Wed.Aug 30, 2023

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The New Paradigm: A Toolkit For Balancing Conflicting Stakeholder Interests and Protecting Long-Term Business Value

Harvard Corporate Governance

Posted by Martin Lipton, Wachtell Lipton Rosen & Katz, on Wednesday, August 30, 2023 Editor's Note: Martin Lipton is a founding partner of Wachtell, Lipton, Rosen & Katz, specializing in mergers and acquisitions and matters affecting corporate policy and strategy. This post is based on a Wachtell Lipton memorandum by Mr. Lipton and Carmen X.

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What is COP?

Mckinsey and Company

COP refers to the United Nations’ annual conference on climate change. Its 28th meeting (COP28) is scheduled to begin November 30, 2023, in Dubai, United Arab Emirates.

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Disgorgement Accounting After Liu v. SEC in Securities Enforcement Cases

Harvard Corporate Governance

Posted by J.W. Verret (George Mason University) , on Wednesday, August 30, 2023 Editor's Note: J.W. Verret , CPA/CFF, is an Associate Professor at George Mason University School of Law, is a practicing forensic accountant at Veritas Financial Analytics , and is Counsel at Lawrence Law LLC. This post is based on his recent paper. The Supreme Court’s landmark Liu v.

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Terminal Growth Rate – A Simple Explanation with Formula

Valutico

Terminal Growth Rate – A Simple Explanation with Formula The Terminal Growth Rate is often used in valuation models and financial projections, but what is it and why is it important? Below we aim to provide a straightforward explanation of what the Terminal Growth Rate is and its significance in financial analysis. What is the Terminal Growth Rate?

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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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Recent Delaware Law Amendments Could Impact Shareholder Meetings

Harvard Corporate Governance

Posted by Subodh Mishra, Institutional Shareholder Services, Inc., on Wednesday, August 30, 2023 Editor's Note: Subodh Mishra is Global Head of Communications at Institutional Shareholder Services (ISS) Inc. This post is based on an ISS memorandum by Marc Goldstein , Head of U.S. Governance Research at Institutional Shareholder Services, is part of the Delaware law series ; links to other posts in the series are available here.

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Amazon Investors Critical of Company's Competitive Tactics

Mogin Rubin M&A

Amazon Inc. investors have delivered company leadership a suit for exposing the corporation to a “massive financial hit” caused by news of alleged antitrust violations and an unnecessarily rapid expansion that later had to be scaled back. The suit, filed in federal court in Delaware, names Jeff Bezos and 19 other current and former board members and executives.

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Gap Gains Mattel COO

Global Finance

Global Finance Magazine - Richard& Dickson will certainly need to take other risks to infuse fresh air in old Gap.

Finance 75
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Fight over Sculptor hedge fund sale entwined in Daniel Och’s tax affairs

Financial Times M&A

The value of the former Och-Ziff Capital Management has plunged 96% since its 2007 IPO

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Ford Takes Second Bite From Apple

Global Finance

Global Finance Magazine - This is the second time Ford has tapped an executive from Cupertino in as many years.

Finance 75
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Data and analytics in the driver’s seat of the used-car market

Mckinsey and Company

Companies across the used-car market’s value chain can use data and analytics to tap into growth opportunities and improve margins.

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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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Suit Revived Against Monopolist that Foreclosed Market Through Threats

Mogin Rubin M&A

MoginRubin attorney Tim LaComb on the Tenth Circuit's revival of antitrust suit against calcium silicate monopolist Johns Manville, a Berkshire unit.

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How to Value a Sign Manufacturing Business

Peak Business Valuation

According to IBIS World , there are approximately 29,500 sign manufacturing businesses in the United States. These businesses create and design billboards, scoreboards, signage, and digital advertising displays. Due to a high and increasing amount of businesses in the United States, the sign manufacturing industry retains steady demand. In addition, using signs and digital advertisements continues to be an effective marketing strategy for businesses.

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Accounting for Cost of Goods Sold (COGS) in SaaS

Lighter Capital

Gross profit margin (GPM) can tell you a lot about a SaaS startup's profitability and the efficiency of their operations. It's also a key financial metric that potential investors use to evaluate startups for funding and to determine their valuation. Perhaps even more top of mind for startup leaders and investors alike are cash burn rate and runway , which require careful management to maintain business operations and momentum.

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Fiduciary Duties When Settling with Activists

John Jenkins

Gibson Dunn recently published its 2022 Activism Update. The report gives detailed information about individual activist campaigns & settlements and some summary stats, like this one related to settlement agreements: 23 settlement agreements pertaining to shareholder activism activity were filed during 2022, which is an increase from the 17 filed in 2021.

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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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A world-class internal audit function that would not comply with the IIA’s Global Internal Audit Standards (as drafted)

Norman Marks

As the CAE of multiple internal audit departments[1] that were considered world class by members of the board[2], top executives[3], consultants[4], and team members, I would deliberately not comply with the IIA’s Global Internal Audit Standards (as drafted).

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Integration Issues: Address Employment Considerations Early

John Jenkins

This recent insight from DLA Piper highlights employment issues that are key for successful post-acquisition integration and best managed before signing the purchase agreement.

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New IRS Revenue Ruling 2023-2 Requires Advisor-Client Attention

Biz Equity

In March of 2023, the IRS issued an advance version of Revenue Ruling 2023-2. The heart of the ruling is the situation-specific removal of a step-up in basis for assets held in an irrevocable grantor trust that is NOT included in the deceased grantor’s gross estate for federal tax purposes.

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Gross Margin vs. Net Margin: Two Startup Profitability Calculations

Lighter Capital

As your startup progresses through different growth stages, you'll need to regularly assess the financial health and wellbeing of your business. Calculating and tracking your gross margin and net margin will show how your profits track to your revenue over time — think of it as a profitability report card. Below, we’ll compare gross margin vs. net margin to show how they differ, how to calculate each of them, and why they're important for a growing successful business.

Finance 97
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Arnold & Porter Discusses California’s Corporate Emissions Disclosure and Climate-Risk Reporting Legislation

Reynolds Holding

The California legislature returned from summer recess two weeks ago, and two key bills regarding corporate emissions disclosures and climate-related financial risk reporting are being considered and could be sent to the governor’s desk for signature by next month. Senator Scott Wiener (D-San Francisco) authored SB 253 , the California Climate Corporate Data Accountability Act, which, if passed, would establish the strictest corporate emissions disclosure requirements in the country — surpassing

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Wachtell Lipton Discusses How to Deal with Activist Investors

Reynolds Holding

Activism has fully rebounded from the brief pandemic dip, with the past eighteen months seeing increased activity. As we have previously noted, regardless of industry, size or performance, no company is too large, too popular, too new or too successful to consider itself immune from activism. Although poor economic or stock price performance can increase vulnerability, even companies that are respected industry leaders and have outperformed the market and their peers have been and are being at

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