Fri.Mar 24, 2023

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A technology survival guide for resilience

Mckinsey and Company

Resilience means understanding the criticality of a business process, the capability of the underlying technology, the business impact if the technology fails, and the organization’s risk tolerance.

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Weekly Roundup: March 17-23, 2023

Harvard Corporate Governance

Posted by the Harvard Law School Forum on Corporate Governance, on Friday, March 24, 2023 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of March 17-23, 2023. Larry Fink’s Annual Chairman’s Letter to Investors Posted by Larry Fink, BlackRock, Inc., on Friday, March 17, 2023 Tags: Board of Directors , Corporate culture , digital assets , Green energy , Institutional Investors , Shareholders Larry Fink’s Annual Letters to Investors Posted by M

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Why Activision Blizzard Shares Are Trading Higher Today

Benzinga

Activision Blizzard, Inc (NASDAQ: ATVI ) shares gained 6% after the U.K. antitrust regulator capped its concerns regarding the Microsoft Corp (NASDAQ: MSFT ) deal. On Friday, the Competition and Markets Authority issued updated provisional findings in its assessment of Microsoft's proposed acquisition of Activision, narrowing its scope of concerns.

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Internalizing Externalities: Disclosure Regulation for Hydraulic Fracturing, Drilling Activity and Water Quality

Harvard Corporate Governance

Posted by Pietro Bonetti (IESE Business School), Christian Leuz (University of Chicago), and Giovanna Michelon (University of Bristol) , on Friday, March 24, 2023 Editor's Note: Pietro Bonetti is an Assistant Professor of Accounting and Control at IESE Business School, Christian Leuz is the Charles F. Pohl Distinguished Service Professor of Accounting and Finance at the University of Chicago, and Giovanna Michelon is a Professor of Accounting at the University of Bristol.

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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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HUBZone Program: Still Available, Changes Coming

Machen McChesney

In a nutshell, according to the SBA, the HUBZone program fuels small business growth in historically underutilized business zones. The idea is to award at least 3% of federal contract dollars to eligible companies each year.

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Homelessness in Los Angeles: A unique crisis demanding new solutions

Mckinsey and Company

LA’s homelessness crisis is unlike any other. Solutions should be fact-based and mindful of diverse journeys of those experiencing homelessness—and businesses have a role in resolving the crisis.

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More Trending

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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 Mozambique face up to another claim over its international bribery scandal with Credit Suisse, another two aircraft leasing companies sue their insurers to claw back losses from planes stuck in Russia, and law firm Withers sued by the visual technology company it represented at an investment disputes tribunal in 2018.

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Online sales and subscriptions will shape tomorrow’s car financing journey

Mckinsey and Company

New tech and emerging trends will enable consumers to move toward a more complete online car-buying experience.

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UK Narrows Concerns In Microsoft's $69B Activision Deal

Law 360 M&A

Microsoft Corp.'s proposed $68.7 billion takeover of Activision Blizzard Inc. will not substantially lessen competition in U.K. console gaming, Britain's antitrust authority said on Friday, as it narrowed the scope of its concerns about the deal.

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Plan for the Unexpected

Auto Dealer Valuation Insights

March is one of the best months of the year for avid and casual sports fans. Last week, the NCAA College basketball tournament began. Many of us have been checking our brackets obsessively. There’s a reason it’s called March Madness. Who would have predicted that Fairleigh Dickinson would upset Purdue or that Princeton would upset Arizona and advance to the Sweet 16?

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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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Icahn Calls Illumina's Grail Move 'A New Low' Amid Proxy War

Law 360 M&A

Carl Icahn told Illumina shareholders on Friday the circumstances surrounding the company's decision to close its $8 billion deal for Grail despite objections from antitrust regulators represents "a new low in corporate governance," continuing to push for a board shakeup.

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Eagle Ford Activity and Production Grow, Despite Price Easing

Auto Dealer Valuation Insights

The economics of oil & gas production vary by region. Mercer Capital focuses on trends in the Eagle Ford, Permian, Bakken, and Marcellus and Utica plays. This quarter we take a closer look at Eagle Ford. Eagle Ford production (on a barrels of oil equivalent, or “boe” basis) increased 7% year-over-year through March.

