Can our DCAP reimburse this fee?

105

105

Mckinsey and Company

JUNE 10, 2022

As the semiconductor shortage persists, the automotive industry will likely benefit from new sourcing models and stronger bonds between OEMs, Tier 1 suppliers, and semiconductor suppliers.

118

118

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

Benzinga

JUNE 6, 2022

JetBlue Airways (NASDAQ: JBLU ) has upped the ante on its unsolicited acquisition of Spirit Airlines Inc. (NYSE: SAVE ) as Spirit pushes ahead on a planned merger with Frontier Group Holdings Inc. (NASDAQ: ULCC ). What Happened: In a letter to the Spirit board of directors, JetBlue CEO Robin Hayes pledged a $350 million reverse break-up fee, or $3.20 per Spirit share, that would be “payable to Spirit in the unlikely event the transaction is not consummated for antitrust reasons.

105

105

Harvard Corporate Governance

JUNE 4, 2022

Posted by Kevin Schwartz and David Adlerstein, Wachtell, Lipton, Rosen & Katz, on Saturday, June 4, 2022 Editor's Note: Kevin Schwartz and David Adlerstein are Attorneys at Wachtell, Lipton, Rosen & Katz. This post is based on their Wachtell memorandum. While recent gyrations in cryptoasset markets have focused attention on the future contours of stablecoins, market-making, and impending regulation , another feature of the blockchain landscape is also confronting noteworthy challenges.

Marketability 249

Marketability Technology 249

Benchmark Report

JUNE 8, 2022

Benchmark International is delighted to announce the acquisition of Liverpool-based Notus by Warrington-based British Engineering Services. Notus is an engineering consultancy specialising in the delivery of heavy lift and transport consultancy services, lifting assurance, and the planning and execution of lifting operations. Services are delivered across the energy, rail, defence, and construction sectors throughout the UK and Europe.

Mergers & Acquisitions 98

Mergers & Acquisitions 98

Mckinsey and Company

JUNE 9, 2022

Black beauty consumers and brands face deep challenges when it comes to equity. Removing those barriers can lead to greater opportunity for everyone in the industry.

Equity 118

Equity 118

Benzinga

JUNE 9, 2022

Elon Musk has blown hot and cold with his intention to take social media platform Twitter, Inc. (NYSE: TWTR ) private. This has set in motion discussions regarding his intent and the sources of funding. Close on the heels of a Reuters report that said the fund-raising efforts are put on hold amid the uncertainty surrounding the deal, a Bloomberg report highlighted funding commitment from a financier, who is close to a Russian business tycoon.

98

98

Harvard Corporate Governance

JUNE 9, 2022

Posted by James Feinerman, Kelsey Harrison and Bruce Shaw (Georgetown), on Thursday, June 9, 2022 Editor's Note: James Feinerman is James and Catherine Denny Chair in Democratic Capitalism, Kelsey Harrison is Program Coordinator for the Denny Center for Democratic Capitalism, and Bruce Shaw is Executive Director of the Denny Center for Democratic Capitalism at Georgetown Law.

Market Capitalization 245

Market Capitalization Marketability 245

LaPorte

JUNE 9, 2022

(authored by RSM US LLP) The impact of global market forces like the war in Ukraine and OPEC far outweighs whatever influence retailers or refiners have on the prices that consumers pay…. The post Oil prices and price gouging: Deconstructing the price of gas first appeared on LaPorte.

Marketability 98

Marketability 98

Mckinsey and Company

JUNE 6, 2022

The age of assuming that innovation requires physical proximity is over. Innovators are embracing a new model.

145

145

Benzinga

JUNE 8, 2022

Spirit Airlines Inc. (NYSE: SAVE ) has abruptly postponed its Friday stockholder vote on its merger with Frontier Group Holdings (NASDAQ: ULCC ) after JetBlue Airways (NASDAQ: JBLU ) expanded its unsolicited offer to buy the carrier. What Happened: Spirit and Frontier announced merger plans in February in a deal valued at $6.6 billion; the combined entity would become the nation’s fifth-largest airline.

