Thu.Aug 25, 2022

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2022 Proxy Season Review: Rule 14a-8 Shareholder Proposals

Harvard Corporate Governance

Posted by June Hu, Melissa Sawyer, and Marc Treviño, Sullivan & Cromwell LLP, on Thursday, August 25, 2022 Editor's Note: June Hu is an associate, and Melissa Sawyer and Marc Treviño are partners at Sullivan & Cromwell LLP. This post is based on a Sullivan & Cromwell memorandum by Ms. Hu, Ms. Sawyer, Mr. Treviño, H. Rodgin Cohen , and Elizabeth Lombard.

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Creating a technology risk and cyber risk appetite framework

Mckinsey and Company

Here’s how to build a comprehensive, measurable, and objective end-to-end risk appetite framework as a foundation for managing technology risk and cyber risk.

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2022 Proxy Season Preview: Rule 14a-8 Shareholder Proposals

Harvard Corporate Governance

Posted by June Hu, Melissa Sawyer, and Marc Treviño, Sullivan & Cromwell LLP, on Thursday, August 25, 2022 Editor's Note: June Hu is an associate, and Melissa Sawyer and Marc Treviño are partners at Sullivan & Cromwell LLP. This post is based on a Sullivan & Cromwell memorandum by Ms. Hu, Ms. Sawyer, Mr. Treviño, H. Rodgin Cohen , and Elizabeth Lombard.

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How utilities can use advanced analytics to elevate customer experience

Mckinsey and Company

Industry players can both lower costs and improve performance by capturing the full value of today’s technologies.

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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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Board Refreshment and Evaluations

Harvard Corporate Governance

Posted by Matteo Tonello, The Conference Board, Inc., on Thursday, August 25, 2022 Editor's Note: Matteo Tonello is Managing Director of ESG Research at The Conference Board, Inc. This post is based on a Conference Board memorandum by Merel Spierings , in partnership with ESG data analytics firm ESGAUGE and in collaboration with Debevoise & Plimpton, the KPMG Board Leadership Center (BLC), Russell Reynolds Associates, and the John L.

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Appraiser Miller Wins

Appraisers Blog

Appraiser Miller wins important claim in racial discrimination lawsuit. Judge ruled Plaintiffs did not rely on Miller’s appraisal. The other claims continue but this was an important claim. It also shows the Plaintiffs lied to the Court. ORDER GRANTING MILLER DEFENDANTS’ MOTION TO DISMISS FIRST AMENDED COMPLAINT; DISMISSING PLAINTIFFS’ SEVENTH CLAIM FOR RELIEF AS ASSERTED AGAINST MILLER DEFENDANTS; VACATING HEARING.

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Musk's 'Absurdly Broad' Twitter User Data Requests Largely Dismissed By Delaware Judge

Benzinga

Tesla Inc (NASDAQ: TSLA ) CEO Elon Musk wanted Twitter Inc (NYSE: TWTR ) to hand over data amounting to trillions of data points, but the demand was largely turned down by a judge on Thursday. What Happened: Chancellor Kathaleen McCormick of Delaware's Court of Chancery said Musk’s demands were “absurdly broad” and that “no one in their right mind has ever tried to undertake such an effort,” reported Reuters.

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Reimagining Recruiting and Retention to Build a Stronger Internal Audit Team

Audit Board

Welcome to the post-COVID workplace. If you want a fully staffed internal audit department composed of the best and brightest talent with the collective expertise to address the extraordinary risks facing your organization, it’s time to rethink your approach to recruiting and retention. . Internal audit is struggling to find and keep talent. In a June 2022 LinkedIn poll , more than 50% of internal audit respondents signaled that their departments have been struggling to fill vacancies for more t

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Engage Associates At Orientation With Thoughtful Activities

Law 360 M&A

The pandemic has driven home the dangers of taking associate talent for granted, and law firms should consider five types of orientation activities that give new employees a greater sense of belonging, set the tone at the outset for a long career and influence attitudes toward the firm, says Joseph Gerstel at GetSomeClass.

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Can We Use Flash Drives or CDs to Distribute Welfare Plan SPDs to Individuals Without Work-Related Computer Access?

