Mon.Nov 21, 2022

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Bylaw Amendments, Shareholder Activism, and Flying Close to the Sun

Harvard Corporate Governance

Posted by Leonard Wood, Derek Zaba, Kai H.E. Liekefett, Sidley Austin LLP, on Monday, November 21, 2022 Editor's Note: Kai H. E. Liekefett and Derek Zaba are Partners, and Leonard Wood is a Senior Managing Associate at Sidley Austin LLP. This post is based on a Sidley piece by Mr. Liekefett, Mr. Zaba, Mr. Wood, and Beth E. Berg. This post is part of the Delaware law series ; links to other posts in the series are available here.

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Even in the metaverse, women remain locked out of leadership roles

Mckinsey and Company

Five early indicators on women in the metaverse reveal gender inequality—especially in the leadership creating and setting metaverse standards.

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How to Value a Business: One Part Art…One Part Science

Viking Mergers

In order to sell your business for top dollar, you must demonstrate its value. That value is based on a lot of numbers and calculations, but it also includes factors that can be harder to capture on paper. The reality is, conducting a thorough and accurate business valuation is both an art and a science. Most buyers focus on the same key elements of a business to determine how much they’re willing to pay.

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What matters: How to scale advanced analytics in corporate functions

Mckinsey and Company

Organizations are starting to embrace advanced analytics as a core pillar of innovation within their general and administrative functions.

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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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SocGen and AllianceBernstein agree equities merger

Financial Times M&A

French bank will have option of buying joint venture outright five years after it launches

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Cancer-Focused Imago BioSciences Shares Soar After Merck Deal

Benzinga

Merck & Co Inc (NYSE: MRK ) has agreed to acquire Imago BioSciences Inc (NASDAQ: IMGO ) for $36.00 per share in cash for an approximate total equity value of $1.35 billion. "This acquisition of Imago augments our pipeline and strengthens our presence in the growing field of hematology," commented Merck's President & CEO, Robert Davis.

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More Trending

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Grindr: low free float disguises an unpopular Spac matchup

Financial Times M&A

Investors in the dating app’s merger partner have plenty of reasons to swipe left over the deal

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Hybrid Meeting Norms: Best Practices for Hybrid Team Meetings

Rhythm Systems

As some teams head back into the office, many are facing a unique challenge for the first time - running a meeting where some team members are in-person and others are remote. After Zooming from home for months, many are very eager to get back to the conference room, but for various reasons, not all team members may be able to physically be there. This could be the reality for teams for quite some time, so it's worth investing some time and energy into getting the hybrid. team meetings right.

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Penguin Random House’s $2.2bn deal for Simon & Schuster collapses

Financial Times M&A

Companies walk away from book megamerger after a US judge deemed it anti-competitive

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A New Equity Crowdfunding Heavyweight? StartEngine Acquires Competitor SeedInvest

Benzinga

Interested in investing in the StartEngine campaign? Click here to get started. Already one of the largest retail investment platforms for startups in the U.S., StartEngine has agreed to acquire a major competitor SeedInvest.* The move will add SeedInvest’s community of 700,000 prospective investors to StartEngine’s 1 million and could make the combined platform the dominant player in the equity crowdfunding space.

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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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Facilitating sustainable finance: An interview with Rachel Teo

Mckinsey and Company

Developing countries will need assistance to fund their transition to a low-carbon economy—but this comes with enormous opportunities and the potential for innovation in areas such as blended finance.

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Is this a now or never moment for ERP cloud migration?

Avanade

This blog post explores some strategies, tactics, and examples regarding how manufacturing companies can successfully transition to cloud-based solutions.

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The Titanium Economy: Emerging stronger in the face of disruption

Mckinsey and Company

American industrial technology companies offer lessons on building resilience and adopting a through-cycle mindset in times of economic uncertainty.

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From digital chaos to digital clarity

Avanade

The key to take full advantage of your content is a well-thought-out content hub that makes it easy to display, share and integrate with other systems.

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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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Business Appraisals: Consider an Annual Valuation Update

BV Specialists

Many small business owners often wonder what their company is actually worth when they review each year’s performance results, growth patterns, and future outlook. Why not take this process a step further and definitively determine the overall value of your business? You may answer this by claiming there is no benefit to having a formal appraisal completed until you absolutely have to.

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Retaining the Team: How to Mitigate Your Number One Risk in a Tech M&A Deal

National Law Review M&A

Casey D.

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Can Big Tech Get Bigger? Microsoft Presses Governments to Say Yes.

NYT M&A

Microsoft’s $69 billion deal for Activision Blizzard, which is undergoing reviews in 16 countries, has become a test for whether tech giants can buy companies amid a backlash.

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The Disney coup that brought down Bob Chapek

Financial Times M&A

Plus, Wall Street sheds loans tied to private equity takeovers and BHP finally makes its bet on Australia

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Simon & Schuster Parent Nixes Blocked Penguin Deal

Law 360 M&A

The parent company of Simon & Schuster on Monday called off the planned sale of the publishing giant to Penguin Random House LLC, closing off Penguin's plans to appeal a D.C. federal judge's decision blocking the deal.

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Startup Valuation – Everything We Know

Equidam

In this post, we’ll discuss everything that we have learned in the last 10 years performing startup valuation. You can read along or watch the video, pick the format that you prefer. Over the past 10 years, we’ve helped north of 140,000 startups to make sure valuation was not a dealbreaker when raising capital. Over this time, we saw many recurring themes on valuation, how to set it, how to prepare for it, and how to discuss it.

