Fri.Jun 30, 2023

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Weekly Roundup: June 23-29, 2023

Harvard Corporate Governance

Posted by the Harvard Law School Forum on Corporate Governance, on Friday, June 30, 2023 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of June 23-29, 2023. Commentary: Our Proxy Advice is Apolitical Posted by Subodh Mishra, Institutional Shareholder Services, Inc., on Friday, June 23, 2023 Tags: ESG , Institutional Investors , Monetary policy , Proxy advisors , Proxy voting , Shareholder activism Nine Mistakes To Avoid When Transitioning CE

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Why ChatGPT Can't Write Your Annual Plan (and How Rhythm Systems Can)

Rhythm Systems

Many people are turning to artificial intelligence tools to get the job done regarding content writing. One such tool is ChatGPT, a general-purpose chatbot that claims to assist with a wide range of tasks, including creating social media posts, generating blog ideas, and even writing entire marketing plans.

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Musk Wants 2nd Circ. To Rethink His Bid To Undo SEC Deal

Law 360 M&A

Elon Musk wants the Second Circuit to rethink his request to back out of a U.S. Securities and Exchange Commission settlement requiring the CEO to submit to oversight of his Tesla-related tweets, asking the court Friday to address his argument that the consent decree stifles his First Amendment rights.

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LIV Golf Resists Senate Request for Greg Norman’s Testimony on Saudi Deal

NYT M&A

Less than two weeks before a planned hearing about a transaction that could reshape golf, lawmakers are struggling to assemble a witness list.

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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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UK Litigation Roundup: Here's What You Missed In London

Law 360 M&A

The past week in London has seen law firm Simkins LLP hit dot-com investor Robert Bonnier with a breach of contract claim, Russian oligarch and CEO of Nornickel Vladimir Potanin sued for a second time by aluminum giant Rusal, and easyJet’s parent company sue four more companies in trademark claims over the term 'easy.' Here, Law360 looks at these and other new claims in the U.K.

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Buyout groups weigh bids for majority stake in FIS-owned Worldpay

Financial Times M&A

News, analysis and comment from the Financial Times, the worldʼs leading global business publication

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Adobe’s $20bn Figma deal set for full UK antitrust probe

Financial Times M&A

News, analysis and comment from the Financial Times, the worldʼs leading global business publication

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Appellate Funding Disclosure: No Mandate Is Right Choice

Law 360 M&A

The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a miniscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.

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ButcherJoseph Promotes Kevin Parker to Associate

Butcher Joseph & Co.

ButcherJoseph, an investment banking firm specializing in ESOPs, mergers and acquisitions, private capital sourcing and valuation advisory services, p. The post ButcherJoseph Promotes Kevin Parker to Associate appeared first on ButcherJoseph & Co.

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Amgen, Horizon Lodge Constitutional Attack On FTC

Law 360 M&A

Amgen and Horizon Therapeutics have filed counterclaims against the Federal Trade Commission in Illinois federal court, becoming the latest companies to attack the constitutionality of the agency's administrative process amid a merger challenge from the commission.

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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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FTC Proposes Sweeping Changes to Hart-Scott-Rodino Filing Requirements

National Law Review M&A

Benjamin R. Dryden Richard L. Flannery Elizabeth A. N. Haas Diane Hazel Jurisdiction: All Federal James T. McKeown Type of Law: Mergers & Acquisitions Antitrust & Trade Regulation Administrative & Regulatory Gregory E.

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Creating KPIs: How to Create a KPI in 5 Simple Steps (Updated for 2023)

Rhythm Systems

The common mistake many companies make is to start creating a bunch of Key Performance Indicators (KPIs) for their company. They begin with a burst of energy, gather together the team, and work on KPIs in a quarterly planning session. They ask, "What do we need to measure in each department?" This produces 18 to 25 KPIs, a couple for each key executive to work on.

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French Insider Episode 23: M&A in the US: How French Businesses Can Find a Target & Seal the Deal

National Law Review M&A

Sheppard Mullin attorneys discuss business transactions between France and the USA including mergers and acquisitions, how to choose the right target market, and the differences between French and American deals. Podcast.