ThomsonReuters

QUESTION: Many of our employees do not have computer access for their jobs. Can we provide SPDs for the company’s ERISA health and welfare plan to those employees using a flash drive, CD, or something similar that they can use on their home computers instead of mailing paper copies? ANSWER: In general, welfare plan SPDs (and other ERISA disclosures) may be furnished electronically to employees without work-related computer access if certain requirements are met, including obtaining the employe

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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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Maersk Drops $1B Container Biz Sale Amid DOJ Pressure

Law 360 M&A

A.P. Moller-Maersk on Thursday abandoned the planned sale of its refrigerated container manufacturing business to China International Marine Containers Ltd., a deal worth around $1 billion, after U.S. enforcers flagged antitrust concerns about the move.

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Agencies Issue FAQs (Part 55) With Wide-Ranging Surprise Medical Billing and Transparency Guidance

ThomsonReuters

FAQs About Affordable Care Act and Consolidated Appropriations Act, 2021 Implementation Part 55 (Aug. 19, 2022). Available at [link]. The DOL, HHS, and IRS have released FAQs (Part 55) addressing a wide variety of issues raised by the surprise medical billing rules enacted as part of the Consolidated Appropriations Act, 2021 (CAA). (The agencies simultaneously released surprise billing final regulations addressing a narrow set of independent dispute resolution (IDR) issues.

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Senate Panel Sets Twitter Whistleblower Complaint Hearing

Law 360 M&A

A Twitter security chief turned public whistleblower has been called to testify before Congress' Senate Judiciary Committee on Sept. 13, in the latest investigation to target the social media giant's security and the accuracy of its disclosures about bogus or "spam" traffic.

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Alleged Fraudster, Nikola Founder Is Back And He's Buying Up His Old Stock

Benzinga

Nikola Corporation (NASDAQ: NKLA ) founder Trevor Milton has quietly purchased shares of the Phoenix-based electric vehicle company ahead of his September fraud trial. What Happened: Milton, who was indicted on fraud charges in July 2021, resigned as CEO amid allegations that he made false assertions about NIkola's technology. According to Benzinga’s Insider Trades page , Milton subsequently sold large portions of his Nikola shares, including: More than $16 million in August 2021. $11.

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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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Ncontracts Names Shawn McKee as Chief Marketing Officer

N Contracts

Ncontracts Names Shawn McKee as Chief Marketing Officer. L eader in compliance and regtech expands leadership team with seasoned marketing executive.

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Avanade – The smart choice for the water industry

Avanade

Take a look at how our next-generation technologies can help maximise efficiency, employee experience and business results for the water industry.

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Credibility in an Era of Misinformation: Why Audit Is More Important Than Ever

N Contracts

Good decisions require good information. Whether it’s booking a vacation, choosing which car to buy, or running a financial organization, accurate information helps us make informed decisions. It prevents us from visiting the beach during monsoon season or paying for unnecessary dealer add-ons. (I’m looking at you, window etching.) It gives us the data we need to make wise credit decisions.

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The hedge fund billionaire playing activist at his former firm

Financial Times M&A

Plus, bankers and lawyers search for a way around Biden’s new buyback tax and controversial financier Lars Windhorst tells DD he’s good for the money

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Clean skies for tomorrow: Delivering on the global power-to-liquid ambition

Mckinsey and Company

As aviation shifts from fossil to sustainable fuels, power-to-liquid fuel could emerge as a critical pathway, with reductions in greenhouse gas emissions of up to 100 percent.

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Twitter must give Elon Musk more data on fake users, judge rules

Financial Times M&A

Delaware court stops short of granting Tesla chief’s other ‘absurdly broad’ requests in legal fight over $44bn deal

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Musk Ordered To Give Twitter His Experts' User Analyses

Law 360 M&A

Tech billionaire Elon Musk lost a bid Thursday to fully shield his data scientists' analysis of Twitter's full stream of user traffic in the latest pre-trial decisions from the Delaware Chancery Court on Musk's attempt to terminate a $44 billion deal to take the social media company private.

