Tue.Oct 10, 2023

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State of Cyber Awareness in the Boardroom

Harvard Corporate Governance

Posted by Sarah Kuranda Vallone, VP Marketing (NightDragon) and Edna Twumwaa Frimpong, Director of International Research (Diligent Institute), on Tuesday, October 10, 2023 Editor's Note: Sarah Kuranda Vallone is a VP Marketing at NightDragon, and Edna Twumwaa Frimpong is a Director of International Research at Diligent Institute. This post is based on a NightDragon and Diligent memorandum by Ms.

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What is Web3?

Mckinsey and Company

Web3 is a term used to describe the next iteration of the internet, one that is built on blockchain technology and is communally controlled by its users.

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Reducing the Risk of ‘Greenwashing’ Litigation and Defending Actions That Are Filed

Harvard Corporate Governance

Posted by Jessica Davidson, Nina R. Rose, and Robert A. Silverstein, Skadden, Arps, Slate, Meagher & Flom LLP, on Tuesday, October 10, 2023 Editor's Note: Jessica Davidson and Nina R. Rose are Partners, and Robert A. Silverstein is an Associate at Skadden, Arps, Slate, Meagher & Flom LLP. This post is based on a Skadden memorandum by Ms. Davidson, Ms.

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Does Your Company Need an F Reorganization?

Redpath

October 10, 2023 – When you start a business you put a lot of thought into how to structure it from a tax perspective. Do you pick LLC? S-Corp? C-Corp? Some combination of multiple structures?

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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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10 tips for managing your cash flow

JPAbusiness

Managing cash flow is an ongoing challenge in business. As I explain in this short video , your cash flow position is dependent on how well you manage the working capital levers in your business – levers such as the timing of payments to creditors, efficient collection of payments from debtors, and the level and quality of your inventory.

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The McKinsey Crossword: Women in the Workplace | No. 149

Mckinsey and Company

Sharpen your problem-solving skills the McKinsey way, with our weekly crossword. Each puzzle is created with the McKinsey audience in mind, and includes a subtle (and sometimes not-so-subtle) business theme for you to find. Answers that are directionally correct may not cut it if you’re looking for a quick win.

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Preparing for liftoff: Volocopter and Wisk chart the path to the skies for eVTOLS

Mckinsey and Company

Dirk Hoke and Brian Yutko, CEOs of Volocopter and Wisk, respectively, discuss the possibilities, challenges, and opportunities in the process of commercializing future air mobility.

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Catching Up With Delaware's Chancery Court

Law 360 M&A

Last week in Delaware's Chancery Court, former Twitter executives recouped their legal fees, Takeda Pharmaceuticals got a big bill, Golden Nugget casino investors rolled the dice on a settlement, and Straight Path investors scored a hollow victory. In case you missed it, here's all the latest from Chancery Court.

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Private equity’s borrowing binge faces scrutiny

Financial Times M&A

Plus, Warburg Pincus sticks to its buyout roots and the UBS/Credit Suisse lawsuits pile up

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Manufacturing Africa’s future: Jobs, growth, and sustainability

Mckinsey and Company

Africa’s anticipated population surge by 2050 will require robust job creation. Could the manufacturing sector provide roles for the next generation?

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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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Australia’s richest person raises stake in lithium producer, threatening $4.3bn takeover

Financial Times M&A

Gina Rinehart’s Hancock Prospecting is muscling in on Albemarle’s mine proposal

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Benchmark International has Surpassed Mergermarket League Table High

Benchmark Report

Benchmark International is pleased to announce that it has been ranked in several of Mergermarket’s league tables for the number of deals it has conducted over the first three quarters of 2023, beating previous record highs.

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How to Value a Fitness Center or Gym

Peak Business Valuation

Businesses in the fitness industry operate fitness and recreational sports facilities. Fitness centers or gyms can offer a variety of amenities such as weights, cardio machines, pools, saunas, hot tubs, etc… IBIS World notes that the fitness industry has struggled in recent years due to social distancing mandates. However, we can expect improvement as the economy recovers and social distancing mandates become more lenient.

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Benchmark International Successfully Facilitated the Transaction Between Push Technologies SL and Cendyn Group LLC

Benchmark Report

Benchmark International is pleased to announce the acquisition of Barcelona-based PUSHTech by hospitality technology specialist, Cendyn, based in Florida.

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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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Should I Stay, or Should I IPO?

Auto Dealer Valuation Insights

Those are the lyrics…right? Last month, Birkenstock filed for an initial public offering with the U.S. Securities and Exchange Commission, and the listing is expected to go live this week. Birkenstock is a unique comfort shoe brand with consumers ranging from teenagers to their grandparents, even Barbie to Steve Jobs. Take that, Crocs! One of the consequences stemming from the pandemic was.

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U.S. Foreign Trade Zone (FTZ) vs. Customs bonded warehouses: Understanding the differences

ThomsonReuters

When goods are imported into the U.S., they can often be stored in either a foreign trade zone (FTZ) or Customs’ bonded warehouses to take advantage of various savings and operational benefits. The main distinction between the two is the U.S. Customs regulations and procedures that they are bound to follow. W hat are the differences between an FTZ and a Custom bonded warehouse?

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Benchmark International Sucessfully Facilitated The Transaction Between Flo-systems Inc. And Pumpman Holdings

Benchmark Report

Benchmark International Sucessfully Facilitated The Transaction Between Flo-systems Inc. And Pumpman Holdings.

