Mon.Oct 30, 2023

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Political grammars of justification and cost-benefit analysis in SEC rulemaking

Harvard Corporate Governance

Posted by Lisa Baudot (HEC Paris) and Dana Wallace (University of Central Florida), on Monday, October 30, 2023 Editor's Note: Lisa Baudot is an Associate Professor of Accounting and Management Control at HEC Paris, and Dana Wallace is an Associate Professor of Accounting at University of Central Florida Kenneth G. Dixon School of Accounting. This post is based on their article forthcoming in the Journal of Accounting and Public Policy.

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KKR Closes Deal to Buy Simon & Schuster

NYT M&A

The process of selling Simon & Schuster has been long and tumultuous, and was waylaid by an earlier antitrust suit.

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Strive Asset Management vs. Engine No. 1: How Did the Activists Vote?

Harvard Corporate Governance

Posted by Alyssa Stankiewicz and Lindsey Stewart, Morningstar, Inc, on Monday, October 30, 2023 Editor's Note: Alyssa Stankiewicz is an Associate Director of Sustainability Research and Lindsey Stewart is a Director of Investment Stewardship at Morningstar, Inc. This post is based on their Morningstar memorandum. Related research from the Program on Corporate Governance includes The Illusory Promise of Stakeholder Governance (discussed on the Forum here ) by Lucian A.

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Government Contractors Procuring Products from Certain Parts of China Subject to New Rule

Gross Mendelsohn

Any government contractor that procures products from the Xinjiang Uyghur Autonomous Region of the People's Republic of China is affected by a new ruling by the Department of Defense (DoD). This ruling takes effect October 30, 2023.

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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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Internal audit wastes so much time on policies, documentation, and more!

Norman Marks

For years now, I have been preaching (sorry) about the need for internal auditors to cut out any activity that doesn’t create value for its customers in management and on the board. This is an essential element in the great discipline, originally used in manufacturing by Toyota, called Lean.

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Broadcom-VMware merger held up as China delays $69bn deal

Financial Times M&A

US chipmaker and cloud software companies insist transaction will complete ‘soon’ despite missing Monday’s scheduled close

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More Trending

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The Scariest Thing That Faces Family Business Directors

Auto Dealer Valuation Insights

Happy Halloween! This week, we have four frightening guests who share their most terror-inducing family business challenges. It’s definitely not for the faint of heart, but if you are brave enough to face your fears, check it out! Get your preferred copy of the book, The 12 Questions That Keep Family Business Directors Awake at Night, here. The Scariest Thing That Faces Family Business Directors.

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FounderMetrics: Piers Linney, investor

Vested

Introducing FounderMetrics : the brand new podcast hosted by founder and CEO Ifty Nasir. FounderMetrics delves deeply into the metrics that truly matter to equip you with the knowledge you need to make mighty decisions. We hope Ifty’s candid conversations with the UK’s biggest business brains will motivate you to smash your goals! Joining Ifty for the very first episode is Piers Linney , an accomplished banker, venture capital lawyer, entrepreneur and former Dragon’s Den investor!

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Breaking Down Silos: 3 Steps to Build a Resilient IT Risk Program

Audit Board

Today’s business and IT leaders face unprecedented challenges in understanding and quantifying IT risk. Beyond the increasingly complex and interconnected nature of risk, the SEC’s new cybersecurity rules require public companies to (1) continuously monitor, assess, and disclose material cybersecurity events within four business days and (2) annually disclose cybersecurity risk management and governance activities, including how cybersecurity risk management is integrated into the overall risk m

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Game-Changing Software to Bring Your Annual Plan to Life

Rhythm Systems

In a rapidly changing business landscape, CEOs of mid-market companies are facing numerous challenges, as highlighted by the winter 2023 Fortune/Deloitte CEO survey. These challenges include balancing growth objectives with economic realities, addressing tactical issues, navigating inflationary pressures, and striking a balance between short-term investor demands and long-term value.

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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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Addressing racial bias in AI

Avanade

Explore the origins, manifestations, and potential solutions for addressing racial bias in AI, emphasizing the importance of ethical and inclusive AI development.

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Allen & Overy sells legal tech unit to private equity groups

Financial Times M&A

UK law firm is latest business to take PE money to help expand non-core units

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Busted Deals: Q3 Deal Terminations Lowest Since 2020

John Jenkins

According to this S&P Global report, despite the increasing challenges buyers face in obtaining financing and the other macro headwinds facing dealmakers, Q3 deal terminations reached their lowest level since 2020. Here are some of the key takeaways from the report: – Only two private equity-backed deals terminated in Q3 2023.

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Fast-fashion group Shein buys UK brand Missguided

Financial Times M&A

Chinese online retailer faces growing threat from new rival Temu

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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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How to Value a Nursing Home or Assisted Living Facility

Peak Business Valuation

Businesses in the nursing and assisted living industry provide nursing, rehab, and long-term living quarters for people with illnesses or disabilities. According to IBIS World , there are over 27,000 nursing homes or assisted living facilities in the United States. Together, these facilities generate over $30 billion in revenue per year. We can expect steady growth to continue in the coming years.