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CIMC abandons $1bn deal to acquire Maersk’s refrigerated container arm

Financial Times M&A

US Department of Justice planning to sue to block move over antitrust concerns as it cracks down on Chinese deals

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Deals Rumor Mill: Amazon, Washington Nationals, CVC Capital

Law 360 M&A

More potential suitors for Signify Health have emerged, the owner of three Washington, D.C., professional sports franchises has his eye on a fourth, and private equity firm CVC may sell its stake in an Indonesian snack producer. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

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With 39.2% CAGR, Global Virtual Reality in Manufacturing Industry Size Worth USD 14.8 Billion in 2026

Benzinga

Pune, India, Aug. 25, 2022 (GLOBE NEWSWIRE) -- A recently published report by Fortune Business Insights titled, " Virtual Reality in Manufacturing Industry Share , Trends & Industry Analysis, By Component, By Application and Regional Forecast, 2022-2026," states that the market value was USD 924.7 million in 2018 and is expected to rise at a CAGR of 39.2% to reach USD 14,887.0 million by the end of 2026.

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Investors Say Cleary Gottlieb Should Produce Redstone Email

Law 360 M&A

CBS investors who want Cleary Gottlieb Steen & Hamilton LLP to turn over an email sent by media mogul Shari E. Redstone regarding the network's $30 billion merger with Viacom in 2019 have told the Delaware Chancery Court that the email was not a privileged communication and should be produced.

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Countering inflation: How US P&C insurers can build resilience

Mckinsey and Company

As property and casualty insurers in the United States struggle to maintain profitability, executives will need to direct a coordinated response across pricing, underwriting, claims, and other functions.

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Hipgnosis/Pink Floyd: Blackstone deal may leave trust uncomfortably glum

Financial Times M&A

Songs fund’s yawning discount suggests scepticism about its net asset value

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Insider Traders Have Found Their Way to Cryptocurrency Markets

Reynolds Holding

On July 21, 2022, the U.S. Securities and Exchange Commission (SEC) commenced the first ever lawsuit charging insider trading in cryptocurrency markets. A former employee of Coinbase – a major cryptocurrency exchange – together with his brother and a friend, were arrested and charged with wire fraud in connection with a scheme to commit insider trading. [1] The three men allegedly used confidential information about coins that were to be listed on the Coinbase exchange prior to the official list

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Cracking the job code

Mckinsey and Company

It may seem counterintuitive for employers to double down on learning and development at a time when workers are becoming more mobile. But recent research across four leading economies suggests that such a strategy is more important than ever, write Christopher Pissarides and Anu Madgavkar in Project Syndicate.

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Novartis to spin off generic drugs unit Sandoz

Financial Times M&A

Swiss group plans to list the business in Switzerland and the US

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IRS grants failure to file penalty relief for 2019 and 2020 returns

LaPorte

(authored by RSM US LLP) IRS will automatically waive or abate failure to file penalties for some returns when filed by Sept. 30, 2022. IRS will also waive or not apply penalties for 2019 and 2020 information returns. The post IRS grants failure to file penalty relief for 2019 and 2020 returns first appeared on LaPorte.

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IRS 90-Day Pre-Examination Pilot Program

Trout CPA

The Internal Revenue Service has provided selected qualified retirement plans a chance to inspect and potentially self-correct any compliance issues through a new 90-day pre-examination pilot program announced in the June 3 Employee Plans newsletter. The agency says the pilot program’s goal is to reduce taxpayer burden by lowering the number of full-scope examinations.

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2022 Security Risk Trends Report: Key Takeaways

Audit Board

Digital transformation — largely accelerated by 2020’s shift to remote work models — has altered business operations from a visible set of centrally managed technology assets to a highly distributed, opaque set of digitally-enabled processes, products, and services. This has created the need to be ever more vigilant about new digital risks and their potential to cause damage to the business.

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The Great Regret Urges Plan Sponsors to Review their Benefits Lineup

Trout CPA

We have all heard of the Great Resignation, a term coined to describe the millions of employees that left their jobs since the onset of the COVID pandemic in 2020. Many employees who moved on to another job are having second thoughts about their decision—a new phenomenon that is being referred to as the Great Regret.

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