Wed.Apr 24, 2024

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The Limits of Individual Prosecutions in Deterring Corporate Fraud

Harvard Corporate Governance

Posted by Samuel Buell (Duke University School of Law), on Wednesday, April 24, 2024 Editor's Note: Samuel Bell is Bernard M. Fishman Distinguished Professor of Law at the Duke University School of Law. This post is based on his article forthcoming in the Wake Forest Law Review. One must search long and hard to find an academic, journalist, politician, or citizen who does not believe that the best tool for deterring corporate crime is criminal prosecution of individual employees, especially mana

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International Valuation Standards Council Announces Board Appointments

IVSC

London, UK – April 2024 – The International Valuation Standards Council (IVSC) is pleased to announce new appointments to its standards setting boards, effective April 2024. New board appointments have been made to the Standards Review Board, Business and Intangible Assets Board, Financial Instruments Board, and Tangible Assets Board. The new board members join at an important juncture, following the launch of the updated International Valuation Standards (IVS ) in January 2024, and

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Environmental & Social Policy Issues in the 2024 U.S. Proxy Season

Harvard Corporate Governance

Posted by Heidi Welsh, Sustainable Investment Institute, on Wednesday, April 24, 2024 Editor's Note: Heidi Welsh is the Executive Director at the Sustainable Investments Institute. This post is based on her recent Si2 memorandum. Introduction Proponents as of mid-Feburary 2024 had filed at least 527 shareholder resolutions on environmental, social and related sustainable governance issues for the 2024 proxy season.

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‘Thunder Run’: Behind Lawmakers’ Secretive Push to Pass the TikTok Bill

NYT M&A

A tiny group of lawmakers huddled in private about a year ago, aiming to keep the discussions away from TikTok lobbyists while bulletproofing a bill that could ban the app.

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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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U.S. Supreme Court Rules on Liability for Item 303 Omissions in Shareholder Suits

Harvard Corporate Governance

Posted by Julia A. Malkina, Cason J.B. Reily and Matthew A. Schwartz, Sullivan & Cromwell LLP, on Wednesday, April 24, 2024 Editor's Note: Julia A. Malkina and Matthew A. Schwartz are Partners and Cason J.B. Reily is an Associate at Sullivan & Cromwell LLP. This post is based on a Sullivan & Cromwell memorandum by Ms. Malkina, Mr. Reily, Mr.

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Biden Signs TikTok Ban Bill Into Law. Here’s What Happens Next.

NYT M&A

President Biden has signed the bill to force a sale of the video app or ban it. Now the law faces court challenges, a shortage of qualified buyers and Beijing’s hostility.

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Comment on Obscure Federal Official Has Hatched ‘Sick Chicken’ in Housing Sector by Spencer Paul

Appraisers Blog

I feel like I’m a day late and a dollar short with all that you guys are talking about. I don’t understand many things such as folks knocking USPAP, we need a standard of reporting right? I get that it didn’t need to be updated every double year and it was done so as a cash cow, but there has to be a basis that we all can rely on. What are the others and why are some being them better than USPAP?

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UPDATE: The Corporate Transparency Act May Still Apply to You

Redpath

On March 1, a district court judge ruled that the Corporate Transparency Act (CTA) is unconstitutional. However, his decision applied only to the plaintiffs in the case: the National Small Business Association (NSBA) and its members. In an expected move, t he Justice Department has appealed the decision. While this litigation is ongoing, the Financial Crimes Enforcement Network (FinCEN) will continue to implement the Corporate Transparency Act for all other reporting companies.

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Comment on Fannie Mae ‘Census Block Grid’ Adjustment Raises Redlining Concerns by Ron

Appraisers Blog

In reply to Spencer Paul. Duh, the fact that this is now only being discussed after decades of including the census tract in the report is the most amazing aspect of this entire discussion. Simply, including the census tract number in the appraisal report opens up the underwriting process to the same if not worse types of racial profiling and biases Appraisers are being accused of.