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The roadblock to a $69bn mega-deal

Financial Times M&A

Plus, Elliott’s bet on Western Digital comes under pressure and companies’ favourite new way to strike a private equity deal

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Crisp Acquires Atlas Technology Group from Advantage Solutions to Empower CPG Brands with Better Data

Benzinga

IRVINE, Calif., Oct. 30, 2023 (GLOBE NEWSWIRE) -- Advantage Solutions Inc. (NASDAQ: ADV ), a leading provider of outsourced sales and marketing services to consumer goods manufacturers and retailers, has announced the sale of its Atlas Technology Group's business to Crisp , the open-data retail platform for the consumer goods industry. Atlas Technology Group is an analytics provider serving many of the world's largest consumer packaged goods (CPG) companies.

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Western Digital to split in two after abandoning merger talks with Kioxia

Financial Times M&A

Move to spin off flash memory unit from hard drive business represents win for activist investor Elliott

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Heidelberg Materials North America Acquires Bach & Co. Assets

Benzinga

Irving, Texas, Oct. 30, 2023 (GLOBE NEWSWIRE) -- Heidelberg Materials North America announced today that it has acquired the aggregate assets of Bach & Co. in New York. The assets include a sand & gravel site and additional high-quality reserves within the company's existing Northern New York State footprint. "The acquisition of the Bach.

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Western Digital: with no merger miracle, Elliott looks to Wall Street

Financial Times M&A

With the Kioxia tie-up apparently dead, the question is whether another transaction is in the works

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Supreme Court Won't Rethink Cognizant's Slashed IP Award

Law 360 M&A

The U.S. Supreme Court has declined to review an appeal of a Second Circuit decision throwing out part of a lower court's award of roughly $285 million in compensatory damages, which Cognizant won on a federal trade secrets claim in a suit alleging its business information was swiped by an information technology company.

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Debevoise & Plimpton Discusses Fifth Circuit Decision to Uphold Nasdaq Board Diversity Rule

Reynolds Holding

On October 18, 2023, the Fifth Circuit, in Alliance for Fair Board Recruitment v. SEC , upheld Nasdaq’s board diversity rule. [1] The rule, approved by the Securities and Exchange Commission in August 2021, requires Nasdaq-listed companies to disclose board-level diversity statistics and to have diverse directors or explain why they do not. For operating companies with boards of more than five members (other than small operating companies and foreign issuers), this requires having one director w

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Amazon Brand Buyer Benitago Gets OK To Use Cash In Ch. 11

Law 360 M&A

Amazon brand aggregator Benitago Inc. received interim approval from a New York bankruptcy judge Monday to use cash collateral and its cash-management system after the company and the Office of the U.S. Trustee agreed to table potential disputes about the orders until a later hearing.

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Addressing Climate Change Requires Creating Utilities With Purpose

Reynolds Holding

Environment, social, and governance (ESG) reporting has become a mainstay of corporate and investment decision-making. Corporations are increasingly making ESG disclosures to assess and limit risks, bolster their reputations, and attract and keep customers. In a new paper, we focus on one subset of public corporations – large, investor-owned electric utilities (IOUs) – and their progress or, lack thereof, toward meaningfully achieving ESG goals.

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Skadden-Led IFF Sells Cosmetic Ingredients Biz For $810M

Law 360 M&A

Skadden Arps Slate Meagher & Flom-advised International Flavors & Fragrances Inc. announced on Monday that it has agreed to sell its cosmetic ingredients business, which is primarily made up of its Lucas Meyer Cosmetics brand, to Swiss specialty chemical company Clariant AG, advised by Simpson Thacher & Bartlett LLP, for $810 million.

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Appraiser Newsroom - Untitled Article

Appraiser Newsroom

This month our strategic efforts focused on developing new members, participating in appraisal profession events, forming partnerships, promoting our new ASAConnect online community and spotlighting upcoming notable educational offerings. Membership Development In efforts to grow our aircraft valuation education and accreditation programs, we headed out to Las Vegas, NV where we hosted our ASA Aircraft Asset Management Special Event and participated in the 2023 NBAA Business Aviation Convention

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SEC Relieves Private Debt Issuers From New Disclosure Rules

Law 360 M&A

The U.S. Securities and Exchange Commission on Monday granted certain corporate bond issuers sought-after relief from new disclosure rules aimed largely at companies whose unlisted securities trade over the counter.

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Frasers/Missguided: canny retail groups put fashion IP on their shopping lists

Financial Times M&A

Turmoil in the retail sector has thrown up bargains

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FCC Wants More Info On T-Mobile's $1.35B Mint Mobile Deal

Law 360 M&A

The Federal Communications Commission has asked for a wide range of new information tied to T-Mobile's planned $1.35 billion purchase of Mint Mobile, including how the carrier plans to "supercharge" the prepaid wireless brand as promised.

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3 Principles for Integration Success, in a Perfectly Framed Case Study

M&A Leadership Council

Sometimes Complete Integration Isn't the Right Answer By Jeffrey Cartwright, M&A Leadership Council Alum and Managing Partner of Shoreview Advisors If you’ve ever dived into M&A strategy, you’ve undoubtedly read about “Newellization,” the acquisition strategy named for a once-tiny household goods company in Freeport, Illinois. There are four key principles of Newellization: Consolidate market position – improve service levels and customer relationships Rationalize capacity and product l

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Chancery Urged To Reject 'Hindsight' Basis For SPAC Suit

Law 360 M&A

Attorneys for two former officers of an electric vehicle startup that collapsed into Chapter 7 last year after being taken public in a "blank check" company deal once valued at $1.4 billion told Delaware's chancellor Monday that "hindsight" can't support stockholder damages liability.

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