Mon.Sep 18, 2023

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Discretionary Investing by ‘Passive’ S&P 500 Funds

Harvard Corporate Governance

Posted by Peter Molk (University of Florida), and and Adriana Robertson (University of Chicago), on Monday, September 18, 2023 Editor's Note: Peter Molk is the John H. and Mary Lou Dasburg Professor of Law at the University of Florida Levin College of Law and Adriana Z. Robertson is Donald N. Pritzker Professor of Business Law at the University of Chicago Law School.

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The next wave: Alternative-seafood solutions

Mckinsey and Company

Global demand for fish and shellfish is growing rapidly—and alternative proteins are well positioned to sustainably scale the industry.

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2023 Proxy Season Digest

Harvard Corporate Governance

Posted by Subodh Mishra, Institutional Shareholder Services, Inc., on Monday, September 18, 2023 Editor's Note: Subodh Mishra is Global Head of Communications at Institutional Shareholder Services (ISS) Inc. This post is based on an ISS memorandum by Toby Huang, Associate, Data Analytics; and Sandra Herrera Lopez, Ph.D., Vice President, ESG Content & Data Analytics at ISS Corporate Solutions.

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Chemicals and capital markets: Regional differentiation

Mckinsey and Company

Chemical players’ strategies and performance are increasingly affected by regional challenges, making aspirational transformations, bold resource allocation, and true sources of differentiation key.

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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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Private equity consolidation: mega manager may go the way of Big Tech

Financial Times M&A

Dearth of M&A and IPOs have kept managers from returning cash to their limited partners

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Employee development: A skills-based approach

Mckinsey and Company

Organizations that focus on employee development generate benefits for all. Tech-enabled capability building and skills-based hiring are great places to start.

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More Trending

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Disrupting a mature industry with a digital solution: A conversation with Mlion’s Eric Leong

Mckinsey and Company

The CEO of a leading Southeast Asian steel distributor explains why he decided to launch a venture designed to reuse steel, reduce carbon emissions, and disrupt his core business.

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Wasserman Buys Brillstein, Merging Sports and Entertainment

NYT M&A

Casey Wasserman had long pledged to stay away from the traditional entertainment business, but he said a new media landscape changed his thinking.

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Private equity’s new financial engineering play

Financial Times M&A

Plus, energy tycoon Daniel Křetínský bids on The Telegraph and the Bruce Springsteen concert that also played host to a Big Law poaching battle

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IRS Halts Processing of New Employee Retention Credit Claims

Gross Mendelsohn

The IRS announced a moratorium on the popular Employee Retention Credit through at least the end of 2023. Here’s what you need to know about the moratorium.

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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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Tackling Talent Shortages: A CEO's Strategy to Peak Performance

Rhythm Systems

Talent shortages are more than a buzzword; they're a business reality that CEOs can't afford to ignore. The lack of skilled professionals can stifle growth, increase costs, and hamper innovation. This post outlines actionable strategies for CEOs and business leaders to tackle talent shortages head-on.

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Pendragon to sell UK car dealerships to US group Lithia in £280mn deal

Financial Times M&A

Automotive retailer to focus on software following sale of showrooms

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Unleashing Staffing Success: A Comprehensive Guide to Key Performance Indicators with Rhythm Systems

Rhythm Systems

In the ever-evolving landscape of the staffing industry, mastering the art of measuring and leveraging Key Performance Indicators (KPIs) has become more crucial than ever. As the world adapts to the new remote normal, staffing and consulting businesses are challenged to effectively monitor the performance of their sales representatives, recruiters, account managers, and other key roles.

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A General Partnership in Perpetual Enmity

Farrel Fritz

With the growing prevalence of limited liability companies, notable general partnership decisions become fewer and further between with each passing year. A common fact pattern in which increasingly rare general partnership decisions continue to arise is family general partnerships founded decades ago by prior generations, with the current younger generation of partners, often siblings or cousins, finding themselves unwilling or unable to agree either upon a new entity structure ( i.e. , convers

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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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Closing the Deal: Finalizing the Sale of Your Business

Sun Acquisitions

Selling a business is a significant milestone that marks the culmination of years of hard work, dedication, and entrepreneurial spirit. Whether you’re retiring, moving on to new ventures, or simply seeking a change, finalizing the sale of your business is a crucial step toward achieving your goals. However, navigating the complex process of closing the deal requires careful planning, strategic thinking, and attention to detail.

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Valuation Multiples for a Medical Supply Company

Peak Business Valuation

The medical supply industry provides medical supplies and equipment to healthcare entities. This includes selling medical products to physicians and dental practices, clinics, hospitals, etc… According to IBIS World , the medical supply industry has benefited from mounting demand in recent years. As such, this industry has generated over $353 billion dollars in revenue.

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IRS Halts Processing of New Employee Retention Credit (ERC) Claims – What Now?

Meade & Moore

September 14 th was a big day in ERC world. The IRS released an announcement that they would be halting the processing of new claims through at least the end of 2023. IRS Commissioner Werfel had been hinting that some action like this would be forthcoming once the backlog was reduced, so this wasn’t exactly a surprise.

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Morgan Lewis Adds Ex-FTC Mergers Deputy Director In DC

Law 360 M&A

Morgan Lewis & Bockius LLP has hired a former deputy assistant director from the mergers division of the Federal Trade Commission to join its firm as a partner in Washington, D.C., the firm announced Monday.

