Wed.May 18, 2022

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Testimony by Chair Gensler at Hearing before the Subcommittee on Financial Services and General Government, U.S. House Appropriations Committee

Harvard Corporate Governance

Posted by Gary Gensler, U.S. Securities and Exchange Commission, on Wednesday, May 18, 2022 Editor's Note: Gary Gensler is Chair of the U.S. Securities and Exchange Commission. This post is based on his testimony before the U.S. House Appropriations Committee, Subcommittee on Financial Services and General Government. The views expressed in the 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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Twitter Gives Its Version Of Events: Elon Musk Didn't Carry Out Due Diligence In Rush To Grab $44B Deal

Benzinga

Detalins surrounding Elon Musk's deal to take Twitter, Inc. (NYSE: TWTR ) private are getting murkier each passing day. A new SEC filing by the social media platform to highlight its version of events suggests Musk jumped the gun in his quest to quickly lap up the company. What Happened: Musk was apparently in a hurry to get the deal done and suggested on April 21 that his acquisition proposal was "no longer subject to the completion of financing business due diligence," preliminar

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ESG Task Force Brings First Case

Harvard Corporate Governance

Posted by Cydney Posner, Cooley LLP, on Wednesday, May 18, 2022 Editor's Note: Cydney S. Posner is special counsel at Cooley LLP. This post is based on her Cooley memorandum. As described in this press release , the SEC has filed a complaint against Vale S.A., a publicly traded (NYSE) Brazilian mining company and one of the world’s largest iron ore producers, charging that it made “false and misleading claims about the safety of its dams prior to the January 2019 collapse of its Brumadinho da

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SWAP Chooses AuditBoard to Streamline and Strengthen Internal Audit Processes

Audit Board

AuditBoard empowers agile auditing, process efficiency, and improved client collaboration for leading UK-based internal audit consultancy. London, UK — May 18, 2022 — AuditBoard , the leading cloud-based platform transforming audit, risk, and compliance management, today announced that UK-based, not-for-profit SWAP Internal Audit Services has chosen AuditBoard to automate processes and improve execution, enabling them to deliver superior audit planning and risk assessment to their customers.

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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 2022 NASAA Spring Meeting & Public Policy Symposium

Harvard Corporate Governance

Posted by Gary Gensler, U.S. Securities and Exchange Commission, on Wednesday, May 18, 2022 Editor's Note: Gary Gensler is Chair of the U.S. Securities and Exchange Commission. This post is based on his recent remarks before the 2022 NASAA Spring Meeting & Public Policy Symposium. The views expressed in the 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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Del. Plaintiffs Firms Pan Proposed Corporate Law Changes

Law 360 M&A

Several prominent plaintiffs firms in Delaware have voiced opposition to proposed changes in the state's vaunted corporation law that would grant officers more liability protections, arguing that the revisions are at best unnecessary and at worst could encourage unsavory or careless business behavior.

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How Does Grupo Somar Acquisition Reaffirms Procaps' Strategy To Strengthen Footprint In LatAm

Benzinga

Integrated LatAm healthcare and pharmaceutical company Procaps Group (NASDAQ: PROC ) has agreed to acquire Grupo Somar (including Grupo Farmacéutico Somar, Química y Farmacia, Gelcaps, and related entities) from Advent International, private equity. Deal terms were not disclosed. Grupo Somar is focused on developing, manufacturing, and marketing branded generic, private label, and OTC products targeted to the.

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2022 Digital Healthcare Industry Report

Benchmark Report

The global overall healthcare industry value is projected to reach $665.37 billion by 2028. Focusing on the global digital healthcare segment of the market, it was valued at $145.57 billion in 2021, and it is expected to reach $430.52 billion by 2028, growing at a compound annual growth rate (CAGR) of 16.9%. The COVID-19 pandemic led to significant shifts in the healthcare sector, as there was an urgent need to adapt and embrace new ways of operating.

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CMA CGM Buys 9% stake In Air France-KLM As Part Of An Air Cargo Partnership

Benzinga

CMA CGM, a French shipping company, invests in Air France-KLM (OTC: AFLYY ) as part of an air cargo partnership, counting on growing demands for flying goods worldwide while supply chains remain snarled in the aftermath of the pandemic, Reuters reported. CMA CGM will take up to 9% of Air France-KLM, worth ~€240 million ($252 million) based on the closing price on May 17, 2022, as part of.

