Tue.Dec 20, 2022

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Exculpation of Personal Liability Expanded to Include Certain Corporate Officers

Harvard Corporate Governance

Posted by Richard J. Grossman, Allison L. Land and Marc S. Gerber, Skadden, Arps, Slate, Meagher & Flom LLP, on Tuesday, December 20, 2022 Editor's Note: Richard J. Grossman , Allison L. Land , and Marc S. Gerber are partners at Skadden, Arps, Slate, Meagher & Flom LLP. This post is based on a Skadden memorandum by Mr. Grossman, Ms. Land, Mr.

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Generative AI is here: How tools like ChatGPT could change your business

Mckinsey and Company

Generative AI and other foundation models are changing the AI game, taking assistive technology to a new level, reducing application development time, and bringing powerful capabilities to nontechnical users.

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What Do Outside CEOs Really Do? Evidence from Plant-Level Data

Harvard Corporate Governance

Posted by John Bai (Northeastern University), Anya Mkrtchyan (UMass Amherst), on Tuesday, December 20, 2022 Editor's Note: John Bai is an Associate Professor at D’Amore-McKim School of Business, Northeastern University; and Anya Mkrtchyan is an Associate Professor at Isenberg School of Management, University of Massachusetts–Amherst. This post is based on their article forthcoming in the Journal of Financial Economics.

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The future of banks: A $20 trillion breakup opportunity

Mckinsey and Company

Banking is radically transforming. Many banks can thrive by fundamentally changing the way that financial services are embedded into daily life.

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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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The Activism Vulnerability Report – Q3 2022

Harvard Corporate Governance

Posted by Jason Frankl and Brian G. Kushner, FTI Consulting, on Tuesday, December 20, 2022 Editor's Note: Jason Frankl and Brian G. Kushner are Senior Managing Directors at FTI Consulting. This post is based on their FTI Consulting memorandum. Related research from the Program on Corporate Governance includes The Long-Term Effects of Hedge Fund Activism by Lucian A.

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The secret to great health? Escaping the healthcare matrix

Mckinsey and Company

The blueprint to achieve a lifetime of great health is increasingly clear and within our control. But unlocking it requires challenging the orthodoxies currently guiding individuals and institutions.

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More Trending

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Author Talks: Peter Fader and Michael Ross share their playbook for customer centricity

Mckinsey and Company

When is the last time you took stock of your customer base? Two marketing and data experts say it’s due for a systematic review.

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NBA’s Phoenix Suns nears record $4bn sale

Financial Times M&A

Mortgage billionaire Mat Ishbia and brother Justin set to purchase Suns and WNBA’s Mercury from Robert Sarver

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BEVolution of luxury vehicles: How customer preferences are changing the luxury vehicle market

Mckinsey and Company

New McKinsey insights shed light on customer trends and preferences in the luxury-vehicle segment and resulting implications for OEMs.

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Mat Ishbia to Acquire Phoenix Suns and Mercury For $4 Billion

NYT M&A

Ishbia, the chief executive of United Wholesale Mortgage, would replace Robert Sarver as the majority owner. Sarver was pushed to sell amid a misconduct scandal.

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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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Fleet decarbonization: Operationalizing the transition

Mckinsey and Company

Fleet operators are under pressure to transition to greener business models. A strategic approach can help ensure that they optimize costs and engage effectively with new technologies.

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Binance Acquires Indonesia-Based Crypto Exchange Tokocrypto

Benzinga

In an apparent bid to expand its footprint across Asia, cryptocurrency exchange Binance (CRYPTO: BNB ) has completed the acquisition of the Indonesian exchange Tokocrypto. Following the resignation of Pang Xue Kai , the exchange's co-founder, Binance revealed that it had acquired a controlling stake in Tokocrypto and that it had appointed a new CEO.

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Sixth Street leads $2.3bn debt package for Maxar Technologies buyout

Financial Times M&A

Deal to help fund satellite operator’s takeover edged out a competing loan offer from Wall Street banks

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Churchill Downs Acquires Exacta Systems for $250M Cash

Benzinga

Churchill Downs Inc (NASDAQ: CHDN ) has agreed to acquire all of the outstanding equity interests of Exacta Systems LLC for total consideration of $250 million in cash. The transaction will allow Churchill Downs to realize synergies related to its acquisition of Colonial Downs. Full story available on Benzinga.com.

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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’ Top Lending Compliance Blog Posts of 2022

N Contracts

As 2022 comes to a close, it’s a good time to look back on the year that was.

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Private equity enters the emergency room

Financial Times M&A

Plus, Todd Boehly’s crypto dilemma and Japan’s ‘widow maker’ trade has some survivors

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Catalyst Pharma Acquires US Rights To Eisai's Epilepsy Drug

Benzinga

Catalyst Pharmaceuticals Inc (NASDAQ: CPRX ) agreed to acquire the U.S. rights to Eisai Co Ltd's (OTC: ESALY ) (OTC: ESALF ) Fycompa (perampanel) CIII and an exclusive option period to review, evaluate and negotiate to acquire a rare epilepsy asset currently in Eisai's pipeline. Eisai will receive an upfront payment of $160 million. The acquisition adds a highly complementary and.

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Brenntag/Univar: customers may vote against deal with their feet

Financial Times M&A

Activist investor thinks plans by chemical distributor to acquire its peer would trigger an exodus

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4 OKR Examples

Rhythm Systems

Often, founders and CEOs of small businesses get their hands dirty and engage in many aspects of the daily running of the business. They may own a sales quota or be on the hook for processing payroll. But, as the company grows and new team members are hired, the role of the CEO changes. You’re still head of the company, but your role becomes more strategic and less tactical; things like “promote company culture” can be hard to quantify as an OKR.