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Broadcom Acquisition of VMware Increasingly Unlikely to Close

Mogin Rubin M&A

Photo by Taylor Vick on Unsplash Following its Phase 1 investigation, the UK Competition and Markets Authority (CMA) determined Broadcom Inc.’s acquisition of VMware, Inc., could substantially lessen competition in several server hardware markets and, therefore, warranted an in-depth Phase 2 investigation. This comes on the heels of news that the Federal Trade Commission's (FTC) investigation of the merger remained ongoing and that the European Commission (EC) would also conduct in an in-depth i

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Succession Planning for Investment Management Firms

Auto Dealer Valuation Insights

Succession planning has been an area of increasing focus in the investment management industry, particularly given what many are calling a looming succession crisis. The demographics suggest that increased attention to succession planning is well warranted: over 60% of RIAs are still led by their founders, and only about a quarter of them have non-founding shareholders.

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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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UK Regulator Has Change Of Heart On Microsoft-Activision Deal, 'Call Of Duty' Key To New Assessment

Benzinga

The U.K.'s Competition and Markets Authority (CMA) has provided an update on its ongoing assessment of Microsoft Corp 's (NASDAQ: MSFT ) proposed $68.7 billion acquisition of Activision Blizzard (NASDAQ: ATVI ). While the update is provisional, the CMA has indicated that it does not anticipate any significant anticompetitive effects resulting from the deal.

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2023 Cross-border M&A Update

Benchmark Report

Cross-border mergers and acquisitions offer key geographical diversification benefits for buyers and businesses alike. Gaining new exposure in new regions can lower business and operational risks under different economic and regulatory conditions. Buyers often look for cross-border deals when their core markets become saturated, when business slows down, or if they can find regulatory or monetary benefits in another country.

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SQMS Implementations Are a Heavy Lift: Procrastination Is Not Recommended

Trout CPA

Written by Nicole Cradic, CPA This article first appeared in the Pennsylvania CPA Journal - Spring 2023 and is reprinted with permission. Copyright © 2023 by the Pennsylvania Institute of CPAs. All rights reserved.

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Norman’s Principles for Effective Internal Auditing

Norman Marks

Originally posted on Norman Marks on Governance, Risk Management, and Audit : I am in the midst of writing a new book and decided I needed to define my core principles for effective internal auditing.

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Deal Structures: F-Reorganization vs. 338(h)(10) Election

Trout CPA

Written by Andrew Rice, CPA, CVA , Managing Director of Trout CPA’s Transaction Advisory Services When structuring an M&A transaction, deciding between an asset or stock sale can be an obstacle between buyers and sellers. Finding a transaction structure that works for both parties is critical to the success of the deal. Two solutions have become prevalent in the deal community, though one offers significantly more flexibility.

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Greenspoon Adds Ex-Seyfarth Shaw Atty With India Expertise

Law 360 M&A

Greenspoon Marder LLP has hired a former Seyfarth Shaw LLP attorney in New York who has spent over 40 years representing a wide range of clients operating in and from India.

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Infrastructure funds in talks to acquire UK ‘altnet’ Trooli

Financial Times M&A

Predictions of consolidation among fibre broadband challengers as interest rates and costs rise

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Activism: Thinking Like an Activist Pays Dividends

John Jenkins

A recent Stanford report on shareholder activism highlights some of the ways in shareholder activism and companies’ responses to it continue to evolve. In recent years, companies have frequently been admonished to “think like an activist” and identify & address potential weaknesses before activists leverage them into a successful campaign.

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UK regulator U-turns on Microsoft’s $75bn Activision deal

Financial Times M&A

Surprise move clears big roadblock to global approval of acquisition of ‘Call of Duty’ maker

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Customers Ask To Pause Kroger's $25B Albertsons Deal

Law 360 M&A

Customers contending that Kroger's planned $25 billion acquisition of Albertsons would hurt competition and drive up grocery prices have asked a California federal court to pause the deal while their challenge plays out.