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Dust Off That Buy-Sell Agreement!

Auto Dealer Valuation Insights

One of the most exciting things in the vintage car world is when a classic model is “discovered” in a barn or a forest, or a field, covered in mud or dust or worse. Special because they’re untouched for decades, usually in original condition, and often with very little wear from use, these so-called “barn-finds” can sell for extraordinary sums at auction.

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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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The Third-Party Risk Universe: Top Trends in 2023

Audit Board

83% of executives only identified third-party risks after initial onboarding had already occurred. While the third-party risk universe has expanded dramatically, risk management hasn’t kept up. AuditBoard and RSM’s new ebook, Third-Party Risk Management: Trends and Strategies to Help You Stay Ahead of the Curve, translates current TPRM trends and lessons learned into actionable ideas to help your organization identify, reduce, and monitor third-party risk.

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Value Drivers for an Apparel Wholesaler

Peak Business Valuation

For the next several years, small business owners in the apparel wholesale industry may face extreme challenges. This includes low-profit margins, intense competition, and vertical merger activity from competitors. While these conditions are not ideal, success is still achievable in the apparel wholesale industry. Merger activity presents a lucrative opportunity if you are looking to sell an apparel wholesaler.

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M&A in the Permian

Auto Dealer Valuation Insights

Transaction activity in the Permian Basin remained flat over the past 12 months. The transaction count decreased slightly to 19 deals, a decline of two from the 21 deals that occurred over the prior 12-month period. This level is in line with the 22 transactions that occurred in the 12 months ended mid-June 2020 but well off the pace of the 27 transactions that closed during the same time period.

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The Third-Party Risk Universe: Top Trends in 2023

Audit Board

83% of executives only identified third-party risks after initial onboarding had already occurred. While the third-party risk universe has expanded dramatically, risk management hasn’t kept up. AuditBoard and RSM’s new ebook, Third-Party Risk Management: Trends and Strategies to Help You Stay Ahead of the Curve, translates current TPRM trends and lessons learned into actionable ideas to help your organization identify, reduce, and monitor third-party risk.

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What's Happening With Baudax Bio Shares Today

Benzinga

Baudax Bio Inc (NASDAQ: BXRX ) shares are surging after the company announced the acquisition of TeraImmune, a privately held biotechnology company focused on discovering and developing novel Treg-based cell therapies for autoimmune diseases. "This merger adds TeraImmune's TI-168 asset to the Baudax portfolio—a promising next-generation, autologous FVIII TCR-Treg cell therapy candidate.

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UK Raises Concerns About Adobe's $20B Figma Deal

Law 360 M&A

Britain's antitrust authority said Friday that Adobe's planned $20 billion takeover of design collaboration company Figma could mean less choice and reduce innovation for designers of websites and apps.

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Cummins Takes Full Ownership Of Hydrogenics, Adding Key Fuel Cell And Electrolyzer Technologies

Benzinga

Cummins Inc (NYSE: CMI ), which owns 81% of Hydrogenics Corporation, has acquired L'Air Liquide SA 's (OTC: AIQUY ) remaining 19% interest, assuming full ownership of key fuel cell and electrolyzer technologies. The financial Full story available on Benzinga.

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Why You Should Sell Your Communication Business In 2023

Benchmark Report

The communications industry has witnessed rapid changes and advancements in recent years, driven by technological innovations and changing consumer demands.

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Donaldson Acquires Univercells Technologies For €136M

Benzinga

Donaldson Company Inc (NYSE: DCI ) announced the acquisition of Univercells Technologies for cash consideration of €136 million. Univercells is a global producer of innovative biomanufacturing solutions for cell and gene therapy research, development, and commercial manufacturing. Univercells Technologies is headquartered in Nivelles, Belgium, and employs over 100 people worldwide.

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Share scheme design: get your free guide

Vested

Want to know what makes a good company share scheme? Our free guide explores what the best share schemes have in common. Read it before designing yours.

