Tue.Oct 04, 2022

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PVP Q&A: Our Interpretations of the SEC’s New PVP Rules

Harvard Corporate Governance

Posted by John R. Ellerman, Ira Kay, and Mike Kesner, Pay Governance LLC, on Tuesday, October 4, 2022 Editor's Note: Mike Kesner and John R. Ellerman are partners and Ira T. Kay is Managing Partner and Founder at Pay Governance LLC. This post is based on their Pay Governance memorandum. Related research from the Program on Corporate Governance includes Stealth Compensation via Retirement Benefits and Paying for Long-Term Performance (discussed on the Forum here ) both by Lucian A.

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Twitter Trading Halted After Report Of Deal With Elon Musk

Law 360 M&A

Trading of Twitter Inc. shares was halted at midday Tuesday amid reports that tech mogul Elon Musk has reversed course and agreed to close on his original, $54.20-per-share take-private deal for the company on April 25.

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?In re BGC Partners: Maybe Entire Fairness Review Isn’t So Bad After All

Harvard Corporate Governance

Posted by Meredith Kotler, Ethan Klingsberg, and Marques Tracy, Freshfields Bruckhaus Deringer LLP, on Tuesday, October 4, 2022 Editor's Note: Ethan Klingsberg and Meredith Kotler are partners and Marques Tracy is an associate at Freshfields Bruckhaus Deringer LLP. This post is based on their Freshfields memorandum and is part of the Delaware law series ; links to other posts in the series are available here.

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Elon Musk proposes buying Twitter for originally agreed $44bn

Financial Times M&A

Tesla chief and social media company were set to take their dispute to trial later this month

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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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Enforcement Waves and Spillovers

Harvard Corporate Governance

Posted by Jonathan M. Karpoff (University of Washington), on Tuesday, October 4, 2022 Editor's Note: Jonathan M. Karpoff is Professor of Finance and Business Economics at the University of Washington Foster School of Business. This post is based on a recent paper , forthcoming in Management Science, by Professor Karpoff, Ms. Hae Mi Choi, Ms. Xiaoxia Lou, and Mr.

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Twitter Rallies 22% After Elon Musk Renews $44B Buyout Proposal; Company Says It Intends To Accept Offer

Benzinga

Elon Musk and his team of advisors sent a letter to Twitter Inc’s (NYSE: TWTR ) litigation staff Monday stating Musk would like to proceed with the acquisition of Twitter at $54.20 per share, or $44 billion, according to a 13D filing Musk made Tuesday with the Securities and Exchange Commission. The letter predicates the offer upon the Delaware Chancery Court entering an immediate stay in the lawsuit Twitter filed against Musk after he backed out of the deal in July, citing concerns such a

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Facing A Trial With Twitter, Elon Musk Offers Original $54.20/Share Buyout Price: Report

Benzinga

Elon Musk has reportedly proposed a buyout of Twitter Inc (NYSE: TWTR ) at his original offer price of $54.20 per share Tuesday. The news comes as the two parties prepare to square off in court Oct. 17 after Twitter sued Musk with the aim of forcing him to follow through on the acquisition of the social media platform. Musk's lawyers sent the proposal to Twitter's litigation staff overnight Monday and filed a letter with the Delaware Chancery Court ahead of an emergency meeting set for T

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Elon Musk to proceed with $44bn buyout of Twitter after U-turn

The Guardian M&A

Tesla chief executive had been set for court showdown after attempting to scrap deal Elon Musk has filed to complete his $44bn (£38bn) acquisition of Twitter after months of legal drama. Lawyers for Musk confirmed in a court filing Tuesday that the billionaire will push ahead with the deal after performing another dramatic U-turn on his decision to walk away from the deal.

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Korea's Naver Buys Poshmark For Less Than Half Its IPO Price, But Market Is Questioning

Benzinga

Korea-based internet company, Naver Corp , has agreed to acquire Poshmark Inc (NASDAQ: POSH ) for $17.90 in cash, representing an enterprise value of approximately $1.2 billion. The value represents a premium of 15% to Poshmark's closing stock price as of October 3, 2022. Poshmark is a social e-commerce marketplace for new and secondhand styles.

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The multi-billion-dollar paper jam: Unlocking trade by digitalizing documentation

Mckinsey and Company

Trade documentation is a paper-intensive and resource-consuming process. An electronic bill of lading could save $6.5 billion in direct costs and enable $40 billion in global trade.

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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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Why Poshmark Shares Are Popping Tuesday

Benzinga

Poshmark Inc (NASDAQ: POSH ) shares are trading higher Tuesday after the company announced it will be acquired by Naver. Poshmark has entered into a definitive agreement with Naver in which Naver will acquire all of the outstanding shares of Poshmark for $17.90 in cash. "Longer term, as part of Naver, we will benefit from their financial. Full story available on Benzinga.com.

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Twitter Gets OK To Probe Musk's Alleged Anonymous Source

Law 360 M&A

Twitter Inc. won a green light Tuesday to dig deeper into an unverified, alleged offer to Elon Musk of back channel information about the social media giant from a purported anonymous Twitter executive for Trust & Safety and Content Moderation teams.

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Everi Acquires Assets Of Mobile Platform Provider Venuetize

Benzinga

Everi Holdings Inc (NYSE: EVRI ) has agreed to acquire certain strategic assets of Venuetize Inc , a privately-owned mobile platform provider in the sports, venue and entertainment markets. The deal is expected to expand Everi's addressable market beyond the casino gaming industry and broaden the range of mobile capabilities to its established gaming customers.

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Remove Predominant Price from New Forms

Appraisers Blog

Something that has ‘stuck in my craw’ or ‘frosted my cookies’ for years is the nonsense about stating a specific “PREDOMINANT” price for neighborhood homes. And then being forced to explain why the Opinion of Value is not precisely that number, and if not, why not. Real estate is IMPERFECT. Properties, especially comparables, seldom, if ever, sell for the very same or extremely similar prices.

