Wed.Mar 08, 2023

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HLS Forum Sets New Records in 2022

Harvard Corporate Governance

Posted by Leeor Ofer (Harvard Law School), on Wednesday, March 8, 2023 Editor's Note: Leeor Ofer is a co-Editor of the Forum and a Fellow at the Harvard Law School Program on Corporate Governance. The operations of the Harvard Law School Forum on Corporate Governance during 2022 set several new records. These records include: Attracting more than 140,000 unique readers a month; Publishing over 850 posts during the year; Having visitors to the Forum coming from 233 countries and territories durin

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M&A Deal Killers: Business Deal Breaker #2

Viking Mergers

The best way to ensure a smooth business sale is to anticipate potential business deal breakers or deal killers and address them before it is time to close the deal. Our 5-part M&A Deal Killers series digs into the top business deal breakers in business sales and how you can identify, prevent, and resolve them. Today’s focus is Deal Killer #2: Unresolved Issues.

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To Exculpate, or Not to Exculpate: Is It Even a Question?

Harvard Corporate Governance

Posted by Ethan Klingsberg, Pamela Marcogliese, and Elizabeth Bieber, Freshfields Bruckhaus Deringer LLP, on Wednesday, March 8, 2023 Editor's Note: Ethan Klingsberg and Pamela Marcogliese are Partners, and Elizabeth Bieber is Counsel at Freshfields Bruckhaus Deringer LLP. This post is based on a Freshfields memorandum by Mr. Klingsberg, Ms. Marcogliese, Ms.

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Generative AI: Unlocking the future of fashion

Mckinsey and Company

While still nascent, generative AI has the potential to help fashion businesses become more productive, get to market faster, and serve customers better. The time to explore the technology is now.

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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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Skymint Gets Sued, Cannabis Market In Michigan Affects Several Companies & More

Benzinga

Michigan cannabis operator Skymint is under the control of a receiver, according to Crain’s Detroit Business. A lawsuit filed at the Ingham County Circuit Court in Lansing alleges the company owes more than $127 million to Canadian investment firm Tropics LP, a subsidiary of Calgary-based Sundial Growers Inc. ’s (NASDAQ: SNDL ) investment firm SunStream Bancorp Inc , which announced in Nov 2022 that it closed a $6.25M senior secured term loan to SKYMINT Brands.

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Commodity Hedge Funds: The Most Lucrative “Hidden Gem” in Finance?

Brian DeChesare

If you want to work in the most cyclical role in the finance industry, it’s hard to beat commodity hedge funds. But a few related areas, such as commodity desks at banks, commodity trading advisors (CTAs), and physical commodity trading shops could put up a good fight for that “most cyclical” title. Many of the largest hedge funds put commodity trading within their global macro strategies , but plenty of smaller funds, banks, and desks make it a separate category or focus on commodit

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Vonco Acquires Genesis Plastics Welding, a Trusted Plastics Contract Manufacturer

Business Wire M&A

TREVOR, Wisc.--(BUSINESS WIRE)--Vonco Products LLC, an industry-leading risk-free plastic products and packaging manufacturer is excited to announce the acquisition of Genesis Plastics Welding, it’s third acquisition in as many years. Indiana-based Genesis Plastics Welding is an ISO 13485-certified:2016 thermoplastics contract manufacturer providing world-class medical device innovation and collaboration through radio frequency (RF) welding and heat-sealing.

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Speed Regardless of Accuracy Under the Banner of Modernization

Appraisers Blog

Appraisers, something – comparing and contrasting – dawned on me last week, after reading another news release titled “Dean Kelker: Appraisal Modernization is Starting to Gain Momentum“, which is basically pushing an “Enterprise” singular ‘agenda’ of valuation speed regardless of accuracy. Under the banner of “modernization.” VA does not demand appraisers complete assigned appraisal assignments extraordinarily quickly.

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Here's Why Warren Buffett Is Driving Shares Of Occidental Petroleum Higher Wednesday

Benzinga

Occidental Petroleum Corp (NYSE: OXY ) shares are trading higher Wednesday after Warren Buffett's Berkshire Hathaway Inc (NYSE: BRK-A ) (NYSE: BRK-B ) added to its already large position in the oil exploration and production company. What Happened: Over the last few trading sessions, Berkshire bought an. Full story available on Benzinga.

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ZeroNox, a Leader in Off-Highway Electrification of Commercial and Industrial Vehicles, to Become First Public Company of its Kind, Through Merger with The Growth for Good Acquisition Corporation

Business Wire M&A

PORTERVILLE, Calif. & NEW YORK--(BUSINESS WIRE)--Zero Nox Inc. (“ZeroNox” or the “Company”), a leading provider of sustainable, off-highway vehicle electrification, today announced that it will become the first publicly listed company of its kind through a transaction with The Growth for Good Acquisition Corporation (NASDAQ: GFGD) (“Growth for Good”), a publicly traded special purpose acquisition company.

