Harvard Corporate Governance

APRIL 8, 2024

Posted by Gregory V. Gooding, Maeve O'Connor, and William D. Regner, Debevoise & Plimpton LLP, on Monday, April 8, 2024 Editor's Note: Gregory V. Gooding , Maeve O’Connor , and William D. Regner are Partners at Debevoise & Plimpton LLP. This post is based on a Debevoise memorandum by Mr. Gooding, Ms. O’Connor, Mr. Regner, Susan Reagan Gittes , and Jeffrey J.

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Mckinsey and Company

APRIL 8, 2024

In a world of rapid change, looking for certainty can obscure opportunity. Taking smaller yet bold steps provides a more sure-footed path through uncertainty.

Corporate Finance 131

Corporate Finance Finance 131

Harvard Corporate Governance

APRIL 8, 2024

Posted by Zachary J. Gubler (Arizona State University), on Monday, April 8, 2024 Editor's Note: Zachary J. Gubler is Marie Selig Professor of Law at the Arizona State University Sandra Day O’Connor College of Law. This post is based on his article forthcoming in the University of Chicago Law Review. There’s an old and venerable way of talking about corporate fiduciary duties that maintains that they are owed to the corporate entity itself.

Equity 225

Equity 225

Benzinga

APRIL 8, 2024

A potential merger between media companies Skydance and Paramount Global (NASDAQ: PARA )(NASDAQ: PARAA ) has dominated headlines and could see further consolidation in the media sector. One shareholder of Paramount Global is calling out the merger efforts, which could provide cash to Shari Redstone and leave Paramount shareholders with a diluted value.

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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.

Marketability

Harvard Corporate Governance

APRIL 8, 2024

Posted by Riyaz Lalani and Dan Gagnier, Gagnier Communications, on Monday, April 8, 2024 Editor's Note: Riyaz Lalani is Managing Director, and Dan Gagnier is Founder and Managing Partner at Gagnier Communications. This post is based on their Gagnier Communications memorandum. What Changed? Friendly, board-supported M&A transactions, are routinely being challenged by shareholders.

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Mckinsey and Company

APRIL 8, 2024

For everyone from repair copilots to clerical assistants, generative AI can improve productivity and ease labor shortages. How can airlines and related companies get the basics right?

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Mckinsey and Company

APRIL 8, 2024

As the space economy expands, it could create value for multiple industries and solve many of the world’s most pressing challenges.

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Law 360 M&A

APRIL 8, 2024

Prickett Jones & Elliot, Grant & Eisenhofer PA, and Kessler Topaz Meltzer & Check will together represent a proposed class of investors in grill maker Weber Inc. in consolidated litigation in Delaware's Court of Chancery over a $3.7 billion squeeze-out by private equity firm BDT Capital Partners LLC, Chancellor Kathaleen St. Jude McCormick decided on Monday in what she described as a "close call.

Private Equity Firm 98

Private Equity Firm Equity 98

NYT M&A

APRIL 8, 2024

The low-cost airline, which has been unprofitable for four years, is trying to reduce costs after a federal judge blocked a proposed deal for JetBlue to acquire Spirit.

Mergers & Acquisitions 87

Mergers & Acquisitions 87

Law 360 M&A

APRIL 8, 2024

Patients who cut a $55 million antitrust settlement with NorthShore University HealthSystem are urging an Illinois federal court to reject objections by United Healthcare Services, arguing that the insurer has no standing to derail the deal and that its challenge to the agreement could dilute their recovery.

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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

Corporate Finance

Machen McChesney

APRIL 8, 2024

Worker productivity has been in the headlines recently. One reason is the easy access employers have to the many technologies that can monitor employees — from software that tracks when an employee swipes their badge at work to software that notes how long someone is at their computer and what they do while they are there. Another is a certain manifesting distrust of workers, particularly the increased numbers of remote workers.

Technology 84

Technology 84

Law 360 M&A

APRIL 8, 2024

Rachael Martinez and Brooke Bahlinger at Foley highlight recent trends in the hotly contested regulation and enforcement of noncompetition and related nonsolicitation covenants, and provide guidance on drafting such provisions within the context of stand-alone employment agreements and merger or acquisition transactions.