98

98

Harvard Corporate Governance

JUNE 7, 2022

Posted by Lynn M. LoPucki (UCLA Law School), on Tuesday, June 7, 2022 Editor's Note: Lynn M. LoPucki is Security Pacific Bank Distinguished Professor of Law at the UCLA Law School. This post is based on his recent paper , forthcoming in the UC Davis Law Review. On March 21, 2022, the SEC proposed a rule that would make corporate greenhouse gas (GHG) emissions reporting mandatory.

Banking 242

Banking 242

ThomsonReuters

JUNE 9, 2022

Lange v. Houston Cnty., 2022 WL 1812306 (M.D. Ga. 2022). Available at [link]. A self-insured health plan’s third-party administrator (TPA) informed the employer/plan sponsor in 2016 that it was removing exclusions for gender identity disorder and “sex change” surgery from the plans that it administered, in response to 2016 regulations issued under Affordable Care Act (ACA) Section 1557.

98

98

Mckinsey and Company

JUNE 10, 2022

From 2019 to 2021, venture capitalists plowed $35 billion into biotech companies with advanced platform technologies that could transform the industry.

Technology 121

Technology 121

Avanade

JUNE 10, 2022

Avanade and Accenture have returned from Hannover Messe 2022 after being an exec sponsor at the Microsoft Booth. This blog provides a reflection of some of the positive experience at the event.

98

98

Harvard Corporate Governance

JUNE 8, 2022

Posted by Stavros Gadinis (University of California at Berkeley) and Christophe Havasy (Harvard Law School), on Wednesday, June 8, 2022 Editor's Note: Stavros Gadinis is Professor of Law at the University of California at Berkeley School of Law and Christophe Havsay is a Ph.D Candidate at Harvard University. This post is based on their recent paper.

228

228

ThomsonReuters

JUNE 9, 2022

IRS Employee Plans News (June 3, 2022). Available at [link]. The IRS has announced a pre-examination compliance program for qualified retirement plans, including 401(k) plans. Under this pilot program, which begins this month, sponsors of plans that have been selected for an upcoming IRS examination will be notified by letter. The plan sponsor then will have 90 days to review its plan documents and operations for compliance with Code requirements and respond to the IRS.

Compliance 98

Compliance 98

Mckinsey and Company

JUNE 7, 2022

Resilience should be seen as the ability to deal with adversity, withstand shocks, and continuously adapt and accelerate as disruptions and crises arise over time.

116

116

Benzinga

JUNE 6, 2022

Janus International Group (NYSE: JBI ), a provider of custom building product solutions and access control technologies within the self-storage sector of the commercial real estate industry, is observing its first anniversary as a publicly-traded company since merging with blank-check company Clearlake Capital Group on June 7, 2021. Janus CEO Ramey Jackson spoke with Benzinga about the Temple, Georgia-based company’s progress since going public.

Capital Structure 98

Capital Structure Technology Marketability 98

Harvard Corporate Governance

JUNE 9, 2022

Posted by Peter Morrison, Virginia Milstead, and Raza Rasheed, Skadden, Arps, Slate, Meagher & Flom LLP, on Thursday, June 9, 2022 Editor's Note: Peter Morrison and Virginia Milstead are partners, and Raza Rasheed is an associate at Skadden, Arps, Slate, Meagher & Flom LLP. This post is based on their Skadden memorandum, and is part of the Delaware law series ; links to other posts in the series are available here.

227

227

Law 360 M&A

JUNE 6, 2022

Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.

98

98

Mckinsey and Company

JUNE 8, 2022

Saudi Arabia has already taken steps to digitize its healthcare system and fast-track improvements in patient experience, quality of care, and efficiency.

116

116