Fri.Dec 16, 2022

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Weekly Roundup: December 9-15, 2022

Harvard Corporate Governance

Posted by the Harvard Law School Forum on Corporate Governance, on Friday, December 16, 2022 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of December 9-15 2022. Remarks by Commissioner Peirce at the American Enterprise Institute. Posted by Hester M. Peirce, U.S. Securities and Exchange Commission, on Friday, December 9, 2022.

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Investing in the new era of value-based care

Mckinsey and Company

Recent trends appear to make a case for investing in value-based care. Here’s why value-based models now show both the potential and propensity for growth.

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Corporate Governance Evolves Amid Increasing Sustainability Awareness

Harvard Corporate Governance

Posted by Subodh Mishra, Institutional Shareholder Services, Inc., on Friday, December 16, 2022 Editor's Note: Subodh Mishra is Global Head of Communications at Institutional Shareholder Services (ISS). This post is based on an ISS memorandum to clients authored by Arnaud Cavé, ESG Methodology Lead – Governance, Finance, and Quantitative Research, ISS ESG; Cédric Lavérie , Head of French Research, ISS; Kosmas Papadopoulos, Head of Americas Sustainability Advisory, ISS Corporate Solutions; and Gu

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Digital consumers in the Middle East: Rising adoption and opportunity

Mckinsey and Company

The region’s consumers have embraced digital channels, and their spending is set to grow. New research highlights how companies can generate more value from this segment in the coming years.

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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 Chair Gensler on PCAOB’s Determinations Regarding Public Accounting Firms in China

Harvard Corporate Governance

Posted by Gary Gensler, U.S. Securities and Exchange Commission, on Friday, December 16, 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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To regionalize or not? Optimizing North American supply chains

Mckinsey and Company

Companies have much to consider when deciding whether to relocate all or part of their production and supply chain footprints to meet North American market needs.

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Planning for 2023: How US-based businesses can succeed when capital and talent are constrained

Mckinsey and Company

The Great Recession demonstrated the value of capital discipline. As interest rates are staying higher for longer, US-based leaders can put those lessons to work.

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Musk seeks to sell Twitter shares in search of new funds

Financial Times M&A

Investors approached to purchase stock at $54.

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How people and organizational moves can power up energy firms in 2023

Mckinsey and Company

A shifting landscape means energy companies need to rev up —and people and organizational topics are at the heart of firms that are successfully navigating the road ahead.

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RIV Capital Completes Final Closing Of Etain Acquisition

Benzinga

RIV Capital Inc. (OTCPK:CNPOF) (CSE:RIV) has completed the final closing of its previously announced transaction involving Etain, LLC – owner and operator of a legally-licensed registered organization with cannabis cultivation and manufacturing facilities, and retail dispensaries in the state of New York – and Etain IP LLC. Final Closing Transaction Details.

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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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Intangible Assets: How Must the Costs Incurred Be Capitalized?

Machen McChesney

These days, most businesses have some intangible assets. The tax treatment of these assets can be complex. What makes intangibles so complicated?

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Hormel Foods Acquires 29% Stake In Indonesia's Garudafood

Benzinga

Hormel Foods Corp (NYSE: HRL ) has acquired a minority stake in PT Garudafood Putra Putri Jaya Tbk , one of the largest food and beverage companies in Indonesia. The financial terms were not disclosed. Hormel Foods purchased approximately 29% of the. Full story available on Benzinga.com.

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Hedge Fund Makes Concessions In Tegna Go-Private Deal

Law 360 M&A

Standard General said Friday that if regulators approve the hedge fund's buyout of Tegna Inc., cable and satellite TV providers that carry Tegna TV stations will not be forced to accept retransmission consent terms other providers have worked out with Standard's partner, Cox Media Group.

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ADHC To Acquire Cannabis Firm & Amazon Vendor Rolls Choice

Benzinga

American Diversified Holdings Corporation (OTC: ADHC ) confirmed Friday it has reached an agreement to acquire Rolls Choice , a southern California-based cannabis firm, and an Amazon (NASDAQ: AMZN ) vendor. Rolls Choice is currently ADHC Joint Venture/Acquisition partner. In June 2022, ADHC announced that www.amazon.com has started selling Rolls Choice cannabis adhesive pen.

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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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German e-health offerings expand, but adoption remains uneven

Mckinsey and Company

The e-Health Monitor 2022 for Germany shows increased adoption of the telematics infrastructure and of several citizen-focused digital offerings, but a lag in the use of electronic patient records and an uncertain outlook for e-prescriptions.

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Maxar Technologies Agrees To Be Acquired By Advent At 129% Premium

Benzinga

Maxar Technologies Inc (NYSE: MAXR ) has entered into a definitive merger agreement to be acquired by Advent International , a global private equity investor. The all-cash deal values Maxar at an enterprise value of approximately $6.4 billion. The $53.00 per share cash purchase price represents a. Full story available on Benzinga.com.

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The future of US manufacturing is hiding in plain sight

Mckinsey and Company

In the United States, the glory days of manufacturing could once again be possible. Industrial tech companies, get ready for your close-up.

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US Audit Agency Can Now Inspect & Investigate Chinese Firms, US Senate Passes $858B In Annual Defense Spending: Today's Top Stories

Benzinga

Reuters. US Embargo On China Intensifies, Ban Extends To AI Chip Sector. The U.S. government added Chinese memory chipmaker Yangtze Memory Technologies Co, Ltd and 21 "major" Chinese players in the artificial intelligence chip sector to a trade blacklist. The U.S. added YMTC to the list over fears of diverting American technology to previously blacklisted Chinese tech giants Huawei Technologies Co Ltd and Hikvision.

