Fri.Oct 21, 2022

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Weekly Roundup: October 14-20, 2022

Harvard Corporate Governance

Posted by the Harvard Law School Forum on Corporate Governance, on Friday, October 21, 2022 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of October 14-20, 2022. There Is No “C” in “ESG”: An Illustration of ESG’s Biggest Risk. Posted by Douglas K. Chia, Soundboard Governance LLC, on Friday, October 14, 2022.

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Tech at the edge: Trends reshaping the future of IT and business

Mckinsey and Company

With technological change accelerating, companies need to make four fundamental shifts.

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A Graphical Look at U.S. Shareholder Proposals in 2022

Harvard Corporate Governance

Posted by Subodh Mishra, Institutional Shareholder Services, Inc., on Friday, October 21, 2022 Editor's Note: Subodh Mishra is Global Head of Communications at Institutional Shareholder Services, Inc. This post is based on an ISS Corporate Solutions publication by Trey Poore, Associate Director at ISS Corporate Solutions. Related research from the Program on Corporate Governance includes Social Responsibility Resolutions (discussed on the Forum here ) by Scott Hirst.

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The Titanium Economy: An introduction

Mckinsey and Company

Meet the US industrial-technology companies that are driving innovation and sustainable and inclusive growth.

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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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Is Your Board Effective?

Harvard Corporate Governance

Posted by Rich Fields and Rusty O'Kelley, Russell Reynolds Associates, on Friday, October 21, 2022 Editor's Note: Rich Fields leads the Board Effectiveness practice and Rusty O’Kelley co-leads the Board and CEO Advisory Partners in the Americas at Russell Reynolds Associates. This post is based on their Russell Reynolds memorandum. Is Your Board Effective?

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IRS releases required minimum distribution (RMD) guidance

LaPorte

(authored by RSM US LLP) Notice 2022-53 announced the IRS’s intent to publish final regulations addressing required minimum distributions (RMDs) from certain plans. The post IRS releases required minimum distribution (RMD) guidance first appeared on LaPorte.

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BHP chief pledges ‘disciplined’ M&A stance despite bulging war chest

Financial Times M&A

Mike Henry says world’s biggest mining group is looking at exploration and increased productivity to raise output

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Identifying opportunities and starting to build a new green business in the industrial sector

Mckinsey and Company

As climate change intensifies, industrial companies will need a new approach for developing sustainable products and services.

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Murdoch’s succession: who wins from move to reunite Fox and News Corp?

The Guardian M&A

Deal would seal legacy with favoured heirs but markets question whether companies should merge in the first place This week’s 200th anniversary soiree for the Sunday Times gathered the some of the biggest names in media at the headquarters of the British Academy of Film and Television Arts in London’s Piccadilly to celebrate one of the jewels of Rupert Murdoch’s empire.

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Vaca Muerta: An opportunity to respond to the global energy crisis

Mckinsey and Company

Unconventional resources can help increase the supply of affordable and reliable oil while reducing global greenhouse-gas intensity.

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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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Navient Collections Halted, Mallinckrodt Faces $1.6B Suit

Law 360 M&A

Navient Solutions is appealing a nationwide injunction barring it from collecting on certain student loans discharged through bankruptcy, Mallinckrodt creditors are suing for the return of $1.6 billion used to buyback shares pre-bankruptcy and liquidators for crypto hedge fund Three Arrows Capital want to serve subpoenas via Twitter. This is the week in bankruptcy.

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Disaster recovery: Lessons from around the world

Mckinsey and Company

Our analysis charts a path from disaster to recovery by identifying the building blocks of six successful recoveries from around the world.

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Meta Pushes For Docs Showing FTC Chair 'Bias'

Law 360 M&A

Meta pressed Thursday for Federal Trade Commission documents it hopes will demonstrate bias animating FTC Chair Lina Khan as the agency challenges its purchase of virtual reality app developer Within Unlimited Inc. in California federal court.

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Twitter Tries Calming Employees as Deal With Elon Musk Looms

NYT M&A

With Mr. Musk’s $44 billion deal to buy Twitter set to close no later than Oct. 28, the company is trying to reassure workers about their employment and compensation.

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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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Sibos 2022: Don’t forget about payments

Avanade

Hear about the latest payment trends coming out of Sibos: ISO 20022, CBDC and metaverse.

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Musk's Options Vanish As $44B Twitter Deal Deadline Looms

Law 360 M&A

Despite eleventh-hour reports that Elon Musk's $44 billion agreement to buy Twitter could be jeopardized by federal scrutiny of foreign influence and threats of post-transaction staff cuts, the Tesla CEO still has no clear exit, according to merger and corporate law experts.

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Rio Tinto seeks deals for growth

Financial Times M&A

New chair says baggage of past failures has led to missed M&A opportunities

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US holiday shopping 2022: ’Tis the season to be (cautiously) optimistic

Mckinsey and Company

Despite continued economic uncertainty, US shoppers are looking forward to spending for the holidays. Retailers that offer good value will come out on top.

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When Can Elon Musk Sell Tesla Shares? Could More Shares Be Unloaded To Finance Twitter Acquisition?

