Mon.Oct 31, 2022

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Stakeholderism Silo Busting

Harvard Corporate Governance

Posted by Aneil Kovvali (Indiana University Maurer School of Law) , on Monday, October 31, 2022 Editor's Note: Aneil Kovvali is an Associate Professor of Law at the Indiana University Maurer School of Law, Bloomington. This post is based on his recent paper , forthcoming in the University of Chicago Law Review. Related research from the Program on Corporate Governance includes The Illusory Promise of Stakeholder Governance (discussed on the Forum here ) and Will Corporations Deliver Value to

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How Does Board-Shareholder Engagement Really Work?

Reynolds Holding

Board-shareholder engagement plays an important role in corporate governance. In the last decade, investors have increasingly influenced business decisions, and their activities have extended beyond the formal submission of shareholder resolutions for voting at annual meetings. On their part, directors and managers have kept an open channel of communication.

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Statement by Commissioner Peirce on Proposed Amendments Regarding Service Providers Oversight

Harvard Corporate Governance

Posted by Hester M. Peirce, U.S. Securities and Exchange Commission, on Monday, October 31, 2022 Editor's Note: Hester M. Peirce is a Commissioner at the U.S. Securities and Exchange Commission. This post is based on her recent public statement. The views expressed in this post are those of Commissioner Peirce and do not necessarily reflect those of the Securities and Exchange Commission or its staff.

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Stepping up: What COOs will need to succeed in 2023 and beyond

Mckinsey and Company

COOs are increasingly important to corporations, but what skills will they need to perform at their best? Business leaders weigh in.

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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 Proposed Amendments Regarding Service Providers Oversight

Harvard Corporate Governance

Posted by Gary Gensler, U.S. Securities and Exchange Commission, on Monday, October 31, 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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The future of mobility: Transforming to be ahead of the opportunity

Mckinsey and Company

As electric mobility gains momentum in India and other countries, it could prompt disruptions and structural shifts in the automotive industry. This report outlines possible strategies for India’s automotive component manufacturers to adapt to these shifts, turning disruptions into an avenue to tap new, emerging value pools.

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More Trending

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Renewable-energy development in a net-zero world: Land, permits, and grids

Mckinsey and Company

Finding large tracts of land for solar and wind farms is getting harder. Developers will have to strengthen capabilities and enhance their operational effectiveness.

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Penguin Random House’s Bid to Acquire Simon & Schuster Blocked by Judge

NYT M&A

The government’s case blocked the merger of two of the United States’ largest publishers and reflected a more aggressive approach to curbing consolidation. It was closely watched by the publishing industry.

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Inflation fighter and value creator: Procurement’s best-kept secret

Mckinsey and Company

New sources of value are available for businesses that use their procurement function to combat persistent inflation and build resilience amid ongoing turbulence.

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Deloitte and AuditBoard Team Up to Help Companies Streamline and Enhance the Quality of ESG Program Management and Reporting

Audit Board

LOS ANGELES, CA — October 31, 2022 — Deloitte & Touche LLP and AuditBoard today announced an extension of their strategic business alliance that will help companies simplify environmental, social, and governance (ESG) reporting, unify their ESG data, streamline evidence collection, and automate ESG activities to enable greater visibility. The alliance extension allows companies to address their ESG initiatives by utilizing AuditBoard’s innovative cloud-based platform for audit, risk, and c

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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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Conversations in Mobility: Meeting consumer demand with EV charging infrastructure

Mckinsey and Company

In an interview at the M30 Mobility Summit, EVgo’s Cathy Zoi shares her views on the latest developments in mobility.

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Want Better Employee Engagement? START With Your Values!

Rhythm Systems

I know, I know; you've heard it all before! These are the top things to do to retain and attract talent and increase employee engagement in your organization (insert a number of excellent reads here)! I'm sure you've heard this many times and have read at least a few top-tier articles on managing employee engagement.

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Court Blocks Penguin's $2.2B Simon & Schuster Deal

Law 360 M&A

U.S. District Judge Florence Y. Pan issued an order Monday blocking Penguin Random House LLC's planned $2.18 billion purchase of Simon & Schuster after finding the move would likely hurt competition in the market for the rights to anticipated top-selling books.

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Blackstone braves frigid debt financing market with $14bn Emerson unit deal

Financial Times M&A

Private equity firm teams up with sovereign wealth funds in buyout of US conglomerate’s climate tech arm

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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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Diatribes Against Appraisers

Appraisers Blog

What’s even more frustrating to me is none of the well-known appraiser organizations have offered any public rebuttal to any of these hit pieces, or explained how the appraisal process works as a way to defend appraisers… Census Tract data delineating RACE of the population is the only ammunition the people doing these hit pieces can use to attack appraisers.

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Putting the patient first: A conversation with Roche’s Moritz Hartmann

Mckinsey and Company

The global head of information solutions for a leading healthcare provider explains the importance of technological and management innovation in helping to serve patients in new ways.

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Judge blocks Penguin Random House and Simon & Schuster $2.2bn megamerger

Financial Times M&A

Court decision after trial is a victory for US antitrust enforcers

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Cineworld Makes Deal To Pursue Buyer, Pay Theater Rent

Law 360 M&A

A Texas bankruptcy judge on Monday gave movie theater chain Cineworld final approval to tap into $1.9 billion in Chapter 11 financing, after hearing that the company had struck a deal with creditors to seek a buyer and pay at least $20 million in back rent.

