Fri.Oct 14, 2022

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There Is No “C” in “ESG”: An Illustration of ESG’s Biggest Risk

Harvard Corporate Governance

Posted by Douglas K. Chia, Soundboard Governance LLC, on Friday, October 14, 2022 Editor's Note: Douglas K. Chia is Founder and President of Soundboard Governance LLC and a Fellow at the Rutgers Center for Corporate Law and Governance. This post is based on his Soundboard Governance 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

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The overlooked contributions and hidden challenges of Asian Americans

Mckinsey and Company

Asian Americans play a key role in creating a more sustainable and inclusive economy. A new report explores the challenges this group faces and how companies can better support them.

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Weekly Roundup: October 7-13, 2022

Harvard Corporate Governance

Posted by the Harvard Law School Forum on Corporate Governance, on Friday, October 14, 2022 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of October 7-13, 2022. DEI Initiatives under Attack by Activists. Posted by Michael Delikat, J. T. Ho and Hong Tran, Orrick, Herrington & Sutcliffe LLP, on Friday, October 7, 2022.

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Imara Agrees To Merge With Precision Oncology Player, Shares Surge

Benzinga

Enliven Therapeutics Inc and Imara Inc (NASDAQ: IMRA ) agreed to merge in an all-stock transaction. The combined company will focus on advancing Enliven's pipeline of precision oncology product candidates. Enliven is advancing two parallel lead product candidates: ELVN-001 for chronic myeloid leukemia. ELVN-002 for HER2 mutant lung cancer and other HER2-driven.

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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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Remarks by Commissioner Peirce before the University of California Irvine Audit Committee Summit

Harvard Corporate Governance

Posted by Hester M. Peirce, U.S. Securities and Exchange Commission, on Friday, October 14, 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 Commissioner Peirce and do not necessarily reflect those of the Securities and Exchange Commission or its staff.

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Pasithea' Largest Investor Group Says AlloMek Therapeutics Deal Ill-timed, Highly Dilutive

Benzinga

Investor group comprising Camac Partners LLC , Concord Investment Partners Ltd , and Leonite Capital LLC condemned Pasithea Therapeutics Corp's (NASDAQ: KTTA ) recently announced the acquisition of AlloMek Therapeutics LLC. The investors, collectively the largest stockholder of the company, said, "We are disgusted that less than two weeks after acknowledging stockholders' request to call a Special Meeting intended to decide the fate.

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NAR Appraisal Survey

Appraisers Blog

The results of the NAR appraisal survey show more than half of appraisers reported AMCs to be the greatest challenge in their business with 40% reporting not being compensated fairly. Only 3% of members witnessed or experienced discrimination in an appraisal… NAR Research conducted a survey of all 9,700 appraiser members and 50,000 randomly-selected non-appraiser members to determine the level of impact of appraisals on the current market and member business in terms of cost, turn-around times,

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Charting a path for Vietnam to achieve its net-zero goals

Mckinsey and Company

By harnessing opportunities across sectors—particularly in power—Vietnam could potentially accelerate decarbonization to achieve net-zero emissions by 2050.

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What the $24.6 Billion Kroger-Albertsons Merger Could Mean for Groceries

NYT M&A

Two of the largest U.S. supermarket chains hope to join forces as inflation pushes food prices higher and as Amazon and Walmart become more powerful.

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Hedge funds look to exploit M&A pick-up

Financial Times M&A

The relentless rise of the dollar has boosted the buying power of investors with funding in the US currency

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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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Fox and News Corp, After Years Apart, Explore Merger

NYT M&A

A union would represent an about-face for both companies, which told investors nearly a decade ago that they were better off apart.

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Author Talks: Dismantling double standards in business with CNBC’s Julia Boorstin

Mckinsey and Company

Julia Boorstin, creator of CNBC’s Disruptor 50 franchise, shares the lessons she’s learned on adaptability and decision making from some of the world’s top female CEOs.

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Bain and JIP consortiums emerge as frontrunners to buy Toshiba

Financial Times M&A

A deal for the 146-year-old conglomerate would be the biggest buyout in Japanese corporate history

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High Court Could Resolve Thorny Atty-Client Privilege Issue

Law 360 M&A

The U.S. Supreme Court recently granted review in a federal grand jury proceeding that presents a rare opportunity to clarify — and possibly significantly expand — the scope of the attorney-client privilege for complex mixed-purpose communications with counsel, says David Greenwald at Jenner & Block.

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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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Kroger agrees to buy Albertsons in $24.6bn grocery deal

Financial Times M&A

Antitrust hurdles are high on merger to create one of the biggest US supermarket chains

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Alex Jones' Billion-Dollar Penance, Puerto Rico Prunes Debt

Law 360 M&A

Conspiracy theorist Alex Jones' podcast company is headed toward Chapter 11 mediation after a $965 million defamation damages judgment, Puerto Rico takes another step in restructuring the island's public debt, and the U.S. Supreme Court remanded issues over an increase in trustee fees to the Second Circuit. This is the week in bankruptcy.

