Tue.May 23, 2023

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Navigating the Current ESG Landscape: Recommendations for the Board and Management

Harvard Corporate Governance

Posted by Martin Lipton, Wachtell Lipton Rosen & Katz, on Tuesday, May 23, 2023 Editor's Note: Martin Lipton is a founding partner of Wachtell, Lipton, Rosen & Katz, specializing in mergers and acquisitions and matters affecting corporate policy and strategy. This post is based on a Wachtell Lipton memorandum by Mr. Lipton and Carmen X. W. Lu.

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Comment on VA Appraisal Request Form at Heart of AIR Violation Class Action by Michael Ford

Appraisers Blog

Seems ‘thin’ VA has aldo had a Tidewater provision that absolutely runs contrary to AIR. If AV is liwer than contract Tidewater had to be invoked. In a nutshell it tells borrower and agents value is an isdue and come back with your nest support for value (like an ROV in advance.) Flip side…back in 2971 I lesrned CRV / value will not come in higher than requested amount.

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Murder on the City Express – Who is Killing the London Stock Exchange’s Equity Market?

Harvard Corporate Governance

Posted by Brian R. Cheffins and Bobby V. Reddy (University of Cambridge) , on Tuesday, May 23, 2023 Editor's Note: Brian Cheffins is the S. J. Berwin Professor of Corporate Law, and Bobby V. Reddy is an Associate Professor of Finance at the University of Cambridge. This post is based on their recent paper , forthcoming in The Company Lawyer. There has been much debate surrounding the decline of the U.S. public company.

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Comment on VA Appraisal Request Form at Heart of AIR Violation Class Action by Spencer Paul

Appraisers Blog

In reply to Jim. I am as well. The sales contract is a piece of market data that needs to be analyzed. Some one signed a contract that they would pay “x” for said residence and putting down “x” in earnest money and/or an actual down payment. The bank is asking if the assets are worth the note being sought at a minimum, yes or no.

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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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A monthly update on the state of the US consumer: May 2023

Mckinsey and Company

Consumers’ views on the economy are diverging—and their behaviors are, too. Here’s the latest data from our ConsumerWise team.

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Overview of Discontinued Operations Reporting

Machen McChesney

Traditional business models in many sectors have been disrupted by the COVID-19 pandemic, geopolitical uncertainty, rising costs, and falling consumer confidence. If your company is planning a major strategic shift this year, management may need to comply with the updated accounting rules for reporting discontinued operations that went into effect in 2015.

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How effective is your business marketing?

JPAbusiness

The value of your business is heavily impacted by the strength and profile of your brand. How you perform in servicing your customers is obviously a big determinant of brand value, but the way you market your offering and engage with clients, suppliers, staff and your community can also make the difference between moderate performance, and strong and sustained performance.

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How to revive US productivity

Mckinsey and Company

Boosting US productivity represents a $10 trillion opportunity. Here are strategies CEOs can implement now to lead the US to more prosperity.

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Comment on VA Appraisal Request Form at Heart of AIR Violation Class Action by Fed up

Appraisers Blog

In reply to Michael Ford. Mike Ford, Tidewater allows the agents to present sales to support the contract price. However, it is extremely rare that they can. So it’s p **g in the wind and proves the appraisers point that the contract price is too high. It also diffuses the situation where tempers are flaring and shows the agent to be at fault for not representing their buyers’ best interests.

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Carving out new territory in lending: A conversation with Pagaya CEO Gal Krubiner

Mckinsey and Company

Pagaya cofounder Gal Krubiner talks about making “life-changing” financial products available to more people, and why starting a business with friends makes sense.

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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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Comment on VA Appraisal Request Form at Heart of AIR Violation Class Action by Tobby

Appraisers Blog

Given that a lender does not select the VA appraiser or to directly provide the form to the appraiser I do not see how it is an AIR violation. The allegation of including property not in the legal description is another issue.

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A Lawyer's Guide To Approaching Digital Assets In Discovery

Law 360 M&A

The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.

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Comment on VA Appraisal Request Form at Heart of AIR Violation Class Action by Spencer Paul

Appraisers Blog

In reply to Tobby. It is because the lender is providing a predetermined value point they need to hit in order to make the loan work. It doesn’t matter the name of the Appraiser. They don’t care who the appraiser is, but what value point they hit. That is the whole, send a message to the appraiser with the number that work. I literally just got a VA order with a value point listed.

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Calif. Judge Drops Investor Suit Over Musk's Twitter Takeover

Law 360 M&A

A California federal judge has dropped a proposed class action by Twitter investors accusing Elon Musk of sparking an $8 billion drop in the social media giant's valuation when he created doubt about his plans to buy the company, finding that the plaintiff lacks standing because he is no longer a shareholder of the now-private company.

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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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Comment on VA Appraisal Request Form at Heart of AIR Violation Class Action by Spencer Paul

Appraisers Blog

In reply to Tobby. I have already shared my experience with one client where I lost all other work with them that wasn’t VA. I also shared that the regulatory agencies don’t really care, or at least they don’t care about small time stuff. If it was a multi million issue that is reoccurring, a news splash, they won’t lift a finger. Only option is to sue people personally, or take it and move on to new clients.

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Failed Tegna Deal Reveals Increasing Merger Review Hurdles

Law 360 M&A

A deeper look at how the Tegna-Standard General deal derailed during merger review suggests some practical steps that firms should consider to close transactions when dealing with multiple federal agencies operating under a whole-of-government antitrust enforcement approach, say Jody Boudreault and Katherine Dutcher at Baker Botts.