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Norman’s Survey of Risk Management Effectiveness

Norman Marks

I would appreciate your helping me with a short survey. It should only take a few minutes. The questions ask for your assessment of the management of risk at your organization, whether you are a board member, in management, a practitioner, a consultant, or hold a different position. I will share the results next week. […].

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Musk Dissolves Twitter Board Of Directors After $44B Buy

Law 360 M&A

Tesla Inc. CEO Elon Musk dissolved Twitter's board of directors, leaving him as the sole director of the social media platform that he bought through a $44 billion deal last week, Twitter said in a U.S. Securities and Exchange Commission filing.

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Fair Market Value vs. Strategic Value: How Do They Compare?

Quantive

There are two main ways to determine a company’s value – fair […]

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Dem Senator Calls For CFIUS Probe Of Saudi Twitter Stake

Law 360 M&A

A Democratic U.S. senator called on the Committee on Foreign Investment in the United States to investigate the national security implications of Saudi Arabia's stake in Twitter on Monday, just days after Elon Musk completed his acquisition of the social media giant in a $44 billion, $54.20-per-share deal.

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Fair Market Value vs Strategic Value: How Do They Compare?

Value Scout

There are two main ways to determine a company’s value – fair market value and strategic value. Both strategic and fair market value determine a company’s value, just based on different factors and criteria. Both strategies require willing buyers and sellers, but the methods have different meanings beyond that. You might wonder why there would be two ways to value a company, but it all comes down to what you’re trying to measure.

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IRobot Shareholder Sues In Del. For $1.7B Amazon Deal Docs

Law 360 M&A

An iRobot Corp. shareholder sued in Delaware's Court of Chancery on Monday for corporate records to investigate events leading up to Amazon.com Inc.'s agreement to buy the company for $61 per share, alleging possible violations of federal securities laws or breaches of fiduciary duty leading up to the deal.

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Trick or tweet: Elon’s in charge now

Financial Times M&A

Plus, how the Issa brothers bought private jets with loans from their petrol station empire and Michael Klein’s plans for CS First Boston

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My Favorite Law Prof: How I Learned To Put Law Into Practice

Law 360 M&A

Massachusetts U.S. Attorney Rachael Rollins looks back at how Judge Charles Spurlock's trial advocacy class at Northeastern University School of Law challenged her to apply what she had already learned about civil and criminal procedure, evidence and criminal law to solving real-world problems.

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New Acquisition Adds To Thermo Fisher's Specialty Dx Portfolio, Analyst Says

Benzinga

Thermo Fisher Scientific Inc (NASDAQ: TMO ) agreed to acquire The Binding Site from Private Equity Nordic Capital for $2.6 billion , implying an 11x 2023E sales of $242 million. SVB Securities maintains an Outperform rating on the stock. The Binding Site is expected to deliver $220 million in 2022. SVB writes that 11x 2023E sales appear much higher vs. the 6x that Thermo Fisher paid for Phadia ($3.5 billion) in 2011.

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Catching Up With Delaware's Chancery Court

Law 360 M&A

Last week marked the beginning of the end of Elon Musk's Chancery Court dispute with social media giant Twitter — just in time for the court to hear new board disputes at DocuSign and Masimo Corp. and stockholder merger challenges against EVO Payments Inc. and Pzena Investment Management.

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Blackstone/Emerson: vendor fills financing void left by banks

Financial Times M&A

Direct lending from private credit firms is efficient but pricey

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Liberty Mutual Not Responsible For 3M Settlement Costs

Law 360 M&A

Liberty Mutual doesn't owe ceramics manufacturer Ceradyne Inc. any coverage for shareholder lawsuits resulting from its acquisition by 3M, a California federal judge ruled Monday, finding the company didn't suffer a covered loss under its policy.

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Unfriended? Long-Term Planning and Facebook’s Stock Collapse

Auto Dealer Valuation Insights

Meta Platforms (NASDAQ: META), formerly known as “Facebook,” recently released its third-quarter earnings and guidance for 2023. Let’s just say the market was less than pleased. Meta’s stock fell over 20% in after-hours trading, which is down over 65% year-to-date. Per Figures 1 and 2, the stock is currently sitting at its lowest level since 2016, with a corresponding decline in implied valuation.

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Why raising funds for your startup comes at a price

Vested

You would think that raising funds for your business would be a free affair. After all, you’re looking for money to come into your business, not go out. Yet, many founders are taken aback at the hidden costs related to fundraising. If you want to make sure you’re not losing cash when you should be making it, it pays to think ahead. You don’t want to go into a round of pitching to investors only to realise that a chunk of what you’ve raised is about to disappear into thin air.

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Tesla Explored Minority Stake In Glencore, TuSimple Fires Its CEO Amid Regulatory Scrutiny, Twitter Could Reportedly Lose A Fourth Of Its Employees After Takeover: Top Stories Monday, Oct. 31

Benzinga

Washington Post. Twitter Could Reportedly Lose Up To 25% Or More Workforce After Musk's Takeover. Members of Tesla Inc CEO Elon Musk's inner circle discussed with the remaining senior executives of Twitter Inc (NASDAQ: TWTR ) regarding the site's approach to content moderation and laying off 25% of the workforce to start. Twitter has over 7,000 employees.

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Winstead Adds Shareholder From Kelly Hart In Fort Worth

Law 360 M&A

Winstead PC has bolstered its corporate securities and M&A group with the addition of a shareholder in Fort Worth who boasts considerable experience across a broad range of industries.

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