Thu.Jun 09, 2022

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Ninth Circuit Enforces Exclusive Forum Bylaw, Creating Split with Seventh Circuit

Harvard Corporate Governance

Posted by Peter Morrison, Virginia Milstead, and Raza Rasheed, Skadden, Arps, Slate, Meagher & Flom LLP, on Thursday, June 9, 2022 Editor's Note: Peter Morrison and Virginia Milstead are partners, and Raza Rasheed is an associate at Skadden, Arps, Slate, Meagher & Flom LLP. This post is based on their Skadden memorandum, and is part of the Delaware law series ; links to other posts in the series are available here.

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Committed innovators: How masters of essentials outperform

Mckinsey and Company

New research shows that innovation leaders are rapidly ascending beyond their peers by comprehensively committing themselves to delivering net new growth at scale.

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Remarks by Chair Gensler Before the Piper Sandler Global Exchange Conference

Harvard Corporate Governance

Posted by Gary Gensler, U.S. Securities and Exchange Commission, on Thursday, June 9, 2022 Editor's Note: Gary Gensler is Chair of the U.S. Securities and Exchange Commission. This post is based on his recent remarks before the Piper Sandler Global Exchange Conference. The views expressed in this post are those of Chair Gensler, and do not necessarily reflect those of the Securities and Exchange Commission or the Staff.

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Black representation in the beauty industry

Mckinsey and Company

Black beauty consumers and brands face deep challenges when it comes to equity. Removing those barriers can lead to greater opportunity for everyone in the industry.

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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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Can Our DCAP Reimburse a “Hold-the-Spot” Fee?

ThomsonReuters

QUESTION: One of our DCAP participants will soon take a ten-week maternity leave, following the birth of her second child. Her two-year-old child will be at home during this time instead of attending day care, but the provider will charge her half of the regular monthly fee to hold the child’s spot during the leave. Can our DCAP reimburse this fee?

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Elon Musk's Twitter Funding Partially Linked To A Russian Billionaire: Report

Benzinga

Elon Musk has blown hot and cold with his intention to take social media platform Twitter, Inc. (NYSE: TWTR ) private. This has set in motion discussions regarding his intent and the sources of funding. Close on the heels of a Reuters report that said the fund-raising efforts are put on hold amid the uncertainty surrounding the deal, a Bloomberg report highlighted funding commitment from a financier, who is close to a Russian business tycoon.

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More Trending

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IRS Announces Pre-Examination Retirement Plan Compliance Pilot Program

ThomsonReuters

IRS Employee Plans News (June 3, 2022). Available at [link]. The IRS has announced a pre-examination compliance program for qualified retirement plans, including 401(k) plans. Under this pilot program, which begins this month, sponsors of plans that have been selected for an upcoming IRS examination will be notified by letter. The plan sponsor then will have 90 days to review its plan documents and operations for compliance with Code requirements and respond to the IRS.

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Chart of the day: The long-term impact of a ban on Russian energy

LaPorte

(authored by RSM US LLP) The embargo on Russian energy supplies poses serious long-term challenges for the European Union. The post Chart of the day: The long-term impact of a ban on Russian energy first appeared on LaPorte.

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Growth sprouts for SMEs in e-commerce

Mckinsey and Company

Small and medium-size enterprises (SMEs) can capture a share of Europe’s booming online home-and-garden market—if they fine-tune customer insights and build new capabilities.

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Reliance Industries and Apollo Global Management in £5bn bid for Boots

The Guardian M&A

Mukesh Ambani teams up with US private equity fund, with Walgreens expected to retain minority stake The Indian billionaire Mukesh Ambani’s Reliance Industries has teamed up with the US private equity fund Apollo Global Management to make a £5bn bid for the UK’s Boots chain. The US group Walgreens, which has controlled the pharmacy and beauty retailer since 2012, is expected to keep a minority stake under the deal.

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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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Built to last: An interview with Jennifer Lin of Trimble

Mckinsey and Company

Trimble’s chief platform officer discusses how becoming more tech-forward will help the industry become more sustainable, efficient, and attractive to younger generations.

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Credit Suisse chief brushes aside State Street takeover rumours

Financial Times M&A

Swiss group’s Thomas Gottstein quizzed over blog report the day after his bank issues its third profit warning of the year

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Unbundling value: How leading insurers identify competitive advantage

Mckinsey and Company

For US life insurers to address new and old challenges, they need a fresh approach to their business model and how they create value.

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Zero Trust: Making it a reality for businesses

Avanade

We are #AvanadeProud to be recognized as the Zero Trust Champion winner at the Microsoft Security Excellence Awards.

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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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CROs and biotech companies: Fine-tuning the partnership

Mckinsey and Company

Emerging biotechnology companies are less satisfied than large pharmaceutical companies with their contract research organizations (CROs). How can CROs raise their game with this key segment?