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Bausch + Lomb Poised To Boost Presence In Growing Market With Potential $1.75B Drug Acquisition Deal From Novartis

Benzinga

Bausch + Lomb Corporation (NYSE: BLCO ) has agreed to acquire 'front of eye' ophthalmology assets for $1.75 billion in upfront cash, plus additional milestone payments from Novartis AG (NYSE: NVS ), marking the first significant move by CEO Brent Saunders since his return to Bausch + Lomb in March of this year. The deal includes Xiidra (an eye drop for dry eye symptoms), investigational medicine SAF312 (libvatrep) for chronic ocular surface pain, the rights for the use of the AcuStream d

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Seizing the $10 trillion opportunity for the US economy: A CEO’s playbook for restoring productivity growth

Mckinsey and Company

By winning the talent war, igniting business reinvention, balancing energy affordability and productivity, and shaping the economic context, CEOs can lead the charge towards restoring productivity growth, writes Kweilin Ellingrud in Forbes.

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What's Going On With Adobe Stock Friday

Benzinga

Adobe Inc (NASDAQ: ADBE ) stock slips after the U.K. regulator recommended its Figma deal for a deeper probe. The Competition and Markets Authority (CMA) has decided, on the information currently available to it, that it is or may be the case that this merger may likely result in a substantial lessening of competition within the U.K. The CMA has identified concerns in the supply.

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Glencore chief says European investors too focused on ESG

Financial Times M&A

News, analysis and comment from the Financial Times, the worldʼs leading global business publication

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Pipeline Investors Win $1 Per Share In Massive Chancery Win

Law 360 M&A

Canadian energy company TC Energy Corp. owes former Columbia Pipeline Group Inc. shareholders $1 per share for breaches of fiduciary duty during Columbia's $13 billion merger with TC Energy's predecessor TransCanada Corp., damages that total more than $400 million, according to an order issued Friday.

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3D Systems Reaffirms Commitment to Combination with Stratasys

Benzinga

ROCK HILL, S.C., June 30, 2023 (GLOBE NEWSWIRE) -- 3D Systems (NYSE: DDD ) ("the Company") responded to today's announcement by Stratasys Ltd. (NASDAQ: SSYS ) ("Stratasys") that Stratasys continues to refuse to engage with the Company to discuss a business combination transaction despite the opportunity to create superior value for Stratasys shareholders.

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Force Pressure Control Cancels Planned $240M SPAC Merger

Law 360 M&A

Force Pressure Control LLC, which provides pressure control-related rental tools and services to the energy industry, has called off its plans to go public through a $240 million merger with blank-check company Stratim Cloud Acquisition Corp., marking the latest failed deal in a string of canceled SPAC mergers amid tight market conditions.

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Bitcoin Depot and GSR II Meteora Acquisition Corp. Announce Closing of Business Combination

Benzinga

ATLANTA and NEW YORK, June 30, 2023 (GLOBE NEWSWIRE) -- Lux Vending, LLC dba Bitcoin Depot ("Bitcoin Depot" or the "Company"), a U.S.-based Bitcoin ATM operator and leading fintech company, and GSR II Meteora Acquisition Corp. (NASDAQ: GSRM ) ("GSRM"), a special purpose acquisition company, today announced the successful closing of their previously announced business combination (the "Business Combination").

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Once-Dreary IPO Outlook Brightens For Second Half Of 2023

Law 360 M&A

The long-stalled initial public offerings market closed the first half of 2023 on an upswing, marking a potential turning point that experts say bodes well for a pickup in the year's second half and in 2024.

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Ryman Hospitality Properties, Inc. Closes Acquisition of JW Marriott San Antonio Hill Country Resort & Spa from Blackstone Real Estate Income Trust, Inc.

Benzinga

NASHVILLE, Tenn., June 30, 2023 (GLOBE NEWSWIRE) -- Ryman Hospitality Properties, Inc. (NYSE: RHP ) ("Ryman") announced today it has closed the previously announced acquisition of the JW Marriott San Antonio Hill Country Resort & Spa ("JW Hill Country") in San Antonio, Texas from Blackstone Real Estate Income Trust, Inc. Mark Fioravanti, President and Chief Executive Officer of Ryman Hospitality Properties, said, "I want to thank our Ryman team and the Blackstone team for facilitating a smoo

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