Thu.Jul 14, 2022

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Twitter vs. Musk: The Complaint

Harvard Corporate Governance

Posted by Anna Restuccia (Harvard Law School), on Thursday, July 14, 2022 Editor's Note: This post provides the text of the complaint filed in on July 12, 2022 by Twitter in its widely-followed case against Elon Musk. This post is part of the Delaware law series ; links to other posts in the series are available here. IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE.

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Here are the Top 7 Benefits of Getting a Business Valuation

Chris Curtain

Why have a Profession Business Appraisal or Valuation? Know the Economic Value of Your Largest Asset A business appraisal or business valuation conveys the current economic value of a business by accounting for its team, assets, intellectual properties, earnings, growth, and losses. It is conducted for a variety of reasons, often occurring at the onset […].

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Statement by Commissioner Peirce on Adoption of Amendments to the Rules Governing Proxy Voting Advice

Harvard Corporate Governance

Posted by Hester M. Peirce, U.S. Securities and Exchange Commission, on Thursday, July 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 Ms. Peirce and do not necessarily reflect those of the Securities and Exchange Commission or its staff.

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Richard Stewart OAM appointed Chair of the IVSC Business Valuation Board

IVSC

Sydney-based PwC Partner, Richard Stewart OAM, has been appointed as the next Chair of the IVSC’s Business Valuation Board (BVB). Richard joined the Board as a member in March 2019 and takes over from Andreas Ohl who steps down after a seven-year contribution to the IVSC’s standard setting boards. Richard will also take over from Andreas as the BVB representative on the Standards Review Board which oversees the IVSC’s standards agenda.

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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 Chair Gensler on Adoption of Amendments to the Rules Governing Proxy Voting Advice

Harvard Corporate Governance

Posted by Gary Gensler, U.S. Securities and Exchange Commission, on Thursday, July 14, 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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Appraisers Should Closely Watch Probe of Departed Brookings Boss

Appraisers Blog

The chief of the Brookings Institution, a retired four-star general, resigned last month under investigation of lobbying on behalf of a foreign government and then covering it up. If the allegations are true, it means the think tank, under the general’s watch, was secretly taking illicit cash from at least one outside interest group at a time it was engaged in research that irreparably damaged the reputation of the nation’s real estate appraisers.

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Deutsche Telekom Divests 51% Stake In GD Towers To DigitalBridge & Brookfield

Benzinga

German telecommunications company, Deutsche Telekom AG (OTC: DTEGY ), revealed the sale of a 51% ownership stake in GD Towers , comprising its tower business in Germany and Austria, to a consortium of Canada's Brookfield Infrastructure Partners LP (NYSE: BIP ) and DigitalBridge Group, Full story available on Benzinga.com.

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Helping Small Business Owners Navigate the Current Inflationary Environment

Biz Equity

Inflation is a serious concern for business owners. Learn more about how (and why) your clients might be affected, and how to help them through our current inflationary environment.

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Is a Telehealth Benefit Subject to ERISA?

ThomsonReuters

QUESTION: We are considering offering a stand-alone telehealth benefit to our employees. Will this arrangement be an ERISA plan? ANSWER: Telehealth benefits (also referred to as telemedicine benefits) are often offered under an employer’s group health plan, which is governed by ERISA if sponsored by a private sector employer. Even if telehealth benefits are offered separately from the employer’s group health plan, the benefits are likely subject to ERISA.

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4 Reasons Why Twitter Has An Edge Over Elon Musk In Legal Spat Over Acquisition

Benzinga

The Twitter Inc. (NYSE: TWTR ) Vs. Elon Musk legal showdown has begun following the social media platform's filing a lawsuit in the Delaware court of Chancery. Twitter has a 60% chance of winning a court order to enforce the taking-private deal by Musk, according to Bloomberg Intelligence Litigation analyst Matthew Schettenhelm , who expects the court decision to come through in the fourth quarter.

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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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IRS Tax Tip Explains Key Aspects of Enhanced Business Meal Deduction for 2021 and 2022

ThomsonReuters

IRS Tax Tip 2022-91 (June 14, 2022). Available at [link]. The IRS has issued a tax tip explaining key aspects of the enhanced business meal deduction in effect for 2021 and 2022. As background, Code § 274(n) generally limits a business’s otherwise allowable deductions for food or beverage expenses to 50% of the expenses, subject to various exceptions.

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S.E.C. Broadens Inquiry Into Elon Musk’s Disclosures About Twitter

NYT M&A

The agency questioned whether a tweet Mr. Musk sent in May about the acquisition of Twitter should have been disclosed to the agency and investors.

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Court Denies Remedies for Mental Health Parity Violation

ThomsonReuters

M.S. v. Premera Blue Cross, 2022 WL 2208927 (D. Utah 2022). Available at [link]. A self-insured health plan denied coverage for a minor child’s residential mental health treatment, finding that the treatment was not medically necessary. The child’s family sued the plan, plan administrator, and claims administrator for (among other things) violating the Mental Health Parity and Addiction Equity Act (MHPAEA).

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Author Talks: Older, wiser, and not going anywhere

Mckinsey and Company

As people live longer and work longer, the market for where they spend their money continues to grow in size and variety.

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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 connects the stock market contraction to startup valuations?

Equidam

In an analysis of the market, Justin Kahl and David George of Andreessen Horowitz showcase data on how public companies have seen their revenue multiples shrink by an average of 60%, with large sector variability. They use this central data point to suggest how startups should navigate the downturn, with the primary objective of climbing back to their previous valuation.