Benzinga

Electric vehicle giant Tesla Inc (NASDAQ: TSLA ) reported third-quarter financial results this week. With earnings in the rearview mirror, the stock could be under short-term pressure with a new trading window open for CEO Elon Musk. What Happened: A deal for Musk to acquire social media platform Twitter Inc (NYSE: TWTR ) is back on with a pending price of $44 billion.

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Author Talks: Global business is coming home, says Financial Times editor Rana Foroohar

Mckinsey and Company

The age of globalization is ending, to be replaced by an era of localized business that will keep operations more sustainable and linked to national interest, says financial journalist Rana Foroohar.

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Crexendo Scoops Allegiant Networks To Amplify Presence In Kansas & Missouri

Benzinga

Crexendo, Inc (NASDAQ: CXDO ) agreed to acquire Allegiant Networks, LLC, a regional telecom and data services company offering Unified Communication as a Service (UCaaS), Telecom Services, Managed Services, and Network Services from their headquarters in Overland Park, Kansas. Crexendo will acquire the membership interests of Allegiant in exchange for $2 million in cash and 2.46 million shares.

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Clifford Chance Adds M&A Pro From White & Case

Law 360 M&A

Clifford Chance LLP has hired a mergers and acquisitions expert as a partner in its London office from White & Case LLP as the U.K. targets continued attention from domestic investors.

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$25 Billion Kroger/Albertsons Deal Fuels Antitrust Concerns

Mogin Rubin M&A

Federal lawmakers troubled by The Kroger Co.’s impending acquisition of one of its chief competitors, The Albertson Cos., for $25 billion, will hold a hearing on the impact of the deal on the competitive landscape and consumers next month.

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Lexitas Acquires Vegas-Based Oasis Reporting Services

Law 360 M&A

Technology-enabled legal support services provider Lexitas made another acquisition this year, announcing Wednesday that it has bought Las Vegas-based court reporting agency, Oasis Reporting Services.

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Benjamin L. Lomo Receives CPA License

Auto Dealer Valuation Insights

Mercer Capital is pleased to announce that Benjamin L. Lomo has received his CPA license. Lomo, a Financial Analyst, is a graduate of Christian Brothers University where he received both a Master’s degree and a Bachelor of Administration degree in Accounting. Lomo joined Mercer in July 2022. He works primarily on engagements related to corporate planning and reorganizations, financial reporting.

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“Future of Payroll Survey” Says No Time Like the Present to Look Ahead for Keeping Up With Industry Trend

ThomsonReuters

Thomson Reuters Checkpoint ?talked with?Lisa Weckman, Sr. Director of Product Management at Ceridian, about her company’s global survey collaboration with national and global payroll associations that aims to chart what’s ahead for payroll professionals. . According to a recent global payroll survey, the “future of payroll starts today” for understanding the industry’s major challenges, which include global workforces, hybrid work, increased compliance concerns, and othe

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One Step Forward, Two Steps Back: RIA Stocks Finish the Quarter Down 10% after a Fast Start

Auto Dealer Valuation Insights

The RIA industry extended its losing streak last quarter with all classes underperforming the S&P, which also continued its decline. The market itself is part of the problem as this industry is mostly invested in stocks and bonds, which have been down considerably since the first of the year. The additional underperformance for asset and wealth managers is likely attributable to lower industry.

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Danish Enviro Biz Sells 50% In Wind, Solar Farms For $410M

Law 360 M&A

Danish green energy company Ørsted A/S said on Friday that it will sell half of its stake in four wind and solar farms in the U.S. for $410 million to an American group of investors led by private equity firm Energy Capital Partners.

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Can CD Projekt bounce back to anywhere near its all time highs?

Valutico

CD Projekt S.A. . Weekly Valuation – Valutico | 21 October 2022. Link to detailed valuation. About CD Projekt. CD Projekt is a polish distributor and publisher of computer games. After multiple delays, the last of which resulted in angry gamers making death threats to some of its employees, it finally published the massively hyped game Cyberpunk 2077 in late 2020.

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M&C Saatchi Sheds Doubt On Unsweetened Next 15 Offer

Law 360 M&A

M&C Saatchi on Friday said it is calling shareholder meetings on Oct. 31 to vote on the takeover bid by Next Fifteen Communications PLC, although its directors believe the approval is "highly unlikely" unless the bid is increased.

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Get on board and help drive transforming change!

Norman Marks

This week, I was privileged to attend and contribute to a great conference chaired by my good friend, Gene Kim. His organization is IT Revolution. The DevOps Enterprise Summit in Las Vegas finished today, but in the video library you can see some of the great presentations. I was only there for half a day, […].

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September-October Issue of Deal Lawyers Newsletter

John Jenkins

The September-October Issue of the Deal Lawyers newsletter was just posted and sent to the printer. This month’s issue includes the following articles – Maximizing Value for Stakeholders: Strategies for Uncertain Times – How to Navigate the Decision of Exercising Drag-Along Rights During an M&A Process – Should Companies Amend Their Bylaws for Universal Proxies?

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AMA: Alexander Curiger, co-founder of Curius

Vested

We love a startup that sets out to challenge the status quo. We talk to Alexander Curiger, co-founder of Curius, about breathing new life into the drinks business.

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Taxation With Representation: Gibson Dunn, Freshfields

Law 360 M&A

In this week's Taxation With Representation, Marriott International will acquire the City Express brand, BP will purchase Archaea Energy, and Continental Resources will go private.

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