Harvard Corporate Governance

JANUARY 28, 2024

Posted by Lauren Rosenello, Claire Atwood and Marius Sander, Skadden, Arps, Slate, Meagher & Flom LLP, on Sunday, January 28, 2024 Editor's Note: Lauren Rosenello is Counsel, and Claire Atwood and Marius Sander are Associates at Skadden, Arps, Slate, Meagher & Flom LLP. This post is based on their Skadden memorandum. As discussed in prior articles, stockholder plaintiffs have increasingly sought to obtain companies’ books and records under 8 Del.

130

130

NYT M&A

JANUARY 28, 2024

The buyout giant KKR pioneered a model of granting ownership stakes to employees at portfolio companies. Now it wants the approach to spread.

Equity 117

Equity Mergers & Acquisitions 117

Musings on Markets

JANUARY 28, 2024

In my last data updates for this year, I looked first at how equity markets rebounded in 2023 , driven by a stronger-than-expected economy and inflation coming down, and then at how interest rates mirrored this rebound. In this post, I look at risk, a central theme in finance and investing, but one that is surprisingly misunderstood and misconstrued.

Risk Premium 93

Risk Premium Beta Start-ups Equity 93

Reynolds Holding

JANUARY 28, 2024

In contrast to the volatility that vexed the economy in 2022, markets rose in 2023 as inflation fell and the labor market remained strong. Entering 2024, ongoing international instability, rapidly changing technology and the United States presidential campaign are certain to impact the corporate landscape. Those companies with strong leadership will be best positioned to face the challenges that arise in the coming year.

Dividends 53

Dividends Marketability Compliance Equity 53

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.

Marketability

Financial Times M&A

JANUARY 28, 2024

Tokyo’s $6.

99

99

ABI

JANUARY 28, 2024

Jonathan Schloth St. John’s University School of Law American Bankruptcy Institute Law Review Staff In Ferrandino & Son, Inc. v. Sahene Construction L.L.C. ( In re Sahene Construction), the United States Bankruptcy Court for the District of Louisiana held that a non-debtor defendant was not entitled to protection of an automatic stay.

40

40

ABI

JANUARY 28, 2024

Garrity Kuester St. John’s University School of Law American Bankruptcy Institute Law Review Staff A motion for a preliminary injunction in a bankruptcy is governed by Federal Rule of Bankruptcy Procedure 7065, which incorporates Federal Rule of Civil Procedure 65. [1] Under Federal Rule of Civil Procedure 65, a party seeking injunctive relief must prove that: “(1) it has a substantial likelihood of success on the merits; (2) it will suffer irreparable harm if the court does not issue an

Marketability 40

Marketability Technology 40

ABI

JANUARY 28, 2024

Katharine Manganello St. John’s University School of Law American Bankruptcy Institute Law Review Staff In Purdue Pharma, L.P. v. City of Ground Prairie ( In re Purdue Pharma L.P. ), the Second Circuit held that a bankruptcy court has statutory jurisdiction to approve a plan that includes a nonconsensual third-party release of direct claims against non-debtors. [1] In 1995, Purdue, a privately held pharmaceutical company owned and governed by the Sackler family developed and

Marketability 40

Marketability 40

ABI

JANUARY 28, 2024

Tyler Manger St. John’s University School of Law American Bankruptcy Institute Law Review Staff One of the requirements a debtor must meet in order to be eligible for Subchapter V of Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) is that it must be "engaged in commercial or business activities." [1] Additionally, the specific commercial or business debt at issue must have arisen from commercial or business activities of the debtor and have accounted for at least half

Equity 40

Equity 40

ABI

JANUARY 28, 2024

Aria Lugo St. John’s University School of Law American Bankruptcy Institute Law Review Staff In In re Pazzo Pazzo Inc. , the United States Court of Appeals for the Third Circuit held that the proper termination of an option to repurchase was not a “transfer” that could be avoided under Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”).

40

40

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

Corporate Finance