Mon.Dec 04, 2023

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Taking Personhood Seriously in Corporate Law

Harvard Corporate Governance

Posted by Asaf Raz (University of Pennsylvania), on Monday, December 4, 2023 Editor's Note: Asaf Raz is a Research Fellow at the University of Pennsylvania Carey Law School. This post is based on his article , forthcoming in the Columbia Business Law Review , and is part of the Delaware law series. The evolution of corporate law is tied to developments, or often shocks, in the broader social and legal landscape.

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Brady Lausch Earns CPA Designation at Trout CPA

Trout CPA

At Trout CPA, we take immense pride in recognizing and celebrating the achievements of our dedicated team members. Today, we are thrilled to shine the spotlight on Brady Lausch, who recently earned his Certified Public Accountant (CPA) designation.

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2024 Benchmark Policy Guidelines – US

Harvard Corporate Governance

Posted by Brianna Castro, Aaron Wendt, Maria Vu, Glass, Lewis & Co., on Monday, December 4, 2023 Editor's Note: Courteney Keatinge is Senior Director of Environmental, Social & Governance Research at Glass, Lewis & Co. This post is based on her Glass Lewis memorandum. Guidelines Introduction Summary of Changes for 2024 Glass Lewis evaluates these guidelines on an ongoing basis and formally updates them on an annual basis.

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Business Valuation: Working Through the Process is a Two-Way Street

BV Specialists

When you decide your company needs to be valued for whatever reason, whether you are seeking additional working capital, taking on new investors, buying out a partner, retiring, or in the middle of a personal or professional dispute, you want the end result to be supportable and reasonable. It’s important to keep in mind that the appraiser you select knows little to nothing about your business until you begin to communicate and share information.

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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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An update on European consumer sentiment: Uncertainty lingers

Mckinsey and Company

Consumer confidence was mixed across the region as geopolitical concerns and price increases weighed on shoppers. Here’s the latest research from our ConsumerWise team.

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Mergers Like JetBlue’s Proposed Acquisition of Spirit Usually Turn Out to Be Bad

NYT M&A

Something to consider as JetBlue seeks to buy Spirit.

More Trending

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Comment on Are the Courts a Remedy for Nation’s Financial Truth-Tellers? by Amanda Rivera

Appraisers Blog

In reply to Michael F. Ford, AGA™. Thanks Mike, I still think there is no one protecting appraisers. I didn’t get a fine or an active suspension, but an inactive suspension and have to take a class. But no monetary fine other than having to pay for classes. I just don’t like how they can justify not having appraisal software. Or having to conform to USPAP.

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What does a chief transformation officer do?

Mckinsey and Company

A chief transformation officer is the high-level orchestrator of a business transformation.

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A radically different approach to audit reports

Norman Marks

I have been somewhat retired for a few years now. I have my speaking and training engagements, the occasional consulting project, some mentoring of individuals and organizations, and my writing. They keep me reasonably busy along with bridge and yoga.

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Need to boost semiconductor fab efficiency? Look to maintenance

Mckinsey and Company

Equipment recovery, planned maintenance, and parts management can increase semiconductor fabs’ equipment availability and efficiencies.

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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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Memorable Mungerisms

Auto Dealer Valuation Insights

Our colleague Brooks Hamner wrote a great post for sister blog RIA Valuation Insights last week, marking the passing of investing legend Charlie Munger. Brooks’ post unearthed some Mungerisms we had not heard before, and we think Mr. Munger’s wisdom is just as relevant inside the family boardroom as it is for professional investment managers.

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ImmunoGen, AbbVie's $10B Deal Comes At 'Right Time' Analyst Says In Downgrade Note

Benzinga

AbbVie Inc (NYSE: ABBV ) is acquiring ImmunoGen, Inc. (NASDAQ: IMGN ) for around $10 billion. The deal, which is expected to close in mid-2024, represents a “great price” for ImmunoGen, at $31.26 per share, according to Piper Sandler. The ImmunoGen Analyst : Joseph Catanzaro downgraded the rating for ImmunoGen from Overweight to Neutral, while raising the price target from $24 to $31.