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A new era for proactive security with Microsoft’s new Security Services

Avanade

We are proud to be a part of Microsoft’s mission to make clients more secure against cyberthreats, as part of its Microsoft Security Services for Enterprises offering.

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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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Biased Appraisers? I Don’t Think So

Appraisers Blog

To judge an entire profession by anecdotal evidence is equally both stupid and harmful… The entire emphasis was on “anecdotal evidence” which is not documented or supported. Story after story was told about how appraisers had produced a “biased” report. No documentation and no evidence to support their claims was presented. Folks, after discussing this topic with and learning more about the appraiser who wrote this following essay, I have decided to distribute the essay below as a way to further

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Forward Thinking on trade, vaccines, and sustainable and inclusive growth with WTO Director-General Ngozi Okonjo-Iweala

Mckinsey and Company

The World Trade Organization’s first African—and first female—director-general reflects on the impact of the pandemic on trade, the imperative to ensure that vaccines reach Africa and other emerging economies, and how to ensure that trade is more inclusive in the years ahead.

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Must An Officer's Certificate Always State That The Board Approval?

National Law Review M&A

Keith Paul Bishop Jurisdiction: California Type of Law: Corporate & Business Organizations Mergers & Acquisitions Administrative & Regulatory

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For many Americans, economic opportunity seems increasingly out of reach

Mckinsey and Company

Low unemployment doesn’t seem to dispel the gloom about inflation, the McKinsey American Opportunity Survey shows.

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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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Forecasts vs. Projections: What's the Big Difference?

Machen McChesney

Financial statements look at historical performance. But there are times when you want forward-looking reports to help your business make strategic investment decisions, evaluate the viability of a turnaround plan or apply for a loan. Your accountant can help ensure the assumptions underlying prospective financial statements make sense in today’s volatile marketplace.

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Top US antitrust enforcer pledges crackdown on private equity deals

Financial Times M&A

Jonathan Kanter fears hollowing out of American economy amid acquisition spree by buyout groups

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Musk's Twitter Takeover Not Hostile, Chancery Brief Says

Law 360 M&A

Tesla CEO Elon Musk and allies at Twitter Inc. struck back at a proposed class action in Delaware's Chancery Court that asserts his $44 billion all-cash, board-approved offer for the social media giant requires a two-thirds stockholder vote under state laws to curb hostile takeovers.

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UniCommerz: Russian threat could catalyse merger war has interrupted

Financial Times M&A

A deal still makes long-term sense and Orcel may just have the diplomatic chops to pull one off

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Nev. Case Highlights Settlement Authority Dilemmas For Cos.

Law 360 M&A

A Nevada federal court's recent decision in Ceja v. The Vons Companies illustrates the pitfalls of misinterpreting a court order requiring a representative with full settlement authority to be present at negotiations, and is a reminder to consider that courts differ as to what full settlement authority means in practice, says Richard Mason at MasonADR.

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Siemens Energy considers full takeover of Siemens Gamesa

Financial Times M&A

German group weighs offer for all outstanding shares in beleaguered Spanish wind subsidiary

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How Peer Executive Groups Uses BizEquity to Drive Better Results for Business Owners

Biz Equity

Dan Crowley, CEO and Founder of Peer Executive Groups , is no stranger to business valuation.

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Grocers’ sustainability opportunity in transforming the food system

Mckinsey and Company

Now is the time for grocers to develop strategic sustainability transition plans focused on value creation and think more broadly about the role they can play in encouraging change across the full value chain.

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SEC Chair Gensler Testifies Before U.S. House Financial Services Subcommittee

Reynolds Holding

Good morning, Chairman Quigley, Ranking Member Womack, and members of the Subcommittee. I’m honored to appear before you for the second time as Chair of the Securities and Exchange Commission. It is good to be here alongside Federal Trade Commission Chair Khan. As is customary, I’d like to note that my views are my own, and I am not speaking on behalf of my fellow Commissioners or the SEC staff.

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Prevention Doctrine: Could Musk Troll His Way Into Big Trouble?