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Comment on VA Appraisal Request Form at Heart of AIR Violation Class Action by Dave Towne

Appraisers Blog

Very interesting. Now, playing devil’s advocate here, couldn’t it be said that providing a Contract for Purchase of a stated property (per USPAP, and GSE/VA/FHA guidelines) to the appraiser, which contains the agreed purchase amount could also be tantamount to ‘influencing the appraiser’ such as this VA case alleges?

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MSG Sues Verizon To Get Records From 'Sham' Liquor Agency Probe

Law 360 M&A

Madison Square Garden is suing Verizon in New York state court for the cellphone records of an investigator for the New York State Liquor Authority, alleging they will show the SLA is investigating the entertainment venue operator at the direction of private outside attorneys "with an ax to grind.

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Comment on VA Appraisal Request Form at Heart of AIR Violation Class Action by Spencer Paul

Appraisers Blog

When I have asked VA about this very topic, should I evoke Tide Water Protocol on orders where this number can’t possibly be met, they simply stated that figure is to be ignored in all cases. However, that number was use in retribution against me that I should have notified the lender/client (Guild in this case) that value needed to get the loan to go through was possible and they should cancel the order.

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Allen & Overy closes in on American dream with $3.4bn Shearman deal

Financial Times M&A

Merger between US and UK firms would create a legal giant with almost 4,000 lawyers worldwide

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Comment on VA Appraisal Request Form at Heart of AIR Violation Class Action by Spencer Paul

Appraisers Blog

In reply to Tobby Pagan. Yes. That is also violation of NAR golden rules, conduct rules 10, 11, 12 and 15 if I remember. They are attempting to influence the market and/or which contractors are permitted to work on site. It is a form of discrimination. However, unless you are actually going to sue someone privately, don’t expect anyone in the regulatory industry to care.

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Pompano Resource Transformation Acquires Gulf Coast Oil Field From Paloma Resources

Business Wire M&A

FORT LAUDERDALE, Fla.--(BUSINESS WIRE)--Pompano Resource Transformation (“Pompano”), a wholly-owned subsidiary of XMC Strategies, today announced that it has acquired a Gulf Coast oil asset, including 33 operated oil wells, from Paloma Natural Gas, LLC, which is owned in part by Houston-based private equity firm EnCap Investments. Financial terms of the transaction were not disclosed.

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Comment on VA Appraisal Request Form at Heart of AIR Violation Class Action by Jim

Appraisers Blog

I am a VA appraiser and I do not recall that box being filled in. While I agree with Dave’s comments it is not unusual for me to find issues with contracts that need correcting. Maybe that is why we get the contract??

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Meta Takes Big Loss In $53M Sale Of Giphy To Shutterstock

Law 360 M&A

Stock photography website Shutterstock Inc. on Tuesday agreed to purchase Giphy Inc. for $53 million from Meta Platforms Inc., which will take a big loss after purchasing the company in 2020 for $315 million.

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Comment on VA Appraisal Request Form at Heart of AIR Violation Class Action by Fed up

Appraisers Blog

Yes. That field should be removed. But it doesn’t stop the borrower from telling you what he needs, while he giggles, knowing he has just attempted to influence you.

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The future of wealth and growth hangs in the balance

Mckinsey and Company

The past two decades have generated $160 trillion in paper wealth but sluggish growth and rising inequality. What comes next?

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Comment on VA Appraisal Request Form at Heart of AIR Violation Class Action by Tobby Pagan

Appraisers Blog

So, a Realtor that refuses access to an appraiser because they killed the Realtor’s last deal could be sued by the appraiser for violating AIR? This could get interesting.

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BT: dealmaker Drahi’s unlikely reinvention as yield investor

Financial Times M&A

UK would probably block full purchase of the telecoms group by a debt-heavy foreign buyer

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Author Talks: What is the key to unlocking digital transformation?

Mckinsey and Company

McKinsey senior partners outline their new book designed to help companies harness the power of digital transformation.

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Moritt Hock Adds 3 Corporate Attys From Warshaw Burstein

Law 360 M&A

Moritt Hock & Hamroff LLP announced Monday that it has hired three New York corporate attorneys from Warshaw Burstein LLP, including a new practice chair.

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Comment on VA Appraisal Request Form at Heart of AIR Violation Class Action by Spencer Paul

Appraisers Blog

In reply to Cindy. The regulator agencies could actually uphold the laws in place. Simple as that. Dodd Frank, Air, etc.

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Williston Financial Group Acquires West Coast Local Retail Title Operations from Doma

Business Wire M&A

SAN FRANCISCO--(BUSINESS WIRE)--Williston Financial Group Acquires West Coast Local Retail Title Operations from Doma

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Why Should I Remove Excess Working Capital from the Business?

Value Scout

Working capital allows your business to grow without incurring debt. Demonstrating positive working capital makes getting loans or other forms of credit easy. Working capital refers to the difference between a company’s current assets and current liabilities (per the balance sheet). The amount the business requires to make regular payments, purchase material to produce goods, and cover unforeseen costs.

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Hydroponic Retailer GrowGeneration Cultivates Success In Alaska With Southside Garden Supply Acquisition

Benzinga

GrowGeneration Corp. (NASDAQ: GRWG ), the largest chain of hydroponic and organic garden centers in the US., has acquired Southside Garden Supply in Alaska. "As a part of the transaction, GrowGen took over both existing store locations at 2809 Artic Boulevard, Anchorage, Alaska, and 449 West Parks Highway, Wasilla, Alaska," per a release. This movement marks GrowGen's expansion into its 18th state and its second new state this year, according to Darren.