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Judicially Expelled Member Pays Heavy Price For Abandoning LLC

Farrel Fritz

Last month, in Flor v Greenberg Farrow Architectural Inc. , a three-judge panel of the New Jersey Appellate Division handed down an opinion with important lessons for business owners and practitioners in states that have adopted the Revised Uniform LLC Act, such as New Jersey, as well as in states that haven’t, such as New York. The main lesson for those both in RULLCA and non-RULLCA states — one familiar to readers of this blog — is the danger of letting LLC formation and operation get ahead of

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Roche Joins Bandwagon To Challenge Novo Nordisk, Eli Lilly For Weight Loss Drugs

Benzinga

Roche Holding AG (OTC: RHHBY ) has agreed to acquire a privately held obesity company Carmot Therapeutics , seeking to challenge the dominance of weight-loss drugs from Novo Nordisk A/S (NYSE: NVO ) and Eli Lilly And Co (NYSE: LLY ). Carmot’s R&D portfolio includes clinical-stage subcutaneous and oral incretins to treat obesity in patients with and without diabetes and several preclinical programs, including: Injected subcutaneously once a week, CT-388 , the lead asset, is a Phase-2 re

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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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Benchmark International Successfully Facilitated The Transaction Between Lodging Source, LLC And Olifant Legacy

Benchmark Report

Benchmark International has successfully facilitated a transaction between Mount Pleasant, South Carolina-based Lodging Source, LLC, and Washington, DC-based Olifant Legacy.

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Why Alaska Air Shares Are Diving Today

Benzinga

Alaska Air Group Inc (NYSE: ALK ) shares are diving today by over 12% after the company penned an acquisition deal with Hawaiian Holdings Inc (NASDAQ: HA ) worth approximately $1.9 billion, including $0.9 billion of HA's net debt. The transaction value translates to $18.00 per share in cash, reflecting a transaction multiple of 0.7x, around one-third the average of recent airline transactions.

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Brookfield’s $13bn bid for Origin Energy fails on shareholder vote

Financial Times M&A

Australian investors fight off second major overseas takeover attempt of a local company in two months

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Zefiro Methane Corp. Subsidiary Acquires Appalachian Well Surveys, Inc.

Benzinga

BRADFORD, Pa. and FORT LAUDERDALE, Fla., Dec. 04, 2023 (GLOBE NEWSWIRE) -- ZEFIRO METHANE CORP. (the "Company", "Zefiro", or "ZEFI") , which works to reduce methane emissions by plugging orphaned oil and gas wells across the country, today announced that Plants & Goodwin ("P&G"), a leading Pennsylvania-based orphaned well plugging organization and a subsidiary of the Company, has acquired Appalachian Well Surveys, Inc.

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US airlines: Alaska-Hawaii regulators may have antitrust objections

Financial Times M&A

Collapse in would-be buyer’s share price suggests the market thinks this deal will stay grounded

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How to Find a Machinery and Equipment Appraiser

Peak Business Valuation

Finding a reliable machinery and equipment appraiser can be a daunting task. The accuracy of the equipment appraisal depends heavily on the experience of the equipment appraiser. To ensure that you choose the right equipment appraiser, it is essential to understand what qualifications and skills to consider. In this article, we will learn about the role of an equipment appraiser and how to find a machinery and equipment appraiser.

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Feds Say Ex-Lumentum Exec Should Serve Up To 6 Years

Law 360 M&A

Manhattan federal prosecutors want a prison sentence between 57 and 71 months for former Lumentum Holdings Inc. Chief Information Security Officer Amit Bhardwaj, who pled guilty in March to claims he passed inside information to a California software engineer who held a senior role at Adobe.

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Steven Rosenberg

M&A Leadership Council

Steven Rosenberg Senior Dir, Global M&A, WTW Steven Rosenberg is a Senior Director within WTW’s M&A Practice and based in New York. He advises global clients on inorganic strategy, mergers, acquisitions, divestitures and joint ventures, across all workstreams of the deal, pre and post transaction execution. Steven is a leader of our Metro NY M&A Roundtable and provides industry insights across the M&A landscape.