John Jenkins

Elon Musk has made a career out of playing with fire and somehow avoiding getting badly burned. I guess it helps to be the richest guy in the world, but from “funding secured” to Solar City to his latest shenanigans with Twitter, Elon has blissfully trolled all comers without a lot of consequences.

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FCF Life Sciences Venture Capital Monitor – Europe 04/2022 published

Fox Corporate Finance

FCF Fox Corporate Finance GmbH is delighted to publish the new “FCF Life Sciences Venture Capital Monitor – Europe 04/2022”. The Monitor is a monthly published overview of venture capital trends in the European Life. Read more. The post FCF Life Sciences Venture Capital Monitor – Europe 04/2022 published appeared first on FCF Fox Corporate Finance GmbH.

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Forecasts vs. Projections: What's the Big Difference?

Machen McChesney

Financial statements look at historical performance. But there are times when you want forward-looking reports to help your business make strategic investment decisions, evaluate the viability of a turnaround plan or apply for a loan. Your accountant can help ensure the assumptions underlying prospective financial statements make sense in today’s volatile marketplace.

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What is a Certified Business Intermediary (CBI) Certification?

Midstreet Blog

39 out of 50 U.S. states do not require you to have a license to sell a business. However, there are still certifications surrounding business brokerage that help standardize the industry, such as the Certified Business Intermediary (CBI) certification.

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Treez Rolls Out Integration Of Cannabis Cloud Commerce Platform With Tymber's E-Commerce Platform

Benzinga

Treez , a leading provider of an enterprise cloud commerce platform for retail and supply chain operations in the cannabis market, will integrate with Tymber 's e-commerce platform, which enables cannabis retailers to enhance the omnichannel experience with cashless payments, dynamic (ice cream truck) delivery, SEO optimized menus and native mobile apps.

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Stewart Investors Reaffirms: Vote FOR Appraisal

Appraisal Rights

Stewart Investors, an asset manager focused on emerging markets equity, reaffirmed its policy of voting in favor of appraisal rights in its most recent proxy guidelines. Keeping it simple, Stewart wrote it would “Vote for proposals to restore, or provide shareholders with, rights of appraisal.”. This is consistent with its prior proxy guidance, which we covered here.

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Benefit Plan Considerations Your Organization Should Consider in the Current Talent Climate

Meade & Moore

The pandemic changed a lot of things for a lot of businesses, and employers have been struggling to reel in high-quality talent. Increasing pay can help, but it isn’t always an option. Fortunately, your benefit plans can also set you apart from the competition. Here are just a few ways you can tweak your benefit programs to help you land new talent and retain existing employees.

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Proposed regulation creates exception to anti-clawback rule

Henry Horne

On April 27, 2022, the IRS issued proposed regulations relating to the basic exclusion amount (“BEA”) that applies when calculating federal estate and gift taxes. The new regulations (anti-clawback rule) would affect the estate of decedents dying after a reduction in the BEA who made certain gifts after 2017 and before a reduction in the … Keep Reading.

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What's Going On With OTR Acquisition Stock Today?

Benzinga

OTR Acquisition Corp (NASDAQ: OTRA ) shares are trading higher Wednesday after the company filed a Form 8-K with the U.S. Securities and Exchange Commision. The move appears to be related to the high number of investors who opted for redemptions. According to the filing, holders of an aggregate of 9,769,363 shares of the company's stock have redeemed their shares in connection with the proposed.

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Canon Loses Challenge To €28M Gun-Jumping Fine

Law 360 M&A

The European Union's antitrust watchdog was right to hit Canon Inc. with a €28 million ($29.4 million) fine for jumping the gun on its $6 billion purchase of Toshiba Corp.'s medical systems unit, judges ruled on Wednesday.

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Walmart Intensifies Rivalry With Google, Amazon By Targeting India's Budding Payments Market

Benzinga

Walmart Inc's (NYSE: WMT ) Indian payments unit PhonePe will acquire two wealth management firms for a total enterprise value of $75 million, Bloomberg reports. PhonePe will buy WealthDesk for about $50 million and OpenQ for nearly $25 million. The acquisitions will help broaden PhonePe's offerings. Full story available on Benzinga.com.