Fri.May 27, 2022

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Statement by Chair Gensler on Proposed Updates to Names Rule

Harvard Corporate Governance

Posted by Gary Gensler, U.S. Securities and Exchange Commission, on Friday, May 27, 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 this 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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Transformation and ‘the more things change’: A conversation with Seth Goldstrom

Mckinsey and Company

The definition of transformation has evolved over the years. McKinsey senior partner Seth Goldstrom discusses that evolution and some of the core elements that remain essential to transformation success.

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Weekly Roundup: May 20-26, 2022

Harvard Corporate Governance

Posted by the Harvard Law School Forum on Corporate Governance, on Friday, May 27, 2022 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of May 20-26, 2022. SEC Files Fraud Complaint over False Safety Claims. Posted by Jason Halper, Mark Beardsworth, and Duncan Grieve, Cadwalader, Wickersham & Taft LLP, on Friday, May 20, 2022.

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Strategic Planning Tips: 17 Expert Tips for Planning

Rhythm Systems

So, you had a great planning session with your team. Everybody left the 3-day session pumped up and ready to hit your targets for the year and move the company one step closer to achieving your Big Hairy Audacious Goal (BHAG) and other long term strategic goals. You've done the strategy work extremely well? What could possibly go wrong? Unfortunately, even with everyone’s good intentions, running the day-to-day business can get in the way of making progress on your annual and quarterly rocks if

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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 Commissioner Peirce on Proposed Updates to Names Rule

Harvard Corporate Governance

Posted by Hester M. Peirce, U.S. Securities and Exchange Commission, on Friday, May 27, 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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Antitrust Enforcers' Fourth and Final "Listening Forum" On Merger Reform Highlights Issues In Technology

National Law Review M&A

Arindam Kar Jurisdiction: All Federal Type of Law: Antitrust & Trade Regulation Communications, Media & Internet Mergers & Acquisitions Administrative & Regulatory

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Managing supply chain issues and mitigating risk

ThomsonReuters

Over the past two years, global supply chain issues have moved from a back-office corporate headache to front-page news, as shortages from new cars to groceries, semiconductors, and petrol effect lives around the world. First, there was the trade war with China, then global demand for goods crashed during the pandemic, only to return faster than expected supply, which created a cascade of logistical challenges involving cargo, shipping, factory operation, and personnel.

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Creating digital makers through digital intelligence

Avanade

A call to action to cultivate digital intelligence to transform individuals from digital takers to digital makers in our current society.

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Let’s talk about forced labor, and other global regulatory changes affecting supply chain compliance

ThomsonReuters

Businesses participating in import and export trading may find themselves swirling in a storm of global regulatory changes. For those with small supply chains, keeping up with the changes may be nothing more than a manageable headache. But for those operating in a complex network of manufacturers, logistics partners, distributors, raw goods suppliers, and sales channels, remaining compliant carries tremendous burden and risk.

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First Middle East Spac lists in Abu Dhabi

Financial Times M&A

Number of businesses in region are considering blank-cheque company option despite it falling out of fashion elsewhere

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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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SEC Probing Musk's Disclosure Of Twitter Stock Purchases

Law 360 M&A

The U.S. Securities and Exchange Commission is probing Elon Musk's tardy disclosure regarding his acquisition of Twitter Inc. shares that had set the stage for his eventual proposal to buy the company, according to a letter recently made public.

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Whirlwind talks led to Broadcom’s $69.1bn capture of VMware

Financial Times M&A

Hock Tan and Michael Dell agreed industry-defining deal, codenamed ‘Project Atlas,’ within two weeks

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Private Capital Better Than Public for the RIA Community?

Auto Dealer Valuation Insights

Last month I received an abrupt reminder of the roots of my career when the latest iteration of Shannon Pratt’s “ Valuing a Business” landed on my desk. At 1200 pages and weighing in at more than eight pounds, the current installment is the sixth edition of what has been the go-to resource for the business valuation community since Dr.

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I need your help with the IIA’s SOX Methodology for ITGC scoping

Norman Marks

Some years ago, the IIA developed a methodology that helps people use the top-down and risk-based methodology required by the regulators (required by the PCAOB for the audit firms and recommended by the SEC for companies) when it comes to determining which IT General Controls (ITGC) to include for SOX. The GAI Methodology (download it […].

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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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Consider revisiting the Texas franchise tax during inflation

LaPorte

(authored by RSM US LLP) With the highest inflation rate in decades, and without a foreseeable end, businesses should re-examine the franchise tax calculation. The post Consider revisiting the Texas franchise tax during inflation first appeared on LaPorte.

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Themes from Q1 Earnings Calls

Auto Dealer Valuation Insights

In a prior post — Themes from Q4 2021 Earnings Calls, Part 3: OFS — we noted common themes from OFS companies’ Q4 earnings calls, including macro headwinds, industry consolidation through M&A activity, and ESG activity. In Themes from Q1 2022 Earnings Calls, Part 1: Upstream, we explored key topics among the upstream segment of the oil & gas industry through the earnings calls of E& Source.

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Why is Board Room Software Important for Business Development?

Financial Analyst Insider

The virtual boardroom is special software that helps effectively manage the board of directors. With its help, you can improve the workflow at all stages: The post Why is Board Room Software Important for Business Development? appeared first on Financial Analyst Insider.

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Pareteum Says It Faces Six-Week Deadline For Ch. 11 Sale

Law 360 M&A

A New York bankruptcy judge struck a compromise Friday, delaying for the weekend a decision on sale plans for telecom software maker Pareteum Corp., as creditors questioned the short sale timeline but the debtor argued it only has six weeks before it loses its officers.