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Machen McChesney

APRIL 8, 2024

Reporting on environmental, social, and governance (ESG) matters is an increasingly crucial area of corporate compliance. While ESG reporting and disclosure apply primarily to public companies, there are efforts aimed at requiring private companies to also report on these matters. For example, the European Union’s Corporate Sustainability Reporting Directive requires private organizations that meet specific criteria to publish social and environmental risks and their impacts.

Compliance 83

Compliance 83

Law 360 M&A

APRIL 8, 2024

A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

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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.

Marketability

Benzinga

APRIL 8, 2024

Monday, Smart for Life, Inc (NASDAQ: SMFL ) announced that it has executed a definitive agreement to acquire Purely Optimal Nutrition , a premier eCommerce nutraceuticals company with operations in North America. A.J. Cervantes, Jr., Smart for Life's founder and Chairman, stated, "As part of our synergistic M&A approach, the resources provided by Smart for Life will enable.

eCommerce 75

eCommerce Marketability 75

BV Specialists

APRIL 8, 2024

There are many reasons why a business owner should engage in an independent third-party appraisal of their company. They may be looking to sell, refinance, restructure, buy out a partner, or bring in new investors. But what about the importance of simply understanding realistically what your company is worth today by hiring a certified, experienced, unbiased professional to provide you with a complete analysis that you can rely on?

Appraisal 73

Appraisal Business Valuation 73

Mckinsey and Company

APRIL 8, 2024

A tsunami of digital innovation is hitting product development. Will your organization surf that wave or be overwhelmed by it?

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Benzinga

APRIL 8, 2024

TechPrecision Corporation (NASDAQ: TPCS ) shares are trading higher after the company announced the termination of the agreement to acquire Votaw Precision Technologies. In particular, the company disclosed the termination of the Stock Purchase Agreement (SPA) between TechPrecision and Doerfer Corporation to acquire Votaw. On April 2, 2024, Doerfer simultaneously notified that it was terminating the SPA effective immediately and, by a separate term sheet, offered to reinstate.

Technology 59

Technology Equity 59

Benchmark Report

APRIL 8, 2024

The waste recycling services market has grown from $58.53 billion in 2023 to $62.22 billion in 2024 at a compound annual growth rate (CAGR) of 6.3%.

Marketability 59

Marketability 59

Law 360 M&A

APRIL 8, 2024

A California federal judge on Monday refused to block Microsoft from further integrating Activision Blizzard into its business after it acquired the gaming titan last year, saying the gamers who are still challenging the union between the companies have a similar motion pending before the Ninth Circuit.

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Benzinga

APRIL 8, 2024

Johnson & Johnson (NYSE: JNJ ) agreed on Friday to acquire Shockwave Medical Inc (NASDAQ: SWAV ) for $335 per share in cash, corresponding to an enterprise value of approximately $13.1 billion, including cash acquired. The acquisition of Shockwave Medical further extended Johnson & Johnson MedTech’s position in cardiovascular intervention and accelerated its shift into higher-growth markets.

Enterprise Value 52

Enterprise Value Marketability 52

Law 360 M&A

APRIL 8, 2024

A former Autonomy finance employee took the stand Monday in the criminal fraud trial of ex-CEO Michael Lynch and finance director Stephen Chamberlain, telling a California federal jury that he was "not comfortable" with one of Chamberlain's invoice requests and was sacked after raising concerns about accounting irregularities.

Finance 52

Finance 52

Benzinga

APRIL 8, 2024

After its previous merger in Australia fell through, Karora Resources (OTCQX: KRRGF ) found a new partner in Westgold Resources (OTCQX: WGXRF ). The two companies have announced a merger valued at $1.45 billion that would unlock considerable synergies and increase production to 400,000 ounces of gold annually. "The Westgold and Karora teams have independently been structuring our businesses for growth for several years, and now is the time to bring these two businesses together.

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Law 360 M&A

APRIL 8, 2024

Sirius XM Holding Inc. stockholders who sued in Delaware's Court of Chancery over an alleged ongoing squeeze-out by Liberty Media Corp. won court approval Monday of a $36 million settlement to end their litigation, along with a $9.6 million payout for their attorneys and $50,000 for the lead plaintiff.

