Wed.Oct 26, 2022

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Shareholders’ Rights & Shareholder Activism Trends and Developments

Harvard Corporate Governance

Posted by Eleazer Klein, Michael Swartz, Adriana Schwartz, Schulte Roth & Zabel LLP, on Wednesday, October 26, 2022 Editor's Note: Eleazer Klein , Michael Swartz , and Adriana Schwartz are Partners at Roth & Zabel LLP. This post is based on a piece by Mr. Klein, Mr. Swartz, Ms. Schwartz, and Brandon Gold. Trends and Developments. Shareholders’ Rights and Shareholder Activism in the USA.

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Europe’s fintech opportunity

Mckinsey and Company

Fintech has moved from the fringes of European finance to its core, but performance varies widely. If all countries could match the best in region, the economic benefits would be considerable.

Finance 132
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Perspectives on the Current Activism Landscape

Harvard Corporate Governance

Posted by Kai H.E. Liekefett, Derek Zaba, Leonard Wood, Sidley Austin LLP, on Wednesday, October 26, 2022 Editor's Note: Kai H. E. Liekefett and Derek Zaba are Partners, and Leonard Wood is a Senior Managing Associate at Sidley Austin LLP. Related research from the Program on Corporate Governance includes The Long-Term Effects of Hedge Fund Activism (discussed on the Forum here ) by Lucian A.

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Quiet quitting and performance management

Mckinsey and Company

Churn is up. Engagement is down. And year-end reviews are here. Are you worried that giving feedback will make workers feel worse?

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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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Making It Plain: SSGA Asset Stewardship Approach

Harvard Corporate Governance

Posted by Benjamin Colton, Michael Younis, State Street Global Advisors, on Wednesday, October 26, 2022 Editor's Note: Benjamin Colton is Global Head of Asset Stewardship, and Michael Younis is Vice Presidents in Asset Stewardship at State Street Global Advisors. This post is based on their SSgA memorandum. At State Street Global Advisors, we use a risk-based approach to identifying issues that we believe have the most material impact on the long-term value of our clients’ assets.

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Union Bank Wins $18M From Axos In Ch. 7 Poaching Trial

Law 360 M&A

Axos Bank must pay $18.3 million for using a bankruptcy software deal to pilfer MUFG Union Bank's lucrative Chapter 7 trustee deposit business, a Manhattan jury ruled Wednesday.

Banking 98

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A Guide to Building a Successful Board

LaPorte

A nonprofit organization’s board plays a big part in the success or failure of the organization and is responsible for its fiduciary wellbeing. Finding the… The post A Guide to Building a Successful Board first appeared on LaPorte.

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Elon Musk Denies Plan To Cut 75% Jobs During Twitter Staff Meet: Report

Benzinga

Tesla Inc (NASDAQ: TSLA ) CEO Elon Musk reportedly doesn’t plan to cut Twitter Inc (NYSE: TWTR ) staff by 75% after he takes over the social media company. Musk told employees about his plans during a visit to Twitter’s San Francisco headquarters on Wednesday, reported Bloomberg, citing people familiar with the matter. He spent the afternoon meeting employees and many questions were reportedly put to him, including from a Washington Post report that he plans to lay off 75% of the sta

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Questions to Ask a CEO about Strategy

Rhythm Systems

When you work with so many CEOs, you get to see how they approach problems. They may not always tell you everything, but they will share insights that help you make smarter decisions. In this post, I will share five questions every CEO should answer before making any big strategic moves. These questions will help you understand why they made certain choices and what kind of impact they expect these changes to have on your company.

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What To Consider When Leaving BigLaw To Go Solo

Law 360 M&A

Attorneys contemplating leaving their once-ideal job in BigLaw to start their own business should take certain concrete steps before they depart, such as saving money and drafting a business plan, and prepare for some common challenges, says Claudia Springer at Novo Advisors.

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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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This Is How It's Done: Why Is Canopy's US Consolidation Plan Blueprint For Other Canadian Cannabis LPs

Benzinga

Canadian cannabis giant Canopy Growth Corporation (NASDAQ: CGC ) (TSX:WEED) announced its intention to consolidate in the US via a new holding company dubbed Canopy USA, LLC on Tuesday. The move, which will streamline the company's entry into the US market, would allow it to acquire Acreage Holdings , Inc (OTC: ACRDF ) (70%), Wana Brands ( 1 00%) and Jetty (100%) and position itself for legalization of marijuana on the federal level.

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What workers want is changing. That could be good for government

Mckinsey and Company

The public-sector talent gap directly impacts public welfare. Attracting and retaining workers is a top priority for senior leaders across government. Here’s how they could reenergize hiring now.

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Elon Musk Visits Twitter as $44 Billion Deal Nears Completion

NYT M&A

The world’s richest man arrived at Twitter’s San Francisco offices on Wednesday ahead of a Friday deadline to complete the acquisition of the social media service.

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Lender Liability for a Negligent Appraisal?

Appraisers Blog

Does a mortgage lender have liability to the borrower for a negligent appraisal? As residential property prices plateau or decline in various markets and as borrowers have financial problems with fewer financing options, there are more legal claims being filed by borrowers against appraisers and lenders in relation to appraisals for loans made in recent years.

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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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Elon Musk Seems to Answer to No One. Except for a Judge in Delaware.

NYT M&A

Kathaleen St. J. McCormick, the chief judge of Delaware’s Chancery Court, gave Mr. Musk until Friday to acquire Twitter. She is also the judge in at least one other case involving the billionaire.

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The Titanium Economy: How to overcome the challenge of filling high-quality jobs

Mckinsey and Company

Thriving industrial technology companies use apprenticeships, upskilling, and upward mobility to staff and retain their workforces.