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Cooley Publishes Updated CFIUS Overview Page

Cooley M&A

Cooley’s CFIUS team recently published an updated Committee on Foreign Investment in the United States overview page , which covers the introduction of “mandatory” CFIUS filing requirements by the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). The refreshed overview also summarizes the CFIUS regime generally – including a discussion of how the US government assesses national security risks – as well as the CFIUS filing process, and notable differences between the two types of

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Still on the fence about remote audit? Here’s a business case.

ThomsonReuters

Jump to: Laying the foundation for remote audit work Tools that enable remote audit work Maximizing remote audit capabilities Like many facets of tax and accounting, auditing has undergone a significant transformation in recent years driven by rapid advancements in technology. While traditional audit activities involve on-site visits, face-to-face meetings, and the physical exchange of documents, technology is opening up new business capabilities for auditors to conduct their work from anywher

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The newfound influence of the UK’s competition watchdog

Financial Times M&A

The Competition and Markets Authority has enhanced clout post-Brexit.

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Del. Chancery Upholds Disparate Voting Rights for Same Class of Stock

John Jenkins

One of the issues under Delaware law that has generated some uncertainty over the years is the extent to which the DGCL permits a corporation to create a mechanism in which shares of the same class differ in their share-based voting power depending on who holds them. Vice Chancellor Laster’s recent decision in Colon v.

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Are Firms Sacrificing Flexibility for Diversity and Inclusion?

Reynolds Holding

Companies’ diversity and inclusion (D&I) practices have attracted widespread attention and support from investors, policymakers, and the public. Yet while they may advance social justice, these practices’ impact on a company’s operations remains unclear. Conventional wisdom is that a diverse and inclusive workforce offers a firm a variety of valuable perspectives and problem-solving approaches, enabling the firm to make better decisions, especially during times of change.

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CMS-Led Car Dealer Pendragon To Sell UK Auto Biz For £280M

Law 360 M&A

British auto retailer Pendragon PLC said Monday that it has agreed to sell its U.K. motor and leasing businesses to a subsidiary of Lithia Motors Inc., a U.S. automotive dealership group, for £280 million ($347 million) in an all-cash transaction.

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B2Gold to Consolidate Gramalote Project by Acquiring AngloGold Ashanti's 50% Stake

Benzinga

VANCOUVER, British Columbia, Sept. 18, 2023 (GLOBE NEWSWIRE) -- B2Gold Corp. (TSX: BTO , NYSE: BTG , NSX: B2G)) ("B2Gold" or the "Company") is pleased to announce that is has entered into a purchase agreement with AngloGold Ashanti Limited ("AngloGold") to acquire AngloGold's 50% stake in the Gramalote project (the "Transaction"), located in the Department of Antioquia, Colombia (the "Gramalote Project").

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Batteries Biz Commits To SPAC Deal Despite Nasdaq Warning

Law 360 M&A

Lithium extraction company American Battery Materials Inc. on Monday held firm on its commitment to its $120 million merger with special purpose acquisition company Seaport Global Acquisition II Corp. despite the SPAC receiving a delisting warning letter from Nasdaq.

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Insolvent Catalog Retailer Nears Ch. 11 Dismissal

Law 360 M&A

A Delaware bankruptcy judge on Monday said he would likely agree to dismiss the Chapter 11 bankruptcy of catalog retailer AmeriMark Interactive LLC after the debtor said it was paying all its administrative claims and had no money left.

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Gamehaus, SPAC Ink $500M Deal Guided By 6 Law Firms

Law 360 M&A

Mobile-game publishing company Gamehaus Inc. and blank-check company Golden Star Acquisition Corp. said Monday that they have entered into a merger agreement to take Gamehaus public at a value of about $500 million in a deal advised by six law firms.

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Catching Up With Delaware's Chancery Court

Law 360 M&A

Identity-based voting provisions, claim-rejecting algorithms, splattered waffles and complaints from Elon Musk about "egregious" legal fees: All this and more graced the Chancery Court docket last week. The First State's court of equity also saw more Fox Corp. shareholders pile onto derivative suits, and approved an $84 million settlement challenging biotech venture Bioverativ Inc.

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Newmont Secures 2 More Approvals For $19.5B Newcrest Buy

Law 360 M&A

Gold mining company Newmont Corp. said Monday that it had cleared additional regulatory hurdles for its proposed $19.5 billion acquisition of Newcrest by gaining approval from Australia's Foreign Investment Review Board and Japan's Fair Trade Commission.

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Kohlberg Pushes Back In Chancery On Akademos 'Washout'

Law 360 M&A

An attorney for Kohlberg Ventures, its affiliates and some directors and officers of online educational resource venture Akademos Inc. pressed a company co-founder in Delaware's Court of Chancery on Monday on challenges to a $12.5 million KV acquisition that left common stockholders out of the money in a 2021 sale.

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Brown Rudnick Tax Group Adds Partner From Davis Polk

Law 360 M&A

Brown Rudnick LLP has named a Davis Polk & Wardwell LLP counsel as a partner in its tax practice group.

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SEC Says Raymond James Rep Didn't Report AML Red Flags

Law 360 M&A

A Raymond James investment adviser agreed to pay the U.S. Securities and Exchange Commission $20,000 to settle allegations he failed to alert anti-money laundering personnel to suspicious wiring activity, according to a Monday order from which the agency's Republican commissioners strongly dissented.

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