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Berkshire Grey Enters into Definitive Merger Agreement with SoftBank Group for Go-Private Transaction

Benzinga

BEDFORD, Mass., March 24, 2023 (GLOBE NEWSWIRE) -- Berkshire Grey, Inc. (NASDAQ: BGRY ), ("Berkshire Grey" or the "Company") today announced that the Company has entered into a definitive merger agreement with SoftBank Group Corp. and its affiliate (together, "SoftBank"). Under the agreement, SoftBank will acquire all of the outstanding capital stock of the Company not currently owned by SoftBank for $1.40 per share in an all-cash transaction valued at approximately $375 million.

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Don't Miss It: Cleary, King & Spalding Guide Week's Hot Deals

Law 360 M&A

A lot can happen in the world of mergers and acquisitions over the course of a week, and it can be difficult to keep up with all the deals. Here, Law360 recaps the ones you may have missed, including transactions helmed by Cleary Gottlieb and King & Spalding.

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Lelantos Holdings Successfully Acquires 15 Semitrucks Worth Approximately $1 Million Through Asset Purchase Agreement

Benzinga

LAS VEGAS, March 24, 2023 (GLOBE NEWSWIRE) -- via InvestorWire -- Lelantos Holdings, Inc. (OTC: LNTO ) ("Lelantos" or the "Company"), formerly ProConcept Marketing Group, Inc., is pleased to announce that it has executed a formal asset purchase agreement to acquire 15 semitrucks with a current operational business model. This initial acquisition will conclude the first phase of the Company's four-step approach to entering into the shipping and logistics business.

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Australian Elder Care Co. Mulls AU$775M Takeover Bid

Law 360 M&A

Australian residential aged-care provider Estia Health said Friday it will consider a 775.1 million Australian dollars ($514.6 million) nonbinding takeover bid from investment giant Bain Capital.

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Kymanox Acquires Agilis Consulting Group, A Trusted Human Factors Provider

Benzinga

Morrisville, North Carolina USA, and Cincinnati, Ohio USA, March 24, 2023 (GLOBE NEWSWIRE) -- Kymanox Corporation ("Kymanox"), a professional services company exclusively serving the life science industry, announced today the acquisition of Agilis Consulting Group. Agilis is a trusted human factors partner for the global medical market. They specialize in helping new and established companies achieve successful HF submissions while navigating the complex global regulatory landscape, resulting in

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CFIUS Head Urges Voluntary Submissions By Dealmakers

Law 360 M&A

A top national security official with the U.S. Treasury Department urged dealmakers Friday to come forward with voluntary disclosures allowed under CFIUS, telling industry professionals at a Tulane conference it will prevent more "pain" later on in the process.

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STRACON Group Strengthens Technology Capabilities with the Acquisition of Digital Infrastructure Provider OMT SpA

Benzinga

TORONTO and LIMA, Peru, March 24, 2023 (GLOBE NEWSWIRE) -- STRACON Group (" STRACON " or "the Group "), a leading mining services group focused on North and South America, majority owned by global asset manager Ashmore Group plc (LSE: ASHM), today announced that it has acquired OMT SpA (" OMT "), a Chilean engineering and technology company specialized in the implementation of communication technologies for the mining sector.

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Space Startup's Ex-CEO Must Face SEC's Fraud Suit

Law 360 M&A

The Russian former CEO of space industry startup Momentus can't escape a U.S. Securities and Exchange Commission suit claiming he made misleading statements regarding both the testing of Momentus' key technology and national security concerns surrounding his immigration status, a D.C. federal judge said.

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Fischbein International y Votech amplían su capacidad de fabricación en Reusel y anuncian que la nueva empresa se llamará Votech, una empresa de Duravant

Business Wire M&A

REUSEL, Países Bajos--(BUSINESS WIRE)--Votech ha anunciado hoy la gran inauguración de su planta de fabricación recientemente ampliada y de la sede central de la empresa en Reusel, Países Bajos.

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Gov't Using Stall Tactics, Litigation To Quash M&A, Attys Say

Law 360 M&A

U.S. authorities are "hyperfocused" on mergers with any hint of anti-competitive elements, forcing deal makers to build in longer closing periods as they face laborious inquiries and threats of litigation, speakers said Friday at a Tulane University Law School event.

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