Wed.Nov 16, 2022

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Representations & Warranties, Fraud, and Risk Shifting: An Analytical Framework

Harvard Corporate Governance

Posted by Steven L. Schwarcz (Duke University), on Wednesday, November 16, 2022 Editor's Note: Steven L. Schwarcz is the Stanley A. Star Distinguished Professor of Law & Business at Duke University School of Law and Senior Fellow of the Centre for International Governance Innovation. This post is based on his recent paper. In Representations & Warranties, Fraud, and Risk Shifting: An Analytical Framework , I attempt to build a systematic framework for analyzing breaches of representation

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Digital twins: Flying high, flexing fast

Mckinsey and Company

Digital design and product development can provide new ways to solve complex problems. Getting implementation right means thoughtfully translating big ideas into boots on the ground.

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Supply chain strategies: For many companies, the traditional balance is shifting

Harvard Corporate Governance

Posted by Carey Oven, Jim Kilpatrick, Deloitte, on Wednesday, November 16, 2022 Editor's Note: Jim Kilpatrick is Global Supply Chain & Network Operations Leader and Carey Oven is National Managing Partner at the Center for Board Effectiveness and Chief Talent Officer at Deloitte LLP. This post is based on their Deloitte memorandum. In the era of lean and just-in-time management approaches, many companies adopted supply chain strategies with a primary focus on cost and efficiency.

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Governments can deliver exceptional customer experiences—here’s how

Mckinsey and Company

Our US State of the States benchmark provides insights for newly elected and second-term administrations on how to deliver better services, operate more effectively, and win back public trust.

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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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Remarks by Chair Gensler Before the Investment Adviser/Investment Company National Seminar

Harvard Corporate Governance

Posted by Gary Gensler, U.S. Securities and Exchange Commission, on Wednesday, November 16, 2022 Editor's Note: Gary Gensler is Chair of the U.S. Securities and Exchange Commission. This post is based on his recent remarks. 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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How North American natural gas could alleviate the global energy crisis

Mckinsey and Company

North America has the potential to provide affordable natural gas that could address energy security and help decarbonization—here’s what it will take to do so.

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More Trending

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Global Insurance Report 2023: Reimagining life insurance

Mckinsey and Company

The global life insurance industry is facing an inflection point. A fundamental reimagination will usher in significant change.

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Newport Wafer Fab’s sale to Nexperia blocked by UK ministers

Financial Times M&A

Months of wrangling over chipmaker sees deal with China-owned company thwarted on national security grounds

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A different space race: Raising capital and accelerating growth

Mckinsey and Company

As innovation accelerates within the space sector, companies may benefit by taking a disruptor’s mindset to accessing and deploying capital.

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Dell Technologies agrees to $1bn payment over VMware shareholder suit

Financial Times M&A

Settlement of dispute related to ‘tracking stock’ will be one of the largest at Delaware Court of Chancery

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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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How to Set Up and Maintain Payroll Policies

Machen McChesney

The endgame is accurate and timely employee paychecks. How do you get there? Have a payroll plan that outlines what the procedures are to get to your goal.

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Forward Thinking on the fragility of the world’s food systems and how to fix them with Jessica Fanzo

Mckinsey and Company

Many people think that hunger and climate change happen to poor people in faraway countries and won’t affect them, says a leading food systems expert. “But that is a naïve perception of the world.”.

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Elon Musk Gives Twitter Employees a Deadline to Stay or Leave

NYT M&A

Mr. Musk said workers would need to answer through an online form by late Thursday and those who stayed would be “working long hours at high intensity.”.

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Integrated profit management during inflation: Lessons for aerospace and defense

Mckinsey and Company

In the second article in our series about the inflation challenges within the defense industry, we discuss how a cross-functional outlook can help companies develop the most effective strategies for managing inflation.

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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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FCC Studying Foreign Stakes In Tegna Deal, Chair Says

Law 360 M&A

The Federal Communications Commission is carefully scrutinizing foreign investors' participation in a deal by Standard General LP to take broadcast company Tegna Inc. private, the FCC's chair has told a House member.

