Mon.Apr 25, 2022

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Litigation Risks Posed by “Greenwashing” Claims for ESG Funds

Harvard Corporate Governance

Posted by Amy D. Roy, William T. Davison, and Robert A. Skinner, Ropes & Gray LLP, on Monday, April 25, 2022 Editor's Note: Amy Roy and Robert Skinner are partners, William T. Davison is counsel, and Brooke Cohen and Rachel Scholz-Bright are associates at Ropes & Gray LLP. This post is based on their Ropes & Gray memorandum. Related research from the Program on Corporate Governance includes The Illusory Promise of Stakeholder Governance by Lucian Bebchuk and Roberto Tallarita (discus

Finance 235
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Elon Musk Agrees to Buy Twitter

NYT M&A

The world’s richest man succeeded in a bid to acquire the influential social networking service, which he has said he wants to take private.

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The SEC’s Proposed Rules for P4P Disclosures

Harvard Corporate Governance

Posted by Mike Kesner, Ira T. Kay, and John Ellerman, Pay Governance LLC, on Monday, April 25, 2022 Editor's Note: Mike Kesner is partner, Ira T. Kay is a managing partner/founder, and John Ellerman is partner at Pay Governance LLC. This post is based on their Pay Governance memorandum. Related research from the Program on Corporate Governance includes Paying for Long-Term Performance (discussed on the Forum here ); and Pay without Performance: The Unfulfilled Promise of Executive Compensation

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The Great Resignation Risk

Norman Marks

While many are focused on issues like cyber, saying it is perhaps the greatest source of risk to an organization today, I believe there are greater sources of concern. One of these has been in the news over the last months, called the Great Resignation Consider this set of survey results from ResumeBuilder.com. In the […].

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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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Do Startups Benefit from Their Investors’ Reputation? Evidence from a Randomized Field Experiment

Harvard Corporate Governance

Posted by Ting Xu (University of Virginia), on Monday, April 25, 2022 Editor's Note: Ting Xu is Assistant Professor of Finance at the University of Virginia Darden School of Business; Shai Bernstein is the Marvin Bower Associate Professor of Business Administration at Harvard Business School; and Richard Townsend is Associate Professor of Finance at the University of California San Diego, Rady School of Management.

Finance 194
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A digital path to sustainability

Mckinsey and Company

Sustainability and productivity needn’t be at odds when enabled by Fourth Industrial Revolution technologies. And with an empowered workforce leading the way, outsize gains can be the result.

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Global Energy Perspective 2022

Mckinsey and Company

We’re in the midst of an energy transition that continues to accelerate.

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El Twitter de Elon Musk será un lugar aterrador

NYT M&A

Las razones del hombre más rico del mundo para tomar el control de la red social no tienen que ver con la libertad de expresión. Se trata de controlar el megáfono.

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Twitter accepts Elon Musk’s $44bn takeover offer

Financial Times M&A

Tesla chief says free speech is ‘bedrock’ of democracy as board declares deal ‘best path forward’

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Elon Musk’s Twitter Deal Unlikely to Be Blocked by Regulators

NYT M&A

The government most commonly intervenes when a company is buying a competitor.

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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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Takeover Secured: Elon Musk, The World's Richest Person, To Buy Twitter For $44B

Benzinga

There's a new boss in social media. Elon Musk , the CEO of the world's premier electric vehicles company with a net worth north of $265 billion, will now add Twitter Inc (NYSE: TWTR ) to his portfolio. What To Know : On Monday, Twitter accepted Musk's offer to purchase the company for $54.20 per share. The Telsa Inc (NASDAQ: TSLA ) chief first made an offer on April 14 , just days after becoming the social media company's largest shareholder.

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Twitter Employees Search for Answers as Musk Deal Takes Shape

NYT M&A

Workers say they have been left largely in the dark about what a sale to the billionaire would mean for them and their shares in the company.

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Twitter edges closer to accepting Elon Musk’s $43bn bid

Financial Times M&A

Social media group’s board holds meeting to finalise terms of deal with Tesla chief

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Broadcom Under Antitrust Scrutiny – Again

Mogin Rubin M&A

Broadcom and the Federal Trade Commission just settled an antitrust probe in November 2021. Yet, roughly five months later, Broadcom is again in the FTC’s crosshairs. According to people familiar with the situation and a document viewed by The Information -- a well-respected source for i mportant, deeply reported stories about the technology industry -- Broadcom is using supply-chain issues to justify forcing customers to adopt exclusive agreements.

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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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Musk Is Now Twitter's Big Bird, Multiple Reports Say

Benzinga

Tesla (NASDAQ: TSLA ) chief Elon Musk tweeted , “I hope that even my worst critics remain on Twitter because that is what free speech means” on Monday. The tweet preceded news that Twitter (NYSE: TWTR ) will accept Musk’s bid to take the social media platform private. What Happened: While no deal has been officially announced , sources close to the situation told Reuters that Twitter is expected to accept Musk's "best and.

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Appraisers Liable for Third Parties Data

Appraisers Blog

Ultimately the appraiser is responsible and liable for data collected by third parties. There has been a lot of discussion and debate among appraisers around liability issues for data collected by third parties for hybrid and desktop appraisals. On April 22, 2022, the Maryland Commission of Real Estate Appraisers cautioned its appraisers that they are responsible for the data they rely upon.