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Alaska-Hawaiian Airlines Merger Tests Biden Antitrust Stance

Law 360 M&A

Alaska Airlines and Hawaiian Airlines' proposal to create a strong regional rival to the nation's so-called Big Four carriers will be another test for the Biden administration's aggressive antitrust enforcers, but experts say it's unclear whether fewer overlapping routes and a promise to keep their distinct brands will smooth over regulatory hurdles.

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How the Rhythm System Does the Work for You and Accelerates People Performance

Rhythm Systems

Grundens’ Growth Dilemma As the leader of a growth firm, you have likely seen how a fast-growing company can outpace its people. Our client Grundens, a leader in commercial fishing gear, found themselves in this tough spot. A few years ago, while they were experiencing rapid growth, I checked in with their CEO to see how their people were doing.

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Kraft Heinz Fraudulently Won Insider Trade Suit, Investor Says

Law 360 M&A

An investor has hit Kraft-Heinz Co. with a fresh stockholder complaint in Delaware Chancery Court, claiming that the court wrongly tossed a prior action alleging similar $1.2 billion insider-trading claims based on fraudulent statements and incomplete evidence regarding Kraft Heinz's executives' purported financial ties to the majority stockholder accused of insider trading.

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FCF Biotech Venture Capital Monitor – USA 10/2023 published

Fox Corporate Finance

FCF Fox Corporate Finance GmbH is delighted to publish the new “FCF Biotech Venture Capital Monitor – USA 10/2023”. The Monitor is a monthly published overview of venture capital trends in the US-Biotech sector. As. Read more The post FCF Biotech Venture Capital Monitor – USA 10/2023 published appeared first on FCF Fox Corporate Finance GmbH.

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Caterpillar Pushes Again For Sanctions In Antitrust Suit

Law 360 M&A

Caterpillar is moving for sanctions in its long-running antitrust dispute with International Construction Products, telling a Delaware federal judge that the now-defunct equipment supplier, which is accusing Caterpillar of tortious interference and boycott claims, failed to preserve important documents as employees left and the company shuttered.

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Netflix hikes up prices after successful quarter

Valutico

Netflix Inc. Weekly Valuation – Valutico | December 01, 2023 Link to the valuation Inside Netflix Founded in 1997, Netflix, initially a DVD rental service, evolved into a streaming giant by 2007. With over 12,000 employees and 200 million subscribers worldwide, it has significantly influenced global entertainment consumption through its user-friendly platform, accessible on various devices.

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Disney Wants ESPN Streaming Bundles Suit Tossed For Good

Law 360 M&A

Disney urged a California federal judge to nix a proposed antitrust class action targeting live-streaming carriage agreements forbidding ESPN's exclusion from cheap bundling packages, arguing tweaks to the subscribers' suit can't save previously nixed damages claims and that the judge should've tossed the entirety of the suit.

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Legal eagles punt ‘trophy assets’

Financial Times M&A

M&A ‘quarterbacks’ help navigate rules in record-breaking deals

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Geothermal Co. Says Co-Founder's Dismissal Bid Hypocritical

Law 360 M&A

A geothermal energy startup said a co-founder can't credibly contend its Colorado federal lawsuit criticizing his work performance is too similar to claims in another case, writing in a brief that the co-founder made the opposite argument in his own lawsuit against the company.

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Roche to buy Carmot for up to $3.1bn as race for obesity drugs intensifies

Financial Times M&A

Swiss pharmaceutical group is under pressure to strengthen its pipeline of medicines

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Wachtell Steers $1 Billion Infusion Into NJ Consultancy

Law 360 M&A

Connecticut-based Jacobs Private Equity II LLC has joined forces with Sequoia Heritage and other investors to pour $1 billion into New Jersey firm SilverSun Technologies Inc., an investment led by Wachtell Lipton Rosen & Katz and Lucosky Brookman LLP.

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Barclay family regains ownership of Telegraph title during UK probe

Financial Times M&A

Independent board to oversee newspaper as prospective Abu Dhabi-backed bidder awaits outcome for takeover

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