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The beauty battleground: The sprint to win on services

Mckinsey and Company

Beauty companies looking to capitalize on fast-evolving trends should act on the growing convergence of brands that offer beauty products and brands that offer services.

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SEC scrutinises Musk tweet over $44bn Twitter takeover bid

Financial Times M&A

US securities regulator asks why Tesla chief did not notify investors before saying deal ‘cannot move forward’ over bots

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Back to School Sales Tax Holiday Weekend for 2022

Machen McChesney

This year the State of Alabama will be participating in the Back-to-School Sales Tax Holiday Weekend beginning at 12:01 a.m. Friday, July 15, 2022 , and ending at midnight Sunday, July 17, 2022. Alabama’s 17th annual sales tax holiday for school-related items allows shoppers to purchase certain school supplies, computers, books, and clothing free of the state’s four percent sales or use tax.

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US consumer spending and sentiment remains strong, so far

Mckinsey and Company

McKinsey’s Brian Gregg speaks with Dan Loney on consumer spending in a recent episode of the Wharton Business Daily Podcast.

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Are companies truly prepared for the future of work?

Avanade

Are companies really walking the talk when they proclaim the likes of ‘work from anywhere’ and ‘work flexibly’?

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4 Tips for New Appraisers

ISA

7/14/2022 12:00:00 AM. Taking the Core Course in Appraisal Studies can be overwhelming to new appraisers. It is like learning an entirely new language or learning the correct language for concepts absorbed through prior business practices. A significant amount of information is presented in a short amount of time, and sometimes it is difficult to take in all the nuances and apply them to your appraisal practice.

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Elon Musk Should Be Held to His Deal to Buy Twitter

NYT M&A

A deal of this magnitude can generate value for Twitter and create stability for future mergers.

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Tips For Handling Audio Data In E-Discovery Post-Pandemic

Law 360 M&A

The rise of remote meetings during the COVID-19 pandemic has boosted the volume and importance of audio data in e-discovery — so organizations in highly regulated industries must collect and process that data, and establish complex strategies to manage their audio records, says Jack Bullen at FTI Consulting.

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eXp World Holdings Completes Acquisition of Zoocasa Realty Inc.

Benzinga

BELLINGHAM, Wash., July 14, 2022 (GLOBE NEWSWIRE) -- eXp World Holdings, Inc. (NASDAQ: EXPI ), the holding company for eXp Realty ® , Virbela and SUCCESS ® Enterprises, today announced it has completed its acquisition of Zoocasa Realty Inc. and its key property, Zoocasa.com. The deal will expand eXp Realty's online lead generation, home search and listings portal capabilities for its agents and brokers as well as for home buying and selling consumers across North America.

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SEC Pushed Musk Over Unlabeled Tweets On Twitter Deal

Law 360 M&A

The U.S. Securities and Exchange Commission privately pressed tech billionaire Elon Musk last month to clarify his position on his proposed $44 billion acquisition of Twitter Inc., after a May 17 tweet declared the deal "cannot move forward" without more information weeks before Musk publicly said it was dead.

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5 Areas Risk Management Tools Must Support During a Recession

N Contracts

From rising inflation, rate hikes, and a slowdown in growth across U.S. financial institutions, all signs are pointing to a looming economic downturn.

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Illinois Cases To Watch In 2nd Half Of 2022

Law 360 M&A

Justices on the Illinois Supreme Court could offer clarity in the coming months on two key interpretations of the state's landmark biometric privacy law. Here, Law360 breaks down those and other cases Illinois attorneys should be watching in the second half of the year.

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Crypto bankruptcies: pressure builds on US courts to investigate circumstances of blow-ups

Financial Times M&A

All sorts of interesting questions now arise from failures of lenders

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The Woeful State of Enterprise Risk Management

Norman Marks

My thanks go to Professors Mark Beasley and Bruce Branson of North Carolina State University’s Poole College of Management (the Enterprise Risk Management Initiative). They recently published 2022 The State of Risk Oversight: An Overview of Enterprise Risk Management Practices – 13th Edition. I believe this is their best edition and thank them for the […].

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The Wall Street fee parade grinds to a halt

Financial Times M&A

Plus, Celsius files for bankruptcy and venture firms in China see red

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Addressing Emerging Risk With Agile Auditing

Audit Board

Trying to keep up with emerging risks can be exhausting. In my current role as a Senior Risk Manager in an IT SOX assurance team at Verizon, I am always concerned about staying ahead of emerging risks so we can address anything critical before it becomes a problem. . In just the past 90 days, my team, like so many others, has had to consider the organizational impact of emerging risks related to fuel shortages, food shortages, geopolitical unrest, legislation changes, pandemics, mass shootings,

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Twitter’s down. Checkmate, Musk

Financial Times M&A

A timely global outage for the no-longer-$44bn valued blue bird

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FisherBroyles Welcomes Cross-Border M&A Partner In NY

Law 360 M&A

Fully virtual law firm FisherBroyles LLP has added a New York-based corporate partner with a focus on mergers and acquisitions and corporate governance, particularly cross-border work.

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Contributing to an Australian Super?

Henry Horne

The Australian superannuation, commonly known as the Australian Super is a type of mandatory savings for retirement. The Australian government sets a minimum percentage that should be paid by employees into their super out of their income, and also requires that employers contribute to the super accounts of their employees. Australians can invest the funds … Keep Reading.

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