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The 3-Statement Model: Full Tutorial for a Timed 90-Minute Modeling Test

Brian DeChesare

A long time ago, we received one complaint/criticism more than any other: “All your models start from templates ! What about case studies where I have to start from a blank Excel sheet and do not get any data, formatting, or schedules?”. We did this mostly to save time : entering the historical information and setting up the formatting, layout, etc., usually takes at least 30 minutes and sometimes up to several hours.

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Germany allows Chinese shipping group a stake in its biggest seaport

Financial Times M&A

Green light for Cosco in Hamburg divides lawmakers and draws criticism from Brussels

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Getting to net-zero in Asia: No returns on a dead planet

Mckinsey and Company

Steve Howard, chief sustainability officer of Temasek, shares why stakeholders urgently need to go all in with a net-zero transition plan.

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Build and Mature Your ESG Programs: Top Six ESG Reporting Challenges

Audit Board

ESG reporting is both complex and challenging, and many companies struggle to find the resources and support to get programs on a course to sustainability and maturity. . Audit, risk, compliance, and sustainability professionals have a pivotal role to play in helping organizations to navigate the challenges of ESG reporting: What processes, tools, and investments are needed to identify, gather, validate, and audit ESG data metrics?

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Looking back: Meet the new P/E normal, same as the old P/E normal

Mckinsey and Company

Weighted average and median P/E ratios rarely diverge significantly—and when they do, the gap soon closes.

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Reasons You Should Buy a Business Today

Hallmark Brokers

Many people dream of starting up and owning a business. However, it can be extremely difficult to do so in the current financial climate. Hallmark Business Brokers has a solution – purchase an already-established business! We’re here to guide you through the process and explain exactly why this is the right move for you. One. Read more. The post Reasons You Should Buy a Business Today appeared first on Hallmark Brokers.

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Update your business information with the IRS

Henry Horne

Many businesses move to a new physical location or change their mailing address each year. If your business was one, the IRS wants you to file Form 8822-B to update your business information. You mail the form to the address on the bottom of the form. The form is available on the IRS website at … Keep Reading. The post Update your business information with the IRS appeared first on Henry+Horne.

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Hidden Business Costs You Need to Know About

Financial Analyst Insider

No matter how ready you think you are, there are always hidden costs associated with running a business. From buying inventory to putting down a. The post Hidden Business Costs You Need to Know About appeared first on Financial Analyst Insider.

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Talkspace, Investors Spar Over SPAC Suit Dismissal Bid

Law 360 M&A

Mental and behavioral health business Talkspace has asked a federal judge in New York to toss a consolidated class action alleging it misled investors about its ballooning costs leading up to a merger with a blank-check company, while the plaintiff investors have urged the court to let the claims stand.

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Startups: don’t let bottlenecks hold you back

Vested

Bottlenecks: if you’re in the startup world, you’ve probably heard a lot about them. You may have been warned that bottlenecks are one of the biggest threats to a new business and that thought may leave you feeling pretty intimidated. With the implication that many startups ultimately fail because of bottlenecks, you may find yourself wondering if there’s any point in trying.

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Telecom Shareholders Say Sanctions Award Is Unfair

Law 360 M&A

The majority shareholders of a Latin American telecommunications tower operator have asked a New York federal judge to vacate an arbitral award forcing them to pay about $500,000 in costs as sanctions for ignoring an earlier award requiring them to rehire the company's chief operating officer.

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Elon Musk visits Twitter headquarters ahead of deal deadline

Financial Times M&A

Tesla chief plans to address social media company’s staffers on Friday with $44bn transaction set to close

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Private Equity Biz To Sell American Unit Of FirstGroup

Law 360 M&A

Transport company FirstGroup PLC said on Wednesday that funds related to private equity firm EQT have sold its American transportation subsidiary First Transit for an undisclosed amount, generating $85 million of proceeds for the transport group.

Equity 52
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How to Help Your Intermediary in a Business Sale

Midstreet Blog

So, you’re about to sign a listing agreement with an M&A advisor or business broker. Maybe you're still in the process of choosing a broker to work with.

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Paul Weiss Discusses DOJ’s First Terrorism Material-Support Charge Against a Corporation

Reynolds Holding

On October 18, 2022, Deputy Attorney General (“DAG”) Lisa O. Monaco announced that Lafarge SA (“Lafarge”), a multi-national building materials manufacturer headquartered in Paris, France, and its Syrian subsidiary Lafarge Cement Syria (“LCS”) had pleaded guilty in the Eastern District of New York to conspiring to provide material support to foreign terrorist organizations, the Islamic State of Iraq and al-Sham (ISIS) and the al-Nusrah Front (ANF), in violation of 18 U.S.C. §2339B. [1] This cas

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Pimco and Apollo near deal for Credit Suisse’s securitised products unit

Financial Times M&A

Discussions come as Swiss bank prepares to downsize its US operations

Banking 75
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Does Firm Strategy Explain the Growing Gap between CEO and VP Pay?

Reynolds Holding

In recent years, the gap between the compensation of CEOs and their vice presidents (VPs) has been increasing, especially equity compensation (i.e., stock and stock options). Scholars have proposed several explanations. First, the pay differential may relate to the varying risks those executives face in managing their firm. Second, it may be the result of tournament incentives: The senior executive with the highest relative output will typically win the tournament, get promoted to the rank of CE

Equity 45
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A Blackstone copycat emerges at General Atlantic

Financial Times M&A

Plus, the $168mn motivating Peloton’s new chief and investors try not to get too excited about Mobileye’s successful listing

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