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Work in progress (WIP) recording template

JPAbusiness

This template comes from our free ebook, How to give your business a strong forward outlook. Work in progress (WIP) is one of the five key factors we consider when assessing the strength of a business’s forward outlook. The others are: Contracts and agreements. Pipeline of prospects. Client portfolio. External market trends. Work in progress (WIP). These are projects or jobs you have won, which are partially completed and may also be partially invoiced.

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How Does the Business Valuation Process Work

RNC

Business valuation refers to the process by which the financial value of a company is calculated. It may be done so for different purposes. A company will have to draw up a business valuation in case of litigation to prepare an exit strategy in case of a buying or sale, acquisition, merger or strategic planning. Business valuation can be a complex process with many steps, formulas for calculation, rules, and specifications.

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Tenders/ quotes/ proposals (pipeline) recording template

JPAbusiness

This template comes from our free ebook, How to give your business a strong forward outlook. Your pipeline of prospects (which consists of active tenders, quotes and proposals) is one of the five key factors we consider when assessing the strength of a business’s forward outlook. The others are: Work in progress. Contracts and agreements. Client portfolio.

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Will Home Depot continue to benefit from the COVID-era high DIY demand?

Valutico

Home Depot Inc. Weekly Valuation – Valutico | 21 November 2022. Link to valuation. About Home Depot. Home Depot is a US-based home improvement retailer, with over 2,300 stores across North America. The firm employs roughly 500,000 people and had sales of $151.2 billion in 2021. Since the Covid-19 outbreak, the company has performed very well, largely due to increasing demand from do-it-yourselfers. .

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Contracts recording template

JPAbusiness

This template comes from our free ebook, How to give your business a strong forward outlook. Contracts and agreements are one of the five key factors we consider when assessing the strength of a business’s forward outlook. The others are: Work in progress. Pipeline of prospects. Client portfolio. External market trends. Contracts and agreements. The next contributor to forward outlook is contracts , which can fall under both WIP and pipeline.

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Bracing for Impact: ESG Strategies for an Era of Accelerating Risk

Audit Board

In response to rising prompts from regulators and internal and external stakeholders alike, more organizations than ever are now focused on environmental, social, and corporate governance (ESG) risks. As audit, risk, and compliance teams work to meet the challenges of identifying and staying ahead of novel ESG risks, they’ll need new ways of thinking — and new tools and tactics — to be successful. .

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What Are the Steps to Buying a Business?

Midstreet Blog

Owning a business can be a rewarding experience. In fact, data suggests business owners and entrepreneurs report consistently higher rates of happiness and satisfaction than salaried employees. Starting a business, however, can be a risky endeavor. This may have you wondering, “what would it take to buy a business instead?”.

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Consortium's £9.6B Bid For National Grid Unit Gets UK Nod

Law 360 M&A

The Competition and Markets Authority said on Tuesday that it has cleared a bid by an Australian-Canadian consortium for 60% of National Grid's gas transmission business, which values the U.K. energy unit at £9.6 billion ($11.3 billion).

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Should You Invest in Real Estate Right Now? Here’s Why or Why Not

Financial Analyst Insider

There is no definitive answer to the question of whether or not you should invest in real estate right now. The reason for this is. The post Should You Invest in Real Estate Right Now? Here’s Why or Why Not appeared first on Financial Analyst Insider.

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Dems Say DOJ Must Mull 'Unwinding' Ticketmaster Merger

Law 360 M&A

A trio of Democratic senators on Monday urged the U.S. Department of Justice to consider unwinding Ticketmaster's merger with Live Nation, arguing that an investigation into the company's allegedly anticompetitive behavior isn't enough.

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Something to Chew on This Thanksgiving

Auto Dealer Valuation Insights

We have traditionally advised you about what not to talk about at the Thanksgiving dinner table, but this year, we thought we would highlight a more positive family business conversation that you might want to have with your family shareholders—if not this weekend, then sometime soon. The question is: What is the economic meaning of the family business for our family?

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Simon & Schuster's Penguin Random House Deal Falls Apart, Opens Door To New Potential Bidders

Benzinga

Paramount Global (NASDAQ: PARA ), the owner of Simon & Schuster's book-publishing unit, will let its $2.2 billion sale to Penguin Random House collapse, opening doors to new suitors. German media group Bertelsmann SE & Co could not convince Paramount Global to help launch an appeal and extend the deal contract before it expires on Monday, writes Reuters.

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How Susman Godfrey Led FanDuel To $2B Arbitration Award

Law 360 M&A

Susman Godfrey LLP represented sports betting giant FanDuel's parent company Flutter Entertainment in a successful arbitration proceeding against Fox Sports Group that nearly doubled its purchase price of 18.6% of FanDuel.

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New York Cannabis Control Board Approves Change Of Control Of Etain's Vertically Integrated License

Benzinga

RIV Capital Inc. (CSE: RIV) (OTC: CNPOF ), an acquisition and investment firm announced Monday that the New York State Cannabis Control Board ("CCB") and the New York State Office of Cannabis Management ("OCM") approved Etain, LLC 's ("Etain") change of control request. RIV Capital Inc. is focused on building a leading multi-state platform with a strong portfolio of cannabis brands in key strategic markets in the United States.