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4 Ways To Refresh Your Law Firm's Marketing Strategy

Law 360 M&A

With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

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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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Comment on Fannie Mae ‘Census Block Grid’ Adjustment Raises Redlining Concerns by Baggins

Appraisers Blog

In reply to Spencer Paul. The below link; ‘Data analytical models for loan treatment.’ There are new strategies of multi dimensional consideration for every data factor available to assimilate, considerations for lenders which may run beyond the scope of an individuals credit score and an individual home. Basically if a person is part of a socio economic group of persons whom have higher tendencies to default, be cash poor, spend money unwisely, or somehow be ‘abusive’ to

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7th Circ. Mootness Fee Case May Curb Frivolous Merger Suits

Law 360 M&A

On April 15, the Seventh Circuit in Jorge Alcarez v. Akorn Inc. mapped out a framework for courts to consider mootness fees paid to individual shareholders after the voluntary dismissal of a challenge to a public company merger, which could encourage objections to mootness fees and reduce the number of frivolous merger challenges filed, say attorneys at Skadden.

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Tristan Tahmaseb Talks to the St. Louis Business Journal about the Sale of ITR to Crowe

Butcher Joseph & Co.

St. Louis-based ButcherJoseph & Co., a boutique investment banking firm, served as the exclusive adviser to ITR Economics on its sale to Crowe. The post Tristan Tahmaseb Talks to the St. Louis Business Journal about the Sale of ITR to Crowe appeared first on ButcherJoseph & Co.

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Who Stands to Gain from a TikTok Ban

NYT M&A

The Senate has finally passed a law that could bar the video-sharing app in the U.S., leaving some tech giants in pole position to profit — or pounce.

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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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Strategic Shift: IBM Reportedly Eyes HashiCorp Acquisition

Benzinga

International Business Machines Corporation (NYSE: IBM ) is reportedly on the verge of acquiring cloud software provider HashiCorp Inc (NYSE: HCP ), signaling potential growth for both entities. An acquisition of HashiCorp would likely entail a premium above its current stock value, reported The Wall Street Journal. Citing sources familiar with the matter, the report suggested that a deal for HashiCorp is likely to materialize soon, although there’s a possibility.

Equity 69
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BHP proposes takeover of Anglo-American in mining mega-deal

Financial Times M&A

Combination would bring together two of the leading players in the industry

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Who Stands to Gain from a TikTok Ban

NYT M&A

The Senate has finally passed a law that could bar the video-sharing app in the U.S., leaving some tech giants in pole position to profit — or pounce.

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Jefferies boss sells $65mn in stock to buy a customer’s yacht

Financial Times M&A

Purchase shines light on wealth accumulated by longtime chief executive Rich Handler

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BHP moves to buy Anglo American mining group

The Guardian M&A

Raft of takeovers could follow as deal looks to create world’s biggest copper miner churning out 10% of global output London-listed miner Anglo American has received an all-share buyout offer from BHP Group, a deal that would create the world’s biggest copper miner churning out about 10% of global output. The deal, if agreed, could also trigger further transactions in the global mining industry, which has experienced a slew of mergers and acquisitions as firms review their assets to raise exposu

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UK regulator examines Microsoft and Amazon’s AI dealmaking

Financial Times M&A

Request for comments into Big Tech’s alliances with artificial intelligence start-ups follows CMA study into fast-growing market

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TotalEnergies Trades Mature Assets for Growth In Low-Emission Congolese Oil Field

Benzinga

TotalEnergies SE (NYSE: TTE ) disclosed that its affiliate, TotalEnergies EP Congo, inked a deal with Trident Energy for a combination of purchase and sale transactions in the Republic of Congo. In particular, the oil giant will acquire an additional 10% stake in the Moho license from Trident Energy and sell its 53.5% interest in the Nkossa and Nsoko II licenses to the company.

Equity 59
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US consumer finance watchdog raises alarm over credit card megadeals

Financial Times M&A

CFPB boss warns over competition and financial stability as Capital One and Discover pursue $35bn merger

Finance 85
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BHP Bids £31B For Linklaters-Led Rival Miner Anglo American

Law 360 M&A

BHP Group said Thursday that it has offered to buy out Anglo American in a transaction valuing the British multinational at £31.1 billion ($38.9 billion), as the Australian mining giant looks to bolster its commodities portfolio.