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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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Building purpose-led businesses: An interview with Ingrid Johnson

Mckinsey and Company

For Ingrid Johnson, president of Sun Life Asia, helping clients achieve financial security starts with building businesses under a common purpose.

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The efficient and effective internal auditor

Norman Marks

The IIA has released for public comment a draft update of its Standards. I believe it is important for everybody who shares my desire to advance the internal audit profession and its practices to review and share feedback on the draft.

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The Challenges of Succeeding a Long-Tenured CEO

Reynolds Holding

Financial theory suggests that a firm with strong corporate governance (e.g., an effective board of directors), keeps a CEO exactly as long as is optimal for the firm. When the firm’s board and other corporate governance mechanisms are ineffective, however, a CEO can stay on longer than is optimal, to the detriment of shareholder value (Brochet et al., 2021).

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HNI Corporation to Acquire Kimball International

Business Wire M&A

MUSCATINE, Iowa & JASPER, Ind.--(BUSINESS WIRE)--HNI Corporation (NYSE: HNI) and Kimball International, Inc. (NASDAQ: KBAL) today announced that they have entered into a definitive agreement under which HNI will acquire all the outstanding shares of Kimball International in a cash and stock transaction valued at approximately $485 million. Under the terms of the agreement, Kimball International shareholders will receive $9.00 in cash and 0.

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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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Kirkland Leads Ares $375M Brand Management Firm Infusion

Law 360 M&A

Ares Management Corp. will invest $375 million into Kirkland-led brand management firm WHP Global, which owns brands including Express and Toys "R" Us, in a deal that values the company at $1.6 billion and is meant to bolster its next wave of acquisitions, according to a Wednesday announcement.

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Diversey to be Acquired by Solenis for $4.6 Billion

Business Wire M&A

WILMINGTON, Del. & FORT MILL, S.C.--(BUSINESS WIRE)--Solenis (“Solenis”) and Diversey Holdings, Ltd. (“Diversey” or the “Company”) (NASDAQ: DSEY) today announced they have entered into a definitive merger agreement under which Solenis will acquire Diversey in an all-cash transaction valued at an enterprise value of approximately $4.6 billion. Upon completion of the merger, Diversey will become a private company.

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Sony Tells UK Watchdog Microsoft's Activision Fix Falls Short

Law 360 M&A

Sony's digital entertainment arm told the U.K.'s Competition and Markets Authority that Microsoft's proposal to offer long-term contracts to rival gaming platforms to address concerns raised by its planned $68.7 billion takeover of Activision Blizzard falls short.

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ETC Group to Acquire Amadys

Business Wire M&A

EAUBONNE, France--(BUSINESS WIRE)--ETC Group (“ETC”), a leading global provider to the telecom network and technology infrastructure industry, announced today the acquisition of Amadys, a leading provider of end-to-end connectivity solutions in the Benelux, UK and DACH regions. The financial terms of the transaction are not disclosed.

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Ex-US Rep. Takes Stand, Denies Trading On Secret M&A Info

Law 360 M&A

Former U.S. Rep. Stephen Buyer took the witness stand on Wednesday to defend himself against insider trading charges alleging that he used knowledge gleaned from his post-public service lobbying career to trade ahead of upcoming mergers, saying his stock buys were based on legitimate research.

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Upcoming/New CFIUS Filing: GIC Real Estate, Inc.; Centerbridge Partners, L.P. and INDUS Realty Trust, Inc.

National Law Review M&A

International Trade Practice at Squire Patton Boggs Jurisdiction: All Federal Type of Law: Mergers & Acquisitions Financial Institutions & Banking Global

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Solenis To Buy Diversey In $4.6B PE-Backed, Go-Private Deal

Law 360 M&A

Delaware-based chemicals company Solenis has agreed to acquire Diversey Holdings Ltd. in a private equity-backed deal that carries a roughly $4.6 billion enterprise value and will take Diversey private, the companies announced Wednesday.

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Big trouble for two West Coast banks

Financial Times M&A

Plus, Yannick Bolloré steps into his power at Vivendi and The Restaurant Group resists activist pressure

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From bench to bedside: Transforming R&D labs through automation

Mckinsey and Company

Laboratory technology has been a steady runner in the world of pharmaceuticals, rather than a racing star—until now. A series of innovations points toward exponential gains in R&D productivity.