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REAG Co-founder Scott Mashuda and VP Jaclyn Ring both Honored with M&A Source Chair’s Award for Excellence

Scott Mashuda

REAG Co-founder Scott Mashuda and VP Jaclyn Ring both Honored with M&A Source Chair’s Award for Excellence November 14, 2022: At the 2022 M&A Source Conference and Deal Market at the Hilton San Diego Resort & Spa, REAG Vice President Jaclyn Ring and REAG Co-founder Scott Mashuda were both honored with the 2022 M&A Source Chair’s Award for Excellence by M&A Source Chair Jeff Swiggett.

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Wash. Court Again Extends Block On $4B Albertsons Payout

Law 360 M&A

A Washington state court has added three weeks to a temporary block of Albertsons' $4 billion shareholder dividend ahead of a merger with Kroger, after the state attorney general's office complained it was working under an "unnecessarily rushed" timeline to build its case alleging the dividend would violate antitrust and consumer-protection laws.

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How Jushi Boosted Operational Efficiency During Their First Year of SOX

Audit Board

In our Spotlight on Success series, Jason Meneses, Vice President, Internal Audit at Jushi Holdings Inc. , and John Kolich, IT Audit Director at Jushi, share how AuditBoard enabled their team to achieve first-year SOX compliance at a rapidly scaling company without having to add resources. Based in Florida, Jushi is a national, multi-state cannabis company that develops and operates high-end retail locations, premium brands, and state-of-the-art cultivation, processing, and manufacturing facilit

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Maxim's Online Sports Betting Platform Shutters Operations

Law 360 M&A

Colorado online sports betting site MaximBet is ceasing operations, effective immediately, because of difficult market conditions and a "cost prohibitive marketplace," according to a message sent to its customers Wednesday.

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Harbor Custom Development, Inc. Enters LOI to Purchase Land for Luxury Urban Tacoma Apartment Site for $5.75 Million

Benzinga

TACOMA, Wash., Nov. 16, 2022 (GLOBE NEWSWIRE) -- Harbor Custom Development, Inc. (NASDAQ: HCDI , HCDIP, HCDIW, HCDIZ)) ("Harbor," "Harbor Custom Homes®," or the "Company") , an innovative and market leading real estate company involved in all aspects of the land development cycle, today announced it has signed a letter of intent to purchase.70 acres of land in Tacoma for $5,750,000 million to construct an urban multi-story apartment project of approximately 200 units

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Questions To Ask Before Making A Lateral Move As Partner

Law 360 M&A

Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.

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Novartis Mulls Disposing Its Non-Core Ophthalmology and Respiratory Units

Benzinga

Novartis AG (NYSE: NVS ) is reportedly weighing divesting non-core assets as it seeks to raise money to invest in cutting-edge medicines, people familiar with the matter said. The pharma giant is in the early stages of considering options for its ophthalmology and respiratory units. Some private equity firms are already studying the businesses. Bloomberg noted that the ophthalmology business could fetch about $5 billion.

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Pipeline Health Ch. 11 Plan Gets OK For Creditor Vote

Law 360 M&A

A Texas bankruptcy judge on Wednesday gave hospital operator Pipeline Health System approval to send its bankruptcy plan to creditors for a vote after changes in the plan disclosure statement to clarify the rights of unsecured creditors.

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With 31.6% CAGR, Low Code Development Platform Market Size to Reach USD 94.75 Billion [2022-2028]

Benzinga

Pune, India, Nov. 16, 2022 (GLOBE NEWSWIRE) -- The global low code development platform market size was worth USD 10.82 billion in 2020. The market size is expected to rise from USD 13.89 billion in 2021 to USD 94.75 billion by 2028, growing at a CAGR of 31.6% during the forecast period. The market is expected to grow in the coming years, owing to increase in demand for technological advancements for business digitalization.

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BREAKING: Dell Settles 2016 Stock Swap Suit For $1B In Chancery

Law 360 M&A

Dell Technologies founder Michael Dell and other controlling investors have agreed to settle for $1 billion in cash a more-than four-year-old Delaware Court of Chancery stockholder suit seeking damages in connection with a $23.9 billion conversion of Dell stock in 2016.