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Amplifying developer efficiency within Power Platform using Copilot

Avanade

As we explore how to further optimize, Copilot shows immense promise in enhancing developer efficiency within the Power Platform.

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Covisint Investors Win Class Cert. In OpenText Merger Spat

Law 360 M&A

Former shareholders of Covisint Corp. who say the software company's 2017 cash-out merger was a bad deal for investors won class certification Monday from a Michigan state judge.

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Trans Global Group Inc. established WTB in BVI

Benzinga

Dubai, United Arab Emirates, Oct. 11, 2023 (GLOBE NEWSWIRE) -- Trans Global Group Inc. ("TGGI" or the "company") announced that today the company completed the establishment of Wing Tiger International Block Chain Technology Co., Ltd (WT) in BVI (British Virgin Islands) on October 12th. The main business in this company is established two value systems through developing blockchain technology and using it.

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FTC Reluctantly Abandons Axon Merger Challenge

Law 360 M&A

The Federal Trade Commission will dodge the most direct attack on the constitutionality of its administrative merger challenge process after abandoning its case against an Axon Enterprise Inc. transaction, prompting Axon to drop its preemptive nearly four-year-old lawsuit that went all the way to the U.S. Supreme Court.

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Norsk Hydro: Status share buyback program

Benzinga

Please see below information about transactions made under the share buyback program for Norsk Hydro ASA. Announcement date of the share buyback program: September 22, 2023 End date of the share buyback program: February 29, 2024 Overview of transactions: Date Aggregate daily volume (no. of shares) Average price (NOK) Total transaction value (NOK) 04.10.23 219 025 62.91 13 779 542 05.10.23 206 336 62.22 Full story available on Benzinga.

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The Impact Of Proposed HSR Form Changes On Agency Staff

Law 360 M&A

The Federal Trade Commission's recent proposed changes to the Hart-Scott-Rodino Notification and Report Form will have the unintended effect of drastically increasing the burden on agency staff without an appreciable increase in their ability to detect potentially anti-competitive transactions, say Amanda Wait and Andrew Eklund at Norton Rose.

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When Does Securities Litigation Affect Corporate Reputation?

Reynolds Holding

Many academics, managers, lawyers, and others believe that nonmeritorious securities fraud class actions – those that will be dismissed or settled for nuisance amounts – damage corporate reputations. For example, litigation public relations experts claim that individuals adopt a “guilty until proven innocent” view of litigation (Thurber 2023), so the effect of a lawsuit on a company’s “reputation and stock price—even a lawsuit it views as frivolous—can be dire” (Weidlich 2004).

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Cannabis Software Co. Shareholder Drops Merger Litigation

Law 360 M&A

A shareholder in cannabis software firm Akerna Corp. has dropped his federal lawsuit attempting to stifle the company's merger with Bitcoin mining company Gryphon Digital Mining Inc., nixing the allegation that executives misled investors about key details of the deal.

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The CSRD: Upcoming Requirements and How to Prepare

Audit Board

The evolving world of ESG reporting has launched many different frameworks and standards intended to address the environmental , social , and governance stance of organizations. In recent years, both the European Union and the United States have begun to move towards the consolidation of ESG reporting requirements, aiming for greater alignment across the field of disclosure requirements.

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Tax Software Co., Execs Beat $8.4B PE Buyout Suit, For Now

Law 360 M&A

A Washington state federal judge has dismissed a suit from shareholders of tax software company Avalara Inc. accusing it of making false statements in an attempt to gain support of an $8.4 billion deal that privatized the company, ruling the suit does not sufficiently show any of the statements at question were actually untrue.

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SEC Chair Gensler Supports Final Rules on Beneficial Ownership

Reynolds Holding

Today [October 10], the Commission adopted final rules to shorten the deadlines by which beneficial owners of a company — those who own more than 5 percent of the company — must inform the public of their position. I am pleased to support this adoption because it updates these reporting requirements for modern markets, ensures investors receive material information in a timely way, and reduces information asymmetries.

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Medtech Co. Haemonetics Inks $253M Deal To Buy OpSens

Law 360 M&A

Haemonetics Corp. has agreed to acquire Canadian medical device maker OpSens Inc. in an all-cash deal valued at CA$345 million ($253 million), or CA$2.90 per share, according to a news release from Haemonetics Tuesday.

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Valo Therapeutics Announces Acquisition of Bruker Corporation's Latest Mass Spectrometer Platform for Tumor Antigen Identification with ValoTx's PeptiCHIP Technology

Benzinga

HELSINKI, Finland, Oct. 10, 2023 (GLOBE NEWSWIRE) -- Valo Therapeutics Oy (ValoTx), the developer of novel, adaptable immunotherapies for cancer, announces it is the first biotech company in Europe to install and use the Bruker Corporation's new timsTOF Ultra mass spectrometer and liquid chromatography platform, which provides transformative speed and sensitivity for antigen identification in connection with ValoTx's PeptiCHIP technology.

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SEC Commissioner Peirce Declines to Support Final Rules on Beneficial Ownership

Reynolds Holding

Although better than the proposed rule, [1] the final beneficial ownership reporting rule continues to rest on flawed economics. Accordingly, I cannot support it. The heart of the final rule is a shortening of the filing windows for Schedules 13D and G, which report an investor’s holding of large positions in a company’s shares. Although the original filing timelines are not necessarily the Platonic ideal, a decision to shorten the timeframes should be well justified.