Sat.Oct 01, 2022

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The Irrelevance of Delaware Corporate Law

Harvard Corporate Governance

Posted by Robert J. Rhee (University of Florida), on Friday, September 30, 2022 Editor's Note: Robert J. Rhee is John H. and Marylou Dasburg Professor of Law at the University of Florida Levin College of Law. This post is based on his recent paper , forthcoming in the Journal of Corporation Law , and is part of the Delaware law series ; links to other posts in the series are available here.

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Toxic workplace behavior and employee burnout: Fix one, fix both

Mckinsey and Company

Jerks at Work author Tessa West shares research and insights about the damaging effect of toxic behavior in the workplace and offers strategies for effectively coping with it.

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Weekly Roundup: September 23-29, 2022

Harvard Corporate Governance

Posted by the Harvard Law School Forum on Corporate Governance, on Friday, September 30, 2022 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of September 23-29, 2022. Boards Need More Women: Here’s How to Get There. Posted by Maria Castañón Moats and Shannon Schuyler, PricewaterhouseCoopers LLP, on Friday, September 23, 2022.

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Mergers & Acquisitions Insights: Perspectives from the Boardroom and C-Suite

Shephard Mullin M&A

Kandace Watson, Corporate M&A Partner, Sheppard Mullin, and Michael-Bryant Hicks, a seasoned EVP, General Counsel & Corporate Secretary recently discussed mergers and acquisitions perspectives from the Boardroom and C-Suite. From the Board and Executive Management viewpoint, there are only a few key important wins. Ensure Directors and Officers know their fiduciary duties and establish a robust protocol to demonstrate they fulfilled those duties.

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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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FNMA Ensnares Appraisers in Farcical Probes

Appraisers Blog

You feel like Fannie Mae is simply trying to get rid of appraisers. A lot of appraisers feel that way… “Even amidst tragedy there is sometimes farce,” wrote author Daniel Prokop. Unleashing tragedy and farce in equal measure, mortgage giant Fannie Mae is using its muscle to coerce lenders to repurchase early COVID-era loans. Fannie apparently deems them now too risky for its portfolio.

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Survey results: Expectations for company performance, by industry

Mckinsey and Company

Across industries, only respondents working in energy and materials and financial services report more upbeat expectations for their companies’ profits or demand for their goods or services than in the previous survey.

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FRB Governor Bowman Speaks on Banking Competition

National Law Review M&A

Daniel Meade Jurisdiction: All Federal Type of Law: Administrative & Regulatory Financial Institutions & Banking Mergers & Acquisitions

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German football reopens its door to private equity

Financial Times M&A

Bundesliga in talks with buyout firms about multibillion-euro investment as it seeks to catch up with rivals

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No Signs Of Supreme Court's Conservatives Slowing Down

Law 360 M&A

Last Supreme Court term was considered by many to be the most consequential in a generation as the court's conservative justices delivered key victories on abortion and guns. But one quick glance at the new term's docket suggests that this new supermajority has only just begun shifting the law to the right.

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UK companies face new wave of takeovers, warns Numis

Financial Times M&A

Broker says overseas rivals are looking to buy out British groups as it faces 33% drop in its revenue

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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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The 5 Biggest Cases This Supreme Court Term

Law 360 M&A

The reversal of constitutional abortion protections last term has court watchers wondering: Is affirmative action next? But the lawsuits against Harvard University and the University of North Carolina are far from the only blockbusters on the docket in what is likely to be another landslide term for conservatives. Here, Law360 breaks down five cases to watch.

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A three-part recipe for business growth in the consumer sector

Mckinsey and Company

Matt Leeds, a partner at consumer-focused private-equity group L Catterton, details a trio of winning strategies for growth.

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UK Litigation Roundup: Here's What You Missed In London

Law 360 M&A

The past week in London has seen German software company Topalsson face a breach of contract claim from law firm CMS, Pfizer and BioNTech look for the cure to their patent woes in a claim against Moderna, and Alaska Airlines ready for departure in a commercial contracts claim against Virgin Aviation. Here, Law360 looks at these and other new claims in the U.K.

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Where will your accounting journey take you?

ThomsonReuters

For today’s tax and accounting professionals, the name of the game is doing more with less. In a world where tax regulations are constantly changing, clients are demanding more, and competition is fierce, it’s hard to decide where to invest your limited time and resources. To find your accounting firm’s unique path to success, it’s important to understand your accounting journey: where you are and where you want to go.

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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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How Well Do You Know Supreme Court History?

Law 360 M&A

As the U.S. Supreme Court kicks off its October 2022 term, it's the perfect time to dive into the court's history. Law360 will try to stump you with this 10-question quiz about the court.

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The future of medtech sales is hybrid

Mckinsey and Company

Top-performing medtech companies are using hybrid or end-to-end remote sales motions to better meet the needs of healthcare personnel and other stakeholders.

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2 Firms Lead $2.5B Consumer Internet SPAC Deal

Law 360 M&A

Mobile app company Asia Innovations Group, guided by Kirkland & Ellis, announced Friday that it has entered into a merger agreement with a White & Case-led special purpose acquisition company, with the new company being valued at $2.5 billion.

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Vendor Risk Countdown: Top 10 Risks Third-Party Vendors Pose to Your Financial Institution

N Contracts

EXECUTIVE SUMMARY: Vendor risk management is an ongoing process. It begins with due diligence before a contract is signed and continues with monitoring throughout the length of the relationship. Based on the inherent risk with the vendor, the financial institution should assess the potential risks of third-party vendors in some or all of these 10 risk categories: operational, transaction, compliance, credit, strategic, reputation, cyber, cloud, concentration and country.