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With 6.8% CAGR, Electronic Manufacturing Services Market Size to Reach 797.94 billion by 2029

Benzinga

Pune, India, Nov. 16, 2022 (GLOBE NEWSWIRE) -- The global market for electronic manufacturing services market size was valued at USD 476.88 billion in 2021. The market is projected to grow from USD 504.22 billion in 2022 to USD 797.94 billion by 2029 , exhibiting a CAGR of 6.8% during the forecast period. Fortune Business Insights, provide this information in its report titled, "Electronic Manufacturing Services Market Forecast, 2022-2029.".

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Panasonic To Buy Systemair's Air Conditioning Biz For €100M

Law 360 M&A

Panasonic Corp. said on Thursday that its heating and ventilation company will buy the commercial air-conditioning business of Sweden's Systemair AB, in a deal that values the target at €100 million ($104 million).

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With 5.9% CAGR, Europe Urinary Catheters Market Size worth USD 2.15 Billion by 2029

Benzinga

Pune, India, Nov. 16, 2022 (GLOBE NEWSWIRE) -- The Europe urinary catheters market size was valued at USD 1.23 billion in 2021. The market is anticipated to grow from USD 1.31 billion in 2022 to USD 2.15 billion by 2029, exhibiting a CAGR of 5.9% during the forecast period. This information is provided by Fortune Business Insights, in its report titled, Europe Urinary Catheters Market, 2022-2029.

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Long Island Diocese Ch. 11 Asset Sale Hung Up Over NDAs

Law 360 M&A

The Roman Catholic Diocese of Rockville Centre had its request for approval of bidding procedures delayed Wednesday after telling a New York judge that nondisclosure agreements proposed to be provided to bidders couldn't be agreed to by all parties.

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With 2.8% CAGR, Human Insulin Market Size to Surpass Around USD 22.73 billion by 2029

Benzinga

Pune, India, Nov. 16, 2022 (GLOBE NEWSWIRE) -- The global human insulin market size was valued at USD 18.28 billion in 2021. The market is expected to grow from USD 18.72 billion in 2022 to USD 22.73 billion by 2029, exhibiting a CAGR of 2.8% during the forecast period. The increasing prevalence of diabetes and insulin analogues adoption to foster market growth.

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FTC Chair Khan on the Enforcement Policy Regarding Unfair Methods of Competition

Reynolds Holding

When Congress passed the FTC Act in 1914, it didn’t just create a new agency. It created new law for that agency to enforce. Section 5 of the Act provides that “unfair methods of competition in or affecting commerce” are “hereby declared unlawful.”1 The next clause states, “The Commission is hereby empowered and directed to prevent” businesses “from using unfair methods of competition.”2.

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Proxy Contests: Del. Chancery Says Insurgents Provided a “Substantial Benefit”

John Jenkins

Earlier this year, I blogged about Totta v. CCSB Financial, (Del. Ch.; 6/22), in which Chancellor McCormick held, among other things, that a charter provision prohibiting a stockholder from exercising more than 10% of its voting power interfered with stockholders’ exercise of the franchise.

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3 Firms Steer Wireless Tech Firm's $276M SPAC Merger

Law 360 M&A

Mobix Labs, a semiconductor design company, reached an agreement Wednesday to go public via a merger with special-purpose acquisition company Chavant Capital Acquisition Corp. in a $276 million deal guided by Simpson Thacher & Bartlett LLP, Greenberg Traurig LLP and DLA Piper LLP.

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Getaround and InterPrivate II Acquisition Corp. Announce Effectiveness of Form S-4 Registration Statement

Benzinga

SAN FRANCISCO and NEW YORK, Nov. 16, 2022 (GLOBE NEWSWIRE) -- Getaround ("Getaround" or "the Company"), the world's leading digital peer-to-peer carsharing marketplace, and InterPrivate II Acquisition Corp. ("InterPrivate II") (NYSE: IPVA ), a publicly-traded special purpose acquisition company, today announced that the U.S. Securities and Exchange Commission ("SEC") declared effective the Registration Statement on Form S-4 (the "Registration Statement") filed with the SEC in connection with

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