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A lifeline for Canary Wharf

Financial Times M&A

Plus, one UK local council gets wooed by a Monaco hedge fund and Rodolphe Saadé leans into building a media empire

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Preparing Your Business for Potential Buyers in Mergers and Acquisitions

Sun Acquisitions

In business, mergers and acquisitions (M&A) are common strategies for growth and expansion. If you’re considering selling your business or even just open to the possibility, it’s crucial to prepare for potential buyers effectively. The M&A process is intricate, and getting your business ready can make a significant difference in attracting the right buyers and securing a successful deal.

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FCC OKs Detroit TV Deal — If Certain Conditions Are Met

Law 360 M&A

The Federal Communications Commission approved the $75 million sale of a Michigan-based television station to Mission Broadcasting, but conditioned the sale on terms meant to ensure that Nexstar, the country's largest TV station group owner, does not have de facto control of the station.

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Exploring secure service edge with Microsoft Entra GSA

Avanade

In this blog post, we explore our firsthand experiences, highlight the benefits, and share key insights gained from using Microsoft Entra GSA, with the aim to provide valuable perspectives to help you determine whether Entra GSA is the right solution for your organization.

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Hedge Fund Says Credit Suisse Misled On Bonds' Health

Law 360 M&A

U.S.-based hedge fund Appaloosa LP is accusing the former Credit Suisse in New Jersey federal court of misleading investors about its financial health before $17 billion of its bonds were wiped out in a merger with its Swiss competitor UBS.

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Appraiser Newsroom - Untitled Article

Appraiser Newsroom

Join us for ASA’s Beyond Valuation Professional Development and Growth Conference, offering virtual attendance, taking place on May 29th, 2024 at 1:00 PM ET. Piece by piece, reach new heights with your business valuation career alongside industry professionals. Explore our comprehensive Conference Agenda to see sessions covering Business Development, Important Issues for the Next Generation of Valuers, and more.

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Ex-Autonomy GC Tells Jurors He Wanted To Be 'Helpful' To HP

Law 360 M&A

Autonomy's former U.S. general counsel conceded Wednesday in the criminal trial of former CEO Michael Lynch that he told an HP lawyer he wanted to be as "helpful" as possible to the company as it was investigating Autonomy-related issues that popped up after the Silicon Valley giant purchased the British company, and that he was told he could face liability for his work at Autonomy.

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Energy Fuels Secures Critical Mineral Supply Chain Via $240M Base Resources Deal

Benzinga

Energy Fuels (AMEX: UUUU ), a Lakewood, Colorado-based uranium and critical minerals producer, agreed to acquire Australian junior miner Base Resources (OTCPK: BSRUF). The transaction, announced Sunday, April 21, is valued at $240 million. “The acquisition of Base Resources and the Toliara project represents a monumental leap forward for the company as we continue to execute on a truly revolutionary REE, uranium, and critical mineral combined strategy,” said Energy Fuels CEO Mark Cha

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Nuclear Fuel Co. Investor Sues Over Hair-Trigger 'Poison Pill'

Law 360 M&A

A Centrus Energy Corp. stockholder on Wednesday hit the company, as well as current and former directors, with a proposed class action in Delaware Chancery Court, challenging allegedly hair-trigger shareholder rights "poison pill" restrictions that activate anti-takeover measures based on a relatively low share ownership percentage.

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Equinox Gold Snaps Up Greenstone Gold Mines For $995M In 'Incredibly Rare' Deal

Benzinga

Vancouver-based miner Equinox Gold (AMEX: EQX ) has solidified its ownership of the Greenstone Gold Mine in Ontario, Canada, by acquiring the remaining 40% stake from Orion Mine Finance for $995 million. Despite Australian miner Gold Roads showing interest in Orion's stake, Equinox managed to gain full ownership of what they describe as a "rare opportunity" in a stable and industry-friendly jurisdiction. “Opportunities to own gold mines like Greenstone are incredibly rare.

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NGM Biopharma Investor Seeks Stock Appraisal In Del.

Law 360 M&A

An NGM Biopharmaceuticals Inc. stockholder has sued for court appraisal of his stock in Delaware's Court of Chancery after the company closed on a $1.55 per share cash tender offer with an affiliate of venture fund The Column Group on Feb. 25.