Fri.Jul 15, 2022

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Weekly Roundup: July 8-14, 2022

Harvard Corporate Governance

Posted by the Harvard Law School Forum on Corporate Governance, on Friday, July 15, 2022 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of July 8-14, 2022. Combatting Racial Inequity: A Two-Year Retrospective. Posted by Adam Emmerich, David Silk, and Sabastian Niles, Wachtell, Lipton, Rosen & Katz, on Friday, July 8, 2022.

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UK company insolvencies rise 70% in past year

Accountancy Today

UK company insolvencies have jumped 70%, from 11,261 to 19,191 in the last year according to Mazars, the international audit, tax and advisory firm. Mazars said the figures come in the face of the highest interest rates in 13 years which have made businesses’ debts more expensive to service and has led to an even greater number of indebted businesses falling into insolvency.

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Statement by Chair Gensler on Proposed Amendments to Rule 14a-8

Harvard Corporate Governance

Posted by Gary Gensler, U.S. Securities and Exchange Commission, on Friday, July 15, 2022 Editor's Note: Gary Gensler is Chair of the U.S. Securities and Exchange Commission. This post is based on his recent public statement. The views expressed in the post are those of Chair Gensler, and do not necessarily reflect those of the Securities and Exchange Commission or the Staff.

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Hybrid working models can leverage talent and skills across industries

Mckinsey and Company

Digital technologies and advanced analytics are here to stay. Cognitive, digital, and self-leadership skills can help hybrid working models thrive in metals and mining and heavy industries.

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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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Statement by Commissioner Peirce on Proposed Amendments to Rule 14a-8

Harvard Corporate Governance

Posted by Hester M. Peirce, U.S. Securities and Exchange Commission, on Friday, July 15, 2022 Editor's Note: Hester M. Peirce is a Commissioner at the U.S. Securities and Exchange Commission. This post is based on her recent public statement. The views expressed in this post are those of Ms. Peirce and do not necessarily reflect those of the Securities and Exchange Commission or its staff.

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Judge In Twitter Lawsuit Has Previously Pushed Through M&A Deals: Could Elon Musk Be In Trouble?

Benzinga

Social media platform Twitter Inc (NYSE: TWTR ) and Elon Musk are headed to court over the $44-billion proposed buyout of the social media platform agreed to and then withdrawn from by the world's richest man. Here's why the judge assigned to the case could be bad news for Musk. What Happened: Kathaleen McCormick was named the judge to oversee Twitter’s lawsuit against Musk, which seeks to force the completion of the approved $44-billion buyout of the social media company.

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Ericsson's $6.2B Vonage Buyout Receives US Panel's Clearance

Benzinga

Telefonaktiebolaget LM Ericsson (NASDAQ: ERIC ) received clearance from the Committee on Foreign Investments in the U.S. to complete its acquisition of Vonage Holdings Corp (NASDAQ: VG ). This represents the final requisite approval to complete the deal. The parties now expect the Merger to close by July 21. Ericsson agreed to acquire Vonage Full story available on Benzinga.com.

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Musk, Twitter To Get 1st Delaware Chancery Face-Off Tuesday

Law 360 M&A

Attorneys for Twitter Inc. and tech mogul Elon Musk will face off in a preliminary skirmish Tuesday in Delaware Chancery Court over fast-tracking a suit to force Musk to honor his $44 billion agreement to buy the social media giant, despite his recent, alleged exercise of a right to terminate on July 8.

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Learning and earning: The bold moves that change careers

Mckinsey and Company

McKinsey’s report on human capital highlights the importance of internal mobility in organizations. Here’s how to encourage your employees to try more new things.

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Digital health transformation takes center stage at HIMSS Europe

Avanade

Digitalization is top of mind for health and life science leaders attending HIMSS22 European Health Conference and Exhibition.

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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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What is innovation?

Mckinsey and Company

Innovation—in a business context—is the systematic practice of developing and marketing breakthrough products and services for adoption by customers.

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Why Your M&A Strategy Needs A Marketing Strategy

Benchmark Report

Several elements play into a successful merger or acquisition, from finance to sales and from operations to HR. Leading up to a transaction, it’s not uncommon for business owners to focus more on these elements and not the area of marketing as an essential part of their M&A strategy. Marketing is an incredibly important part of ensuring the success of a deal and the integration of companies in the agreement.

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What is food insecurity?

Mckinsey and Company

The term “food insecurity” refers to the economic and social conditions that limit access to safe, nutritious food—and sufficient amounts of it. More than two billion people worldwide experience food insecurity.

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Elon Musk Responds to Twitter’s Lawsuit Over $44 Billion Deal

NYT M&A

Mr. Musk formally responded to Twitter’s attempt to force him to buy the company, arguing that there was no reason to hurry the case.