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Benzinga

APRIL 8, 2024

Apartment Income REIT Corp. (NYSE: AIRC ) shares are trading higher after it inked a deal with Blackstone Inc. (NYSE: BX ) to be taken private. In particular, Blackstone Real Estate Partners X entered into a definitive agreement to acquire AIR Communities in an all-cash transaction valued at about $10 billion, including the assumption of debt. The purchase price of $39.12 per share represents a premium of 25% to Apartment Income Communities’ closing share price on the NYSE on April 5, 2024

Equity 52

Equity 52

Law 360 M&A

APRIL 8, 2024

Southwest Gas Holdings Inc.'s infrastructure services unit Centuri Holdings Inc. on Monday unveiled terms for an estimated $242 million initial public offering that would lead to Centuri becoming a standalone public company, represented by Morrison Foerster LLP and underwriters' counsel Skadden Arps Slate Meagher & Flom LLP.

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Benzinga

APRIL 8, 2024

Model N, Inc. (NYSE: MODN ) shares are trading higher after the company announced Vista Equity Partners will acquire it for $1.25 billion. As per the terms, Vista will acquire all the outstanding shares of Model N for $30.00 per share, representing a premium of around 23% over Model N’s 30-trading-day volume weighted average share price as of the close on January 10, 2024, the day before the Model N Board of Directors authorized its financial advisor to contact potential acquirers.

Technology 52

Technology Equity 52

Law 360 M&A

APRIL 8, 2024

Several federal agency leaders said Monday they are working across the government to help boost competition, as Federal Trade Commissioner Rebecca Kelly Slaughter touted the importance of cooperation on competition issues at home and abroad.

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ThomsonReuters

APRIL 8, 2024

The mounting stress experienced by tax professionals related to the tax provision process is a double-edged sword. It can cause anxiety, but may also present tremendous opportunities, according to panelists for the Thomson Reuters webinar: “ From Compliance Necessity to Strategic Advantage: How can you master the tax provision process?” “The tax profession, overall, is facing some significant changes,” says Kelley Lear , Vice President, Partnerships & Alliances, Thomson Reuters, pointing to

Compliance 52

Compliance Technology Finance 52

Law 360 M&A

APRIL 8, 2024

Now that the U.S. Securities and Exchange Commission has convinced a jury that a pharmaceutical executive committed insider trading by purchasing a competitor's stock in a practice often referred to as "shadow trading," attorneys say federal prosecutors might be tempted to dip their toe into the waters of the previously untested legal theory.

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Peak Business Valuation

APRIL 8, 2024

So, you are running a business and wondering about the value of your office equipment. Well, you are in the right place. In this article, we explain the what and why behind office equipment appraisals. Without spoiling too much, an office equipment appraisal identifies the equipment’s financial value. Understanding its value can make all the difference in your business decisions.

Appraisal 52

Appraisal Business Valuation Start-ups Finance 52

Law 360 M&A

APRIL 8, 2024

A Texas anesthesiology company and the private equity firm that created it told a Houston federal judge Monday that the Federal Trade Commission has gone back "many yesterdays ago" in making its antitrust case, arguing that there's no imminent threat of a monopoly in an attempt to get the case dismissed.

Private Equity Firm 52

Private Equity Firm Equity 52

Benzinga

APRIL 8, 2024

Blank check company JVSPAC Acquisition Corporation (NASDAQ: JVSA ) has entered into a merger agreement with the Singapore-headquartered subsidiary of Philippine-listed investment company DoubleDragon Corporation, Hotel101 Global Pte. Ltd. and affiliates. Hotel101 is a hotel prop-tech operator that specializes in asset-light “condotel” business models.

Equity 52

Equity 52

Law 360 M&A

APRIL 8, 2024

Czechoslovak Group A.S. on Monday reaffirmed its commitment to its planned $1.9 billion acquisition of Vista Outdoor's sporting products business, which is also being pursued by rival bidder MNC Capital, noting that it has fully committed financing and has already received antitrust clearance from the Federal Trade Commission.

Finance 52

Finance 52