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Consumer Responses to Corporate Bankruptcy

Reynolds Holding

Distressed firms may avoid an otherwise beneficial Chapter 11 reorganization because they fear losing customers. In our recent paper , we use two experiments to estimate the effect of corporate bankruptcy on consumer demand for a bankrupt firm’s products. We find that learning about a Chapter 11 bankruptcy filing reduces a consumer’s willingness to pay for the bankrupt firm’s products by 18-35 percent, depending on the industry.

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How to manage the coming wave of investment in capital projects

Mckinsey and Company

About $130 trillion is expected to flow into infrastructure upgrades over the next five years. How can companies spend that most efficiently?

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With Elon Musk, the Drama Is the Point

NYT M&A

Will he buy Twitter? Nobody knows — but what does it matter, as long as you keep paying attention?

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A CFO’s perspective on sustainable, inclusive growth

Mckinsey and Company

In the current challenging environment, how can CFOs and other business leaders continue to deliver sustainable, inclusive growth?

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FirstGroup rejects £1.2bn takeover bid from US equity firm

The Guardian M&A

Operator of GWR and South Western Railways says proposal fails to reassure investors Britain’s biggest train operator FirstGroup has rejected a £1.2bn takeover proposal from a US private equity firm, after its board determined the offer was too low. The bus and rail company said it had carefully reviewed the proposal from I Squared Capital, which first became public last month , but concluded that the 118p a share cash offer “significantly undervalues FirstGroup’s continuing operations and its f

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Mediclinic rejects £3.4bn takeover proposal

Financial Times M&A

Private hospitals group says offer from biggest shareholder and shipping group is undervalued

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7 Potential Risks of Working with Fintechs

N Contracts

Risk can never be avoided, but it can be anticipated. Partnering with fintechs can provide financial institutions with some outstanding opportunities to leverage the latest technological innovations, streamline existing processes, and avoid costly infrastructure or in-house development expenses.

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Infrastructure leaders need new capabilities to move toward net-zero emissions

Mckinsey and Company

As the infrastructure sector increases its focus on sustainability, leaders must acquire and hone capabilities to manage new complexities in delivering projects on time and within budget.

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Boots/Reliance: Ambani could reinvigorate UK chemist chain

Financial Times M&A

A successful bid with Apollo could lead to Boots becoming a high street name in India

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News from the Global Infrastructure Initiative: June 2022

Mckinsey and Company

Welcome to the June 2022 edition of Voices on Infrastructure, which focuses on building resilient infrastructure supply chains.

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Regulatory Brief for May 2022: Consumer Protection & Technology are Top of Mind

N Contracts

Are we heading into a hot reg summer or will the industry enjoy the reprieve of a relatively quiet period?

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Catering to Asian consumers

Mckinsey and Company

The latest Consumer Pulse Survey reveals an optimism unmoved by current economic and geopolitical challenges, though sentiment may be shifting. How can retailers and consumer goods companies keep pace?

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How To Prevent The Loss Of Institutional Knowledge When Acquiring A Company

Benzinga

By Ingrid Alongi, General Partner, Stage. The decision to acquire a company is often lead by spreadsheets and numbers. Some of the questions that may go into the decision might include: Does the company have an advantage in the market? Is revenue on the right track? Can any financial missteps be solved? One of the most important points to consider is the institutional knowledge held by the team; the inherent fear surrounding the safety of that knowledge often dictates strategy when it shouldn&rs

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Closing labor gaps to revitalize US infrastructure

Mckinsey and Company

US construction projects are short-staffed today, and the problem is set to get worse. Here’s what the sector can do to close the gap.

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UK Mulling Fixes For $4.8B Kitchen Equipment Deal

Law 360 M&A

U.K. competition enforcers are considering whether the sale of a global ice machine business fixes the concerns raised by Italian food service equipment supplier Ali Group's planned $4.8 billion acquisition of Welbilt Inc.

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Building the net-zero workforce

Mckinsey and Company

A four-step strategy can help enable the next generation of industry workers to deliver the net-zero portfolio.

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FTC Judge Says Lives At Stake In Cancer Test Deal Challenge

Law 360 M&A

Federal Trade Commission staffers pressed their bid to block Illumina's $8 billion reacquisition of cancer testing outfit Grail during closing arguments, as the agency's administrative law judge questioned whether getting the case wrong could cost lives.

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The importance of ongoing trainings and seminars for accounting staff

ThomsonReuters

Investing in people is the oft-repeated solution for the talent shortage experienced by professional services organizations. Even though automation has simplified the compliance process, the accounting business remains very much a relationship-based one. To keep clients coming back, a firm must demonstrate the ability to help its people stay current with industry and regulatory changes.

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New Acquisition: Novamind To Buy Common Shares Of Numinus Pending Canadian Supreme Court Approval

Benzinga

Numinus Wellness Inc. (OTCQX: NUMIF ), a company focused on the development and delivery of innovative mental health care through evidence-based psychedelic-assisted therapies, announced that its shareholders approved the issuance of common shares in connection with the proposed acquisition of Novamind Inc. (OTCQB: NVMDF ). Novamind shareholders have also voted to approve the previously proposed acquisition of Numinus in an all-share transaction , pursuant to a plan of arrangement, at a separate