Fri.Nov 04, 2022

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Lawsuit Against Meta Invokes Modern Portfolio Theory To Protect Diversified Shareholders

Harvard Corporate Governance

Posted by Frederick Alexander, The Shareholder Commons, on Friday, November 4, 2022 Editor's Note: Frederick Alexander is the CEO of the Shareholder Commons. This post is based on the class action filed against the directors of Meta Platforms (formerly Facebook, Inc.), and is part of the Delaware law series ; links to other posts in the series are available here.

Equity 258
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Author Talks: What poker pro Annie Duke can teach you about quitting on time

Mckinsey and Company

Ever been told to quit while you’re ahead, or that winners never quit? Poker player-turned decision strategist Annie Duke explains why this advice is costing you time and money.

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Trending Sources

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Weekly Roundup: October 28-November 3, 2022

Harvard Corporate Governance

Posted by the Harvard Law School Forum on Corporate Governance, on Friday, November 4, 2022 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of October 28-November 3, 2022. SEC’s New Pay Versus Performance Disclosure Rule: Important Things To Know. Posted by Eric W. Hilfers, Jonathan J. Katz and Michael L.

Banking 212
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How will US funding for defense technology innovation evolve?

Mckinsey and Company

Companies that focus on defense technology innovation will benefit from a strong understanding of the US Department of Defense budget.

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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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Losing Control? The 20-Year Decline in Loan Covenant Violations

Harvard Corporate Governance

Posted by Thomas P. Griffin (Villanova University), Greg Nini (Drexel University), and David C. Smith (University of Virginia) , on Friday, November 4, 2022 Editor's Note: Tom Griffin is an Assistant Professor of Finance at Villanova University, Villanova School of Business, Greg Nini is an Associate Professor of Finance at Drexel University, LeBow College of Business, and David C.

Finance 147
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Confusion and Frustration Reign as Elon Musk Cuts Half of Twitter’s Staff

NYT M&A

The layoffs hit across many divisions, including the engineering and machine learning units, the teams that manage content moderation, and the sales and advertising departments.

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Keeping the semiconductor industry on the path to net zero

Mckinsey and Company

Growing demand for semiconductors means industry emissions are likely to increase. Semiconductor companies are making sustainability commitments, but more is needed to achieve net zero.

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How Elon Musk’s ‘war room’ of advisers transformed Twitter

Financial Times M&A

In first