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Specialty Finance Acquisitions

Auto Dealer Valuation Insights

In 2021, there were 21 deals announced with a U.S. bank or thrift buyer and a specialty lender target. This represents a significant uptick from the prior two years and the highest level since 2017. Deals in 2021 were largely driven by a desire to deploy excess liquidity and grow loans. Other drivers of deal activity include efforts to find a niche in the face of competition or diversify revenue.

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Ex-Hogan Lovells Transactions Atty Joins Reed Smith

Law 360 M&A

Reed Smith LLP has added a career Hogan Lovells attorney, who worked as a partner in the firm's transactional practice, and he will join Reed Smith's practice in Miami, the firm announced Wednesday.

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2022 Fintech Industry Report

Benchmark Report

The global fintech market was valued at $6.5 trillion in 2021 and is estimated to grow at a compound annual growth rate (CAGR) of 13.9% between 2022 and 2028 to reach $16.65 trillion.

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McGuireWoods Adds Ex-Benesch Deals Pro In Chicago

Law 360 M&A

McGuireWoods LLP has picked up a corporate deals attorney well versed in advising on transactions across industries to its ranks, strengthening the firm's global private equity team in Chicago.

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New, ESG-oriented strategy: Philip Morris International

Valutico

Philip Morris International Inc. Weekly Valuation: Philip Morris International Inc – Valutico | 27 May 2022. Full valuation: click here. Summary. Philip Morris is internationally known primarily for its “Marlboro” brand. Due to the worldwide decline in cigarette consumption and the critical view of the health authorities on the market, the US company has been trying for years to increase the share of so-called smoke-free products.

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DOJ Pressure Caves $360M Deal For Wall Panel Maker

Law 360 M&A

Crane Co. has abandoned a plan to unload its engineered materials business in a $360 million deal with construction supply manufacturer Grupo Verzatec ahead of a broader restructuring about two months after the U.S. Department of Justice sued to block the transaction.

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Where do material errors occur in the financial statements?

Norman Marks

Every so often, the firm of Audit Analytics shares a report with information of interest. Their latest is 2021 Financial Restatements: A Twenty-One-Year Review. They introduce it: In this report, we cover twenty-one years of trends in financial restatements – including a closer look at the effect of SPACs on recent trends in financial restatements. […].

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McDermott Adds NY, Atlanta Transactions Group Attorneys

Law 360 M&A

Three partners have joined McDermott Will & Emery LLP's transactions group in both Atlanta and New York and will assist the firm in fund formation, global mergers and acquisitions and other corporate governance work, the firm recently announced.

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Elon Musk & Twitter: “Forget It, Jake. It’s Chinatown”?

John Jenkins

The 1974 classic “Chinatown” contains one of the most memorably bleak closing scenes in film history.

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Don't Miss It: Cleary, Debevoise Guide Week's Hot Deals

Law 360 M&A

With so much mergers and acquisitions news this week, you may have missed several deals announced in the last several days helmed by firms such as Cleary Gottlieb Steen & Hamilton LLP and Debevoise & Plimpton LLP. Here, Law360 recaps the ones you may have missed.

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Officer Liability: M&A Board Minutes Put CLO in the Cross Hairs

John Jenkins

Yesterday, in Goldstein v. Denner, (Del. Ch.; 5/22), the Delaware Chancery Court refused to dismiss breach of fiduciary duty claims against the officers and directors of Bioverativ arising out of the company’s 2018 sale for Sanofi.

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Recruiter's Suit Against Robinson & Cole Moved To Conn.

Law 360 M&A

A South Dakota federal judge has agreed to move a legal recruiter's breach of contract suit against Robinson & Cole LLP to the firm's home state of Connecticut, saying there was no evidence that the firm knew the recruiter was based in South Dakota during the discussions around prospective firm mergers that eventually gave rise to the suit.

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William Blair & BDA Advise BMS on Sale of East Syracuse, NY Facility to LOTTE

Benzinga

New York, NY May 27, 2022 --( PR.com )-- BDA Partners is pleased to announce that Bristol Myers Squibb (“BMS”), advised by William Blair in conjunction with BDA Partners, has agreed to divest its manufacturing facility in East Syracuse, New York to LOTTE Corporation. The East Syracuse site will serve as the LOTTE Center for North America Operations for LOTTE’s new biologics contract development and manufacturing organization (CDMO) business in the United States.

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Health Co.'s $2B Take-Private Deal Challenged By Investors

Law 360 M&A

Health improvement company Tivity Health Inc. has been hit with a pair of investor suits seeking to block its $2 billion planned acquisition by private equity firm Stone Point Capital, with the investors saying Tivity omitted material information about the company's financial projections.

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BDA Advises Doosan on Sale of Doosan Babcock to Altrad

Benzinga

New York, NY May 27, 2022 --( PR.com )-- BDA Partners is pleased to announce that its client, Doosan Enerbility (“Doosan”), has agreed to sell Doosan Babcock Limited to Altrad, a leading French industrial services company. Terms of the transaction were not disclosed. BDA was the exclusive financial advisor to Doosan on the transaction. Doosan Babcock is a leading specialist in EPC (engineering, procurement and construction) services for the nuclear and energy sectors.

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How quantum computing can help tackle global warming

Mckinsey and Company

Quantum computing has the potential to drive the major breakthroughs needed to help solve the climate crisis. A pioneer in the field discusses how his company is seeking to harness this technology for large-scale climate-change mitigation.