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Vivendi heir vows to prove business works as an integrated group

Financial Times M&A

Yannick Bolloré wants to show French media company is not just a ‘conglomerate of shareholdings’

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QC Capital Group Announces Expansion With New Literature, and Acquisitions

Benzinga

CHARLOTTE, NC, March 08, 2023 (GLOBE NEWSWIRE) -- QC Capital Group, a privately held commercial real estate firm, has released details about its multi-pronged company-wide expansion plans for 2023. The firm has released an educational booklet that addresses topics concerning multifamily investments; it is preparing to close on a new property in Houston, Texas; and is investigating additional assets in multiple states, including Florida, Georgia, North and South Carolina, Tennessee, and Texas.

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Trustpoint.One Acquires Language Company

Law 360 M&A

Legal solutions provider Trustpoint.One said Tuesday that it is acquiring translation and localization company inWhatLanguage in a deal that Trustpoint says aims to strengthen its position as a leading provider of legal and language solutions.

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Fair Market Value and the Nonexistent Marketability Discount for Controlling Interests

Chris Mercer

This post provides a discussion of several implications of the definition of the standard of value known as fair market value. We focus first on the definition of fair market value. Next we examine the hypothetical negotiations conducted by hypothetical buyers and sellers in fair market value determinations, and the implications of those negotiations.

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MyMD Joins LOT Network To Protect Company And Shareholders From Patent Trolls

Benzinga

MyMD Pharmaceuticals, Inc. (NASDAQ: MYMD ) has joined LOT Network , the international, non-profit community of companies working together to protect themselves against litigation brought on by patent assertion entities (PAEs, also known as “patent trolls”). MyMD’s joining the LOT (License on Transfer) Network’s community of 2,800+ companies is intended to enable MyMD to protect the interests of the company against patent assertion entities.

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Regulatory Brief for February 2023: Court cases, RESPA and Junk Fees

N Contracts

February may be a short month, but you wouldn’t know that looking at the regulatory news that came out. From proposed regulations to court cases, the Ncontracts team of regulatory experts had a busy month tracking and analyzing the news.

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Base Station Antenna Market Size Expected to Reach USD 23.98 Billion, With 16.5% CAGR by 2029

Benzinga

Pune, India, March 08, 2023 (GLOBE NEWSWIRE) -- The global base station antenna market size was USD 7.24 billion in 2021 and is projected to grow from USD 8.21 billion in 2022 to USD 23.98 billion by 2029, exhibiting a CAGR of 16.5% during the 2022-2029 period. Gradual rollout of 5G infrastructures around the world drives the market growth. Fortune Business Insights, provide this information in its report titled, "Base Station Antenna Market Forecast, 2023-2029.

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Benchmark International Successfully Facilitated the Transaction Between Back In Action Physiotherapy Limited and Sano Physiotherapy Ltd

Benchmark Report

Benchmark International is pleased to announce the acquisition of St Albans-based Back in Action UK by Leeds-based Sano Physiotherapy. Back in Action UK is an occupational physiotherapy company that was established in 2001. It provides assessment, treatment, and ergonomic consultancy to private sector corporates nationwide. Founded in 2010, Sano Physiotherapy, backed by Solingen Private Equity, provides specialised onsite occupational health physiotherapy services and ergonomic assessments to so

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Women's Health Devices Market Size Expected to Hit USD 62.61 Billion by 2028, exhibiting 8.4% CAGR

Benzinga

Pune, India, March 08, 2023 (GLOBE NEWSWIRE) -- The global Women's Health Devices Market size was valued at USD 34.23 billion in 2020. The market is projected to grow from USD 35.63 billion in 2021 to USD 62.61 billion in 2028, exhibiting a CAGR of 8.4% during the forecast period. This information is provided by Fortune Business Insights™ in its report titled, "Women's Health Devices Market, 2021-2028.

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BigLaw Vets Launch Remote-First Firm Focused On Small Biz

Law 360 M&A

A group of former BigLaw attorneys have started a remote-first, boutique firm focused on small to midsize business acquisitions, a part of the M&A market they say is in need as owners start to retire and look to hand over the reins to outside parties instead of family members.

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Spirometer Market Size Expected to Reach USD 789.0 Million by 2028, With 5.2% CAGR

Benzinga

Pune, India, March 08, 2023 (GLOBE NEWSWIRE) -- The global spirometer market size was USD 528.6 million in 2020 and is projected to grow from USD 554.5 million in 2021 to USD 789.0 million by 2028, exhibiting a CAGR of 5.2% during the 2021-2028 period. The rising cases of respiratory disorders will have an excellent effect on the spirometer market growth in the forthcoming years, states Fortune Business Insights, in a report, titled "Spirometer Market, 2021-2028.