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Measurable Criteria for Employee Recognition: Samples, Ideas and KPIs for Rewards

Rhythm Systems

According to Gallup , “in their search for new ideas and approaches, organizations could be overlooking one of the most easily executed strategies: employee recognition.” In today’s competitive labor market, don’t leave anything on the table when it comes to engaging and retaining your top talent. Taking a little time to intentionally map out your employee recognition systems can improve retention, increase productivity and boost morale —and best of all, it doesn’t have to be expensive to be eff

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2nd generation digital twins: Game changers for businesses

Avanade

Digital twins have been in the mainstream since 2002 but they have evolved immeasurably, opening up opportunities for organisations across all sectors.

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Silicon Motion Technology Weighs Potential Sale: Bloomberg

Benzinga

Silicon Motion Technology Corp (NASDAQ: SIMO ) weighs a potential sale amid takeover interest in the semiconductor firm, Bloomberg reports. Silicon Motion’s American depositary. Full story available on Benzinga.com.

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Musk, Twitter Reach Deal On $44B Sale

Law 360 M&A

Twitter Inc. said Monday it has accepted a $44 billion takeover offer led by Tesla Inc. CEO Elon Musk, in a breakthrough in the flamboyant entrepreneur's quest to take over the social media giant and reshape its operations.

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Why Twitter Shares Continue To Trade Higher Today

Benzinga

Twitter Inc (NYSE: TWTR ) shares are trading higher Monday following several reports indicating the company is getting closer to making a deal with Tesla Inc (NASDAQ: TSLA ) CEO Elon Musk. Earlier this month, Musk offered to buy Twitter for $54.20 per share. Twitter initially put measures in place to fight back against a potential hostile. Full story available on Benzinga.com.

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How to Avoid the Staggering Cost of a Mishire: The Cost of a Bad Hire in 2022

Rhythm Systems

If you’re a hiring manager at your organization, chances are that you have had a couple of new hires that haven’t worked out the way that you hoped, or as we call them - a mis-hire. The costs of a bad hire can be staggering when you really sit down and analyze them. In work done by Dr. Bradford Smart, author of Topgrading, the estimated cost of a bad hire ranges from 5 to 27 times the amount of the person’s actual salary.

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VerifyMe Scoops Assets Of Logistics Management Company PeriShip To Gain New Entry Point In Pharma Market

Benzinga

VerifyMe Inc (NASDAQ: VRME ) acquired the assets of PeriShip, LLC in a transaction worth $10.5 million. The consideration consisted of $7.5 million cash, $1.0 million in VerifyMe shares, and a $2.0 million promissory note. PeriShip is a value-added service provider of shipping and logistics. Full story available on Benzinga.com.

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Mobility’s net-zero transition: A look at opportunities and risks

Mckinsey and Company

A transition to net-zero emissions would entail much greater demand for electric vehicles. McKinsey analysis shows how the shift could create opportunities and risks for automakers around the world.

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Meta Begins Bid To Overturn UK Block On $315M Giphy Deal

Law 360 M&A

Facebook's owner Meta told an English court on Monday that a decision by the competition authority requiring it to drop its planned merger with an online GIF creator was "irrational" as a four-day trial over the $315 million deal got under way.

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What’s The Difference Between Recurring And Repeat Revenue?

Benchmark Report

If you are considering selling your business , you will need to have a clear understanding of its type of customer revenue because it can significantly impact the value of your business. Sometimes people confuse recurring revenue with repeat revenue, but it is essential to understand how they are not the same thing. Recurring Revenue Recurring revenue stems from a contractually bound legal agreement for a solution delivered over time.

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Security vs Compliance: Where Do They Align?

Audit Board

If you’ve been wondering where security practices and compliance requirements align and where they diverge, you’re not alone. Security and compliance have synergies, but they aren’t the same, and it can be challenging to tease them apart. When you are thinking about creating the strongest and most secure system for your organization’s and customers’ needs, you have to consider what protocol you must follow and whether compliance is enough to cover your needs.

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Class Action Fairness Act Advanced Removal Strategies

National Law Review M&A

Ryan Bykerk Christopher S.

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The Elon Musk-Twitter Endgame

NYT M&A

Negotiations ran long into the night as Musk’s offer to buy Twitter and take it private looks increasingly likely to go ahead.

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The CEO’s risk agenda: An insurance perspective

Mckinsey and Company

In a fast-changing business environment, CEOs who prioritize a new, holistic risk management approach will add value to their organizations—and to their customers too.

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How To Effectively Prepare A Witness For Remote Testimony

Law 360 M&A

Many of the lessons taught in an introductory theater performance class can provide foundational guidelines for virtual witness preparation, including the importance of props, proper lighting and wardrobe decisions, and of acknowledging that the star of your show is not a Zoom expert, say Hailey Drescher at Trask Consulting and Michael Thomas at Foley & Lardner.

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Singapore’s sovereign wealth fund snaps up Paddington office estate

Financial Times M&A

Owner British Land will shift investment to faster growing sectors

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Catching Up With Delaware's Chancery Court

Law 360 M&A

A Delaware vice chancellor released what could become a landmark ruling on liquidating or rehabilitating struggling insurance companies, yet another call surfaced for greater clarity on the detail required for the increasingly common books and records suits, and three law firms got a rare hat tip from the bench for going the extra mile. Here's your weekly roundup from Delaware's Chancery Court.

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Elon Musk ensures he’ll never get Twitter-banned

Financial Times M&A

Plus, Blackstone corners the Reit market with a new property play and French billionaire Patrick Drahi struggles to make it in America