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Mercuria to become biggest shareholder in key UK gas producer

Financial Times M&A

Serica Energy announces £644mn takeover of rival North Sea company owned by Swiss commodity group

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EXCLUSIVE: Applied UV Announces Two Acquisitions, Potentially Double The Size Of The Company

Benzinga

Applied UV Inc (NASDAQ: AUVI ) has agreed to acquire privately held PURO Lighting LLC and LED Supply Co that would effectively double the company's size. Applied UV develops and acquires infection prevention and control technology in the healthcare, commercial & public venues, food transportation/storage, cannabis, and education vertical markets.

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Accountability Examples: How to Use the 5 Cs of Team Accountability in 2023

Rhythm Systems

At Rhythm Systems, we are all about helping companies and teams achieve their dreams and goals. We have the right systems and skills to help them remain focused, aligned and accountable to getting things done. Developing accountable leaders and teams is a big piece of the puzzle for companies that want to consistently achieve their growth goals. You can be lucky for a while, but for sustained, predictable success, you need the right people operating off the right playbook.

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Top M&A Target: Madrigal Pharmaceuticals Could Be Next After Successful NASH Data, Analyst Says

Benzinga

Madrigal Pharmaceuticals Inc (NASDAQ: MDGL ) has announced positive topline results from the pivotal Phase 3 MAESTRO-NASH biopsy trial of resmetirom. JMP has raised the price target from $182 to $312 and reiterates its Market Outperform rating. Resmetirom looks approvable based on Phase 3 MAESTRO-NASH data, the analyst said. The analyst raised POS for resmetirom to 90% in both the U.S. and EU (from 70% and 60%, respectively) with peak sales of ~$5 billion and ~$1.5 billion (compared to $3 billio

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Why sustainable retail will never go out of fashion

Avanade

Rasmus Hyltegard, Retail Lead in Avanade’s Data & AI Centre of Excellence, discusses barriers facing fashion retailers as they seek to drive sustainable circular agendas.

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Netflix Said To Be On Acquisition Radar Of This Tech Giant

Benzinga

Netflix Inc. (NASDAQ: NFLX ) has shed over 52% for the year-to-date period even as the company has embarked on a turnaround plan following a massive loss of net paid subscribers earlier this year. A report explored the possibility of the streaming giant being an object of interest to another large-cap tech company. What Happened: Software giant Microsoft Corp.

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A Beginner’s Guide to the SBF Prosecution: Where the Legal Issues Lie

Reynolds Holding

The spectacle of a shambling billionaire with an adolescent personality, an inconsistent memory, a fondness for using his depositors’ funds for his own personal purposes, and an eagerness to talk in self-destructive ways to the press has fascinated everyone. This column will leave to psychiatrists and journalists the assessment of Samuel Bankman-Fried’s (“SBF”) character, but important legal issues lurk in his case that are central to the field of white collar crime and that have seldom been exp

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Logistics Disruptors: ShipMonk’s Jan Bednar on the power of vertical integration

Mckinsey and Company

ShipMonk owns and operates its own warehouses across the globe. How does that give it an edge with customers?

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The long, long reach of the UK’s national security laws

Financial Times M&A

Legislation to monitor China has also been used to protect the country’s commercial interests

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Gamers Sue To Block Microsoft's $68.7B Activision Deal

Law 360 M&A

A group of gamers is the most recent group to challenge Microsoft Corp.'s planned $68.7 billion buyout of video game developer Activision Blizzard Inc., claiming in a California federal court complaint on Tuesday that the deal would wreck competition for gamers across the country.

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The future of Indirect Tax (IDT): How to take charge of changes

ThomsonReuters

In the past few years, indirect tax specialists have had to deal with the Covid pandemic, Brexit, an ever-changing landscape of rules and regulations, budget tussles, hiring difficulties, and numerous other challenges. The professional terrain is no less rocky heading into 2023. In a recent panel discussion with Indirect Tax (IDT) experts hosted by Thomson Reuters in London, the prospect of a looming recession and tightening budgets were certainly a top concern, but so were many familiar issue

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Musk Wants 'Slapdash' Twitter Investor Suit Sent To Delaware

Law 360 M&A

Elon Musk wants a California federal judge to enforce the forum-selection clause in Twitter's merger agreement and send an investor's proposed class action to Delaware, saying he "raced to the wrong courthouse" and filed a "slapdash" complaint that fails to show Musk's vacillating approach to the $44 billion purchase of Twitter was a ploy designed to drive down its stock price.

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Legal Expert Discusses Large Social Security Wage Base Increase and Looking Ahead to 2023

ThomsonReuters

On October 13, 2022, the Social Security Administration (SSA) announced a $13,200 increase in the Social Security taxable wage base from $147,000 to $160,000 in 2023. Next year’s notable wage base increase is significantly greater than the wage base forecast by the SSA’s Office of Chief Actuary in June 2022 and means that many employers will pay up to $818.40 more in payroll taxes in 2023.

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4 Proactive Strategies For 'Rocket Docket' Discovery In SDNY

Law 360 M&A

With more than half of Southern District of New York judges now allowing four or fewer months for fact discovery, civil litigators in this aspiring "rocket docket" jurisdiction should prioritize case management methods that make the most of this compressed timeline, say Jaclyn Grodin and Nicholas Cutaia at Goulston & Storrs.

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Universal Proxy: FAQs for Contested Elections

John Jenkins

Debevoise recently issued this list of FAQs on universal proxy & contested director elections. The memo walks through the various topics covered by the rule, but it also covers a few areas that aren’t addressed.

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