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Rupert Murdoch proposes merging Fox and News Corp

Financial Times M&A

Companies are evaluating a deal that would reconfigure the mogul’s media empire

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Don't Miss It: Latham, Kirkland Guide Week's Hot Deals

Law 360 M&A

A lot can happen in the world of mergers and acquisitions over the course of a week, and it's difficult to keep up with all the deals. Here, Law360 recaps the ones you may have missed, including transactions helmed by Latham & Watkins LLP and Kirkland & Ellis LLP.

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Will the supply–demand mismatch persist for automotive semiconductors?

Mckinsey and Company

Automotive OEMs can’t get enough chips for their vehicles. All signs point to a continued mismatch between supply and demand unless industry stakeholders act now.

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UK Litigation Roundup: Here's What You Missed In London

Law 360 M&A

The past week in London has seen Puma kick off in a running shoe trademark dispute against Brooks Sports, litigation funder Henderson & Jones file a professional negligence claim against law firm Freeths, and London’s ExCel center bring legal action against seven insurers. Here, Law360 looks at these and other new claims in the U.K.

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Decarbonization: The new frontier for investment and innovation

Mckinsey and Company

Tackling Asia’s net-zero agenda can create a disruptive and collaborative shift in investment and innovation.

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Kroger and Albertsons Announce Plan to Merge in $25 Billion Deal

NYT M&A

The deal, an effort to bulk up against deep-pocketed rivals Walmart and Amazon, is likely to invite serious antitrust scrutiny from regulators.

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Kroger/Albertsons: US grocer bags rival to take on Amazon and Walmart

Financial Times M&A

Private equity has minted fortunes in the sector

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RSM submits comment letter on section 163(j) business interest expense law

LaPorte

(authored by RSM US LLP) RSM submits comment letter on section 163(j) business interest expense law. The post RSM submits comment letter on section 163(j) business interest expense law first appeared on LaPorte.

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Asset Management Without a Net

Auto Dealer Valuation Insights

When the economic mood soured in 2008, I called an older friend to get his thoughts on the credit crisis and what it would mean. “Jerry” had spent his career running a large heavy truck distributor, and he had visceral experience in more than a few economic cycles. Jerry told me two things on that phone call that have stuck with me. “My manufacturer’s rep called last week and asked me ‘what would.

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Consumer sentiment rises despite worsening inflation expectations

LaPorte

(authored by RSM US LLP) Consumer sentiment rose for the fifth straight month to 59.8 in October but a worsening inflation outlook clouded the otherwise positive news. The post Consumer sentiment rises despite worsening inflation expectations first appeared on LaPorte.

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Ex-Barclays Litigation Head Joins M&A Startup As 1st CLO

Law 360 M&A

The former leader of Barclays PLC's litigation team and longtime in-house lawyer there has taken on the role of chief legal officer for Tidal Partners, the new mergers and acquisitions advisory boutique has announced.

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Income Tax Considerations for Student-Athletes

Machen McChesney

Student-athletes can now enter into name, image and likeness (NIL) contracts for compensation. NIL contracts have major federal and state tax implications, including income tax responsibilities, state nexus, and reporting obligations. How should athletes and their advisors navigate compensation issues related to NIL contracts so that there are no tax surprises?

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Kroger, Albertsons Finally Seal The Rumored Merger Deal: See Highlights

Benzinga

Putting all rumors at rest, Kroger Co (NYSE: KR ) and Albertsons Companies Inc (NYSE: ACI ) have agreed to merge to establish a national footprint. The combination will expand customer reach and improve proximity to deliver fresh and affordable food to approximately 85 million households with a premier omnichannel experience. Kroger will acquire Albertsons for $34.10 per share, implying.

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Pharma Cos. Imara And Enliven Therapeutics Agree To Merger

Law 360 M&A

Arix Bioscience PLC subsidiary Imara Inc. and Enliven Therapeutics Inc. said on Friday they have agreed to merge in an all-stock deal to create a pharmaceutical company valued at approximately $300 million, according to a London Stock Exchange announcement.

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Nutanix Weighs Strategic Options Following Takeover Proposal

Benzinga

Cloud-computing company Nutanix, Inc (NASDAQ: NTNX ) explored a sale after receiving takeover interest. Nutanix will likely target private equity and industry players, the Wall Street Journal reported. A buyer would likely have to pay a significant premium to Nutanix’s market value of nearly $5 billion amid the current market volatility and economic uncertainty.

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FCF Valuation Monitor – Q3 2022 published

Fox Corporate Finance

FCF Fox Corporate Finance GmbH is delighted to publish the new “FCF Valuation Monitor – Q3 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 – Q3 2022 published appeared first on FCF Fox Corporate Finance GmbH.

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Lincoln Electric Acquires Fori Automation For $427M

Benzinga

Lincoln Electric Holdings Inc (NASDAQ: LECO ) has signed a definitive agreement to acquire Fori Automation Inc. The definitive agreement provides for a cash purchase price of $427 million and is expected to be completed in the fourth-quarter of FY22. Fori Automation is a privately held automation engineering firm that serves automotive and aerospace OEMs.

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European VC life sciences funding continues to decline

Fox Corporate Finance

In 2022, the venture capital funding for life sciences in Europe continues to weaken, further widening the gap to 2021 (EUR 9.4bn vs. EUR 6.5bn). The cumulative financing volume in August 2022 falls by more. Read more. The post European VC life sciences funding continues to decline appeared first on FCF Fox Corporate Finance GmbH.