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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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Elon Musk's Case Against Twitter Deal Could Be Strengthened As 2nd Whistleblower To Testify: Report

Benzinga

As Elon Musk faces Twitter Inc. (NYSE: TWTR ) in court over his $44-billion acquisition bid, a report about a second whistleblower is coming into the picture. What Happened: After Peiter Zatko, a second Twitter whistleblower may testify when the case comes up for trial in about two weeks, the New York Post said in a report, citing sources. While Zatko's allegations mostly focused on security flaws, the new whistleblower could reportedly talk about an alleged internal study that shows.

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Deep Divisions on the Way Forward for Merger Enforcement

National Law Review M&A

Andrew Sfekas Ana McDowall Jurisdiction: All Federal Type of Law: Administrative & Regulatory Mergers & Acquisitions Antitrust & Trade Regulation

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Generac Acquires Industrial IoT Platform Blue Pillar

Benzinga

Generac Holdings Inc (NYSE: GNRC ) has acquired Blue Pillar , an industrial internet of things (IoT) platform developer, for undisclosed financial terms. Generac said it shares a mutual customer base with Blue Pillar, with highly compatible product offerings that. Full story available on Benzinga.com.

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Twitter Board Chair Squares Up to Elon Musk Ahead of Trial

NYT M&A

Bret Taylor, an understated executive, led talks with Elon Musk over his plans to acquire the company and the legal fight to seal the deal.

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Beg, Sell Or Borrow

Global Finance

The first twinges of a credit crunch are hitting companies at the lower end of the corporate food chain. Beef up before the squeeze intensifies.

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South Korean Internet Giant Buys Poshmark in $1.2 Billion Deal

NYT M&A

With its new acquisition — the company’s largest to date — Naver has gained a sizable foothold in North America’s secondhand retail market.

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5 Interview Questions You Should Ask Compliance Manager Candidates

N Contracts

It’s hard to find compliance talent (and it’s expensive). Even more, it’s costly and time-consuming to replace bad hires or individuals that turn out to not fit well with your organization.

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Elon Musk Suggests Buying Twitter at His Original Price

NYT M&A

The billionaire’s surprise move came months after he tried to back out of a $44 billion deal to acquire the company.

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Musk’s Twitter climbdown: ‘a big pill to swallow’

Financial Times M&A

Tesla boss puts original offer back on table just days before trial but the social media group’s lawyers are wary

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What Meta’s Oversight Board Tells Us About the Prospects for Self-Regulatory Dispute Settlement

Reynolds Holding

Should private social media companies have a free hand in deciding what content to allow on their platforms? Governments from the European Union to India to the U.S. states of Texas and Florida are increasingly answering no, as they seek to co-exist with a range of self-regulatory initiatives created by the platforms. Meta – formerly Facebook – has gone furthest in establishing a self-regulatory mechanism, creating an appeals process for Facebook and Instagram users who disagree with its content

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The CHIPS and Science Act: Here’s what’s in it

Mckinsey and Company

The act invests $280 billion to bolster US semiconductor capacity, catalyze R&D, and create regional high-tech hubs and a bigger, more inclusive STEM workforce.

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EmployBridge to Acquire IAC's Bluecrew

Benzinga

Highly Strategic Combination to Establish Industry-Leading Workforce Management Platform in the Approximately $40 Billion Light Industrial Staffing Market. Combined Company Positioned to Deliver Unparalleled Job Opportunities for Workers and App-Based, Digitally Enabled Workforce Solutions for Businesses. ATLANTA and NEW YORK, Oct. 04, 2022 (GLOBE NEWSWIRE) -- EmployBridge, a leading provider of technology-enabled, light industrial workforce solutions in the United States, and IAC (NASDAQ: IAC

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Credit Suisse faces the meme army

Financial Times M&A

Plus, Kim Kardashian pays for her crypto venture and Byju’s learns its lesson the hard way

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Digital resilience: Consumer survey finds ample scope for growth

Mckinsey and Company

Opportunities are there for the taking in mobile, new digital services, and improved digital experiences.

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HSBC explores $9bn sale of Canadian business

Financial Times M&A

UK-based bank is under pressure from its largest shareholder to focus on Asia

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US workplace benefits: Connecting health, wealth, and wellness

Mckinsey and Company

Who will crack the code and create an integrated experience in the employer-sponsored benefits ecosystem?

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Former Credit Suisse boss launches new fund to invest in Human Longevity

Financial Times M&A

He drops plans to merge his blank cheque group with Californian start-up

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Logistics disruptors: Replicating Uber’s success in the trucking industry

Mckinsey and Company

There’s a 30 percent chance the truck next to you on the highway is empty—a sign of inefficiency in an aging industry. Uber Freight’s Lior Ron is on a quest to change that.

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Vulnerability Management: Addressing Your Weaknesses Before They Can Be Exploited

Audit Board

This article originally appeared on the ISACA blog. . As businesses continue to extend their digital footprints to support remote workers and deliver the products and services customers demand, the risk of a breach grows exponentially. New software deployments often create numerous yet unseen vulnerabilities, and while most of those vulnerabilities present minimal risk, others provide a pathway for criminals, hackers, or activists to exploit an organization’s data. .

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The McKinsey Crossword: Who’s the Boss? | No. 96

Mckinsey and Company

Sharpen your problem-solving skills the McKinsey way, with our weekly crossword. Each puzzle is created with the McKinsey audience in mind, and includes a subtle (and sometimes not-so-subtle) business theme for you to find. Answers that are directionally correct may not cut it if you’re looking for a quick win.

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