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Law360's The Term: A New Normal For The Court?

Law 360 M&A

As the U.S. Supreme Court prepares for the 2022-2023 term with a slate of new blockbuster cases, the fallout from last term's Dobbs decision and its leaked draft is still reverberating. And while pandemic-era restrictions at the court are loosening, the hosts discuss with veteran court reporter Amy Howe what kind of "new normal" to expect at the high court.

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Vendor Risk Countdown: Top 10 Risks Third-Party Vendors Pose to Your Financial Institution

N Contracts

EXECUTIVE SUMMARY: Vendor risk management is an ongoing process. It begins with due diligence before a contract is signed and continues with monitoring throughout the length of the relationship. Based on the inherent risk with the vendor, the financial institution should assess the potential risks of third-party vendors in some or all of these 10 risk categories: operational, transaction, compliance, credit, strategic, reputation, cyber, cloud, concentration and country.

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Keys To A 9-0 High Court Win: Practicality Over Perfection

Law 360 M&A

When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.

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Health Care Company Rocket Pharmaceuticals Announces Acquisition of Renovacor

Benzinga

Rocket Pharmaceuticals (NASDAQ: RCKT ) has announced an acquisition of Renovacor (AMEX: RCOR ) that is expected to be completed in Q1 of 2023. Under the terms of the agreement, Rocket Pharmaceuticals has agreed to give Renovacor $53.00 million in stock in exchange for RCOR stock. About The Companies Involved. Rocket Pharmaceuticals Inc is a clinical-stage biopharmaceutical company.

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Five Takeaways from the Association of Trust Organizations (ATO) 2022 Annual Meeting

Auto Dealer Valuation Insights

Last week, ATO held its annual meeting at the JW Marriott in Las Vegas to discuss industry trends, practice management, and recruitment during the Great Resignation. As a sponsor and panelist, here are our main takeaways from the meeting: Tom Blank of Shumaker, Loop & Kendrick, noted in his regulatory update presentation that Peak Trust Company received conditional approval earlier this year from.

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Irwin Naturals Acquires Ketamine Media, Nation's Leading Platform For Ketamine Clinics

Benzinga

Irwin Naturals Inc. (OTC: IWINF ) is expanding its efforts in offering ketamine-assisted therapy to those in need. The company’s latest move is the acquisition of all issued and outstanding shares of growth clinics agency Keta Media LLC (Ketamine Media.). KM’s global network includes relationships with treatment centers in over 45 states and three countries.

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Lockheed Martin – cheapest gun in the West 

Valutico

Lockheed Martin Corporation. Weekly Valuation – Valutico | 30 September 2022. Link to the detailed valuation. Lockheed Martin Corp. is a US defense contractor. The company researches, develops, designs, manufactures, integrates, and operates technology systems, products, and services in the defense industry. Founded in 1995, Lockheed Martin Corporation is a Bethesda, Maryland-based aerospace company with a $106 billion market capitalization. .

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FTX Pays $51M For Voyager Digital's Users, IP And The Business Itself

Benzinga

Following a $1.4 billion offer, FTX was named the successful bidder for the insolvent cryptocurrency company Voyager Digital Ltd. (OTC: VYGVQ ) earlier this week. But the amount paid for the firm itself, according to court documents, was substantially less — at $51 million. See Also: FTX's Bankman-Fried Wants To Buy This Troubled Crypto Lender.

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Author Talks: People, planet, profits, and …

Mckinsey and Company

Simmons University President Lynn Perry Wooten refreshes the triple bottom line with a fourth pillar for leading through compounding crises.

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Coffee Holding Inks Merger & Share Exchange Agreement With Delta Corp Holdings

Benzinga

Coffee Holding Co Inc (NASDAQ: JVA ) has entered into a definitive merger and share exchange agreement with a Bulk & Energy logistics holding company, Delta Corp Holdings Limited. Coffee Holding and Delta will each become wholly owned subsidiaries of a newly created holding company incorporated under the laws of the Cayman Islands, Delta Corp. Full story available on Benzinga.com.

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Divestitures: Transition Services Agreements

John Jenkins

Because a divested business’s infrastructure is often so intertwined with the seller’s other businesses, a divestiture buyer often needs the seller to continue to provide certain services to that business for a period of time after the closing.

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Here's Why O2Micro Shares Are Trading Higher Today

Benzinga

O2Micro International Limited (NASDAQ: OIIM ) agreed to merge with FNOF Precious Honour Limited subsidiary Rim Peak Technology Limited, becoming an FNOF subsidiary. The transaction implied an equity value of the company of $145.9 million. The company will become a subsidiary of Right Dynamic Investment Limited (Holdco), owned by Sterling Du, the CEO and the Chair of the Board, and Perry Kuo, Full story available on Benzinga.com.

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Benchmark International Facilitated the Transaction Between Dallas Plumbing Company and Air Pros USA

Benchmark Report

Benchmark International successfully facilitated the transaction between Dallas Plumbing Company and Air Pros USA.

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Global M&A market slows in 2022 first half—but shows signs of strength

Mckinsey and Company

Americas are most active while technology/media/telecom dominates other sectors.

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Selling a Business: 9 Mistakes to Avoid

Midstreet Blog

As a business owner, you’ve probably given at least some consideration to the sale of your business.

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Mergers & Acquisitions Insights: Perspectives from the Boardroom and C-Suite

National Law Review M&A

Kandace P.