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Robey Warshaw partners share £30mn in Osborne’s first year

Financial Times M&A

The firm’s best-paid partner received £17.

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Increasing Law Firm Polarization Will Degrade Rule Of Law

Law 360 M&A

As evidenced in recent instances of law firms separating from attorneys who represented certain industries or espoused certain views, firms and the legal practice itself have grown troublingly polarized and intolerant of dissent, says Rebecca Roiphe at New York Law School.

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Value Drivers for Bars and Nightclubs

Peak Business Valuation

Over the past 5 years, the bar and nightclub industry experienced growth. This expansion was negatively reversed by the COVID-19 pandemic. The severe decline for bars and nightclubs is slowly rebounding as the economy recovers. If you are looking to buy , sell, or grow a bar or nightclub it is important to understand what drives the value of a bar or nightclub. .

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Albertsons Says AGs Want To Replace Its Dividend Judgment

Law 360 M&A

Kroger and Albertsons urged the D.C. Circuit not to let the attorneys general of D.C., California and Illinois "substitute their judgment" in place of the companies' boards' and block Albertsons from paying a $4 billion dividend to shareholders ahead of its merger with its supermarket rival.

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The Ultimate Checklist for Selling a Business

Midstreet Blog

If you’ve spoken with a business brokers about getting your business sold, they’ve probably given you a high level explanation of the selling process. But, with all the moving parts and hired professionals involved, it can be hard to know what your responsibilities are once this process begins. At MidStreet, we’ve helped hundreds of business owners sell their businesses.

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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 Italian motorsport team Prema Racing speed into a claim against the Bank of Scotland, a team of Swiss attorneys begin legal action against a Russian refinery and Sberbank, and Jones Day sued by a professional investor over surveillance carried out by German payments company Wirecard. Law360 looks at these and other new claims in the U.K.

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Profitability For Canopy And Cronos Is Elusive, Plus Cannabis Headwinds In 2023

Benzinga

This was another challenging year for the legal cannabis industry. In the U.S., there was no significant reform on the federal level — especially when it came to marijuana banking progress (although, there’s still a chance for this in the lame-duck). Cannabis de-scheduling also stalled. Bank of America analyst Lisa K. Lewandowski said that the industry is still nascent, having potential for years of legal sales growth, pushed by the new legal markets and expansion in existing ones.

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French Publisher Vivendi Offers EU Fix For Lagardère Deal

Law 360 M&A

French media conglomerate Vivendi has offered Europe's competition enforcer a fix after the agency raised concerns about its planned purchase of Lagardère over celebrity magazine and French-language book publishing.

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Spanish Energy Company Repsol Bolsters Renewables Business Via Asterion Energies Acquisition

Benzinga

Repsol SA (OTC: REPYY ) has acquired Asterion Energies from European infrastructure fund Asterion Industrial for €560 million plus up to €20 million in contingent payments. Repsol expects the deal to strengthen its presence in key European markets and consolidates its international expansion in OECD markets. Asterion Energies manages a portfolio of renewable.

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Taxation With Representation: Wachtell, Davis Polk, Cravath

Law 360 M&A

In this week's Taxation With Representation, M3-Brigade Acquisition III Corp. will merge with Greenfire, Southwest Gas will sell MountainWest Pipelines, and Weber will be taken private.

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Alphabet's Robotics Arm Intrinsic Consolidates Position With Latest Acquisition

Benzinga

Alphabet Inc's (NASDAQ: GOOG ) (NASDAQ: GOOGL ) Intrinsic division acquired several divisions within Open Robotics, famous for robotics software packages Gazebo and Robotic Operating System (ROS). The financial terms of the deal remained undisclosed. Intrinsic bought Open Source Robotics Corporation (OSRC), the for-profit arm of Open Robotics, and Open Source Robotics Corporation Singapore (OSRC-SG), known for efforts on Open-RMF for interoperability between fleets of robots and physical inf

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Meta Calls FTC Expert's Market Definition 'Fatally Unreliable'

Law 360 M&A

Meta asked a California federal court to toss out the opinion of the Federal Trade Commission's economist that supported the agency's bid to block the company's deal to buy virtual reality device app developer Within, arguing that the expert relied on a "nonsensical" survey he didn't oversee.

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Appalachian Production Holds True Despite Market Disruptions

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. The cost of producing oil and gas depends on the geological makeup of the reserve, depth of reserve, and cost to transport the raw crude to market. We can observe different costs in different regions depending on these factors.

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Meta Exec Says Expanding VR Uses Is 'Like Pokemon For Us'

Law 360 M&A

A Meta executive testified Friday in an evidentiary hearing over the Federal Trade Commission's challenge of Meta's acquisition of fitness-app maker Within that Meta prioritizes getting VR apps with different capabilities onto its platform, saying such VR "use cases" are "like Pokemon for us, we have to collect them all.

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Directors’ Deals: Telecom Plus chair rings up a big disposal

Financial Times M&A

Company looks well placed during a cost of living crisis

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Capital Markets Activity Plunged To Earth In 2022

Law 360 M&A

Capital raising plummeted in 2022 under stress from economic and geopolitical headwinds, ending a pandemic-era boom and forcing deals advisers to navigate a rocky landscape in which corporate financing became costlier. Here, Law360 looks at the year that was in capital markets.