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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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What is diversity, equity, and inclusion?

Mckinsey and Company

It’s three values held by many organizations working to be mindful and supportive of different groups of individuals.

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Musk asks court to reject Twitter’s request for ‘warp speed’ trial

Financial Times M&A

Billionaire says he needs more time to prepare for courtroom showdown over his attempt to back out of $44bn deal

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What is the metaverse?

Mckinsey and Company

These emerging digital spaces use virtual reality, augmented reality, and other technologies to allow for lifelike experiences online.

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The rock star litigator who hopes to bring Elon Musk to heel

Financial Times M&A

Twitter has hired Wachtell’s Bill Savitt to try to save its $44bn deal with Tesla’s erratic founder

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Decarbonizing the aviation sector: Making net zero aviation possible

Mckinsey and Company

Although the aviation sector is a significant source of emissions, it could potentially achieve net zero by 2050.

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Your AI Program Probably Isn't A Person In A Court Of Law

Law 360 M&A

Artificial intelligence developers will likely continue to claim AI programs deserve legal rights, after a former Google engineer recently hired a lawyer for AI he worked on, but courts have traditionally been unreceptive to arguments that nonhumans have legal capacity, says Evan Louis Miller at McManis Faulkner.

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Five ways to increase your board’s long-term impact

Mckinsey and Company

Directors are spending more time on their work, yet few say their boards are better at creating long-term value. Survey data highlight the operating models that correlate most with value creation.

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Musk Fights Twitter's Bid To Expedite Trial Over $44B Deal

Law 360 M&A

Elon Musk blasted Twitter's bid to fast-track a suit that seeks to force the tech mogul to go through with his $44 billion agreement to buy the social media giant, saying in a Friday filing that the court should reject the "unjustifiable request to rush" the merger case to trial.

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What is economic growth?

Mckinsey and Company

Simply put, economic growth describes how much an entity, such as a country, is increasing and improving the goods and services it produces.

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Lessons for the Twitter board from a billionaire’s fight with Apollo

Financial Times M&A

Battle over Huntsman shows costs and gains of suing a suitor that walks away

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Why rising fuel prices might not be as bad for the airline sector as it seems

Mckinsey and Company

Fuel price hikes put the airline industry under strain—but may prompt airlines to limit overcapacity, leading to better returns and industry stability.

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Frontier Airlines’ Bid for Spirit Faces Opposition From Advisory Firm

NYT M&A

Institutional Shareholder Services said a rival offer from JetBlue was more valuable, despite concerns about regulatory hurdles.

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What is the Internet of Things?

Mckinsey and Company

It describes objects and a variety of technologies that connect the digital and physical worlds.

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Deja Vu #10: Valuation Theory is the Same for Businesses and Business Interests: V =f(CF, G, and R)

Chris Mercer

Business appraisers routinely use the discounted cash flow model to value entire businesses. While a growing number of appraisers use a discounted cash flow model to value illiquid minority interests of businesses ( 22% according to a recent Business Valuation Resources Survey ), the majority of appraisers continue to rely on restricted stock studies and pre-IPO studies in their marketability discount determinations.

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What is inflation?

Mckinsey and Company

Inflation is the gradual loss of purchasing power, reflected in a broad rise in prices for goods and services.

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FCF Valuation Monitor – Q2 2022 published

Fox Corporate Finance

FCF Fox Corporate Finance GmbH is delighted to publish the new “FCF Valuation Monitor – Q2 2022”. The FCF Valuation Monitor is a comprehensive valuation analysis for the German small / midcap market segment and. Read more. The post FCF Valuation Monitor – Q2 2022 published appeared first on FCF Fox Corporate Finance GmbH.

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What is cloud computing?

Mckinsey and Company

It’s the use of digital capabilities delivered via the internet for organizations to operate, innovate, and serve customers.

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Dallas Nursing Home Operator Seeks OK For $44M Ch. 11 Sale

Law 360 M&A

Nonprofit Dallas area nursing home operator Christian Care Centers Inc. Friday told a Texas bankruptcy judge that it will be asking her to approve the sale of its assets to the stalking horse bidder in its Chapter 11 sale for $44.2 million.

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What are Industry 4.0, the Fourth Industrial Revolution, and 4IR?

Mckinsey and Company

It's the next phase in manufacturing's digitization, driven by the rise of data, connectivity, and other tech trends.

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U.S. LNG Exports

Auto Dealer Valuation Insights

In Part 1 of our analysis on U.S. LNG Export Terminal Facilities, we examined trends in the number of LNG export facility applications and approval rates from 2010 through 2021 and examined the projected export capacity relative to the projected export volumes of U.S. LNG from 2022 through 2031. In Part 2 of our analysis, we take a closer look at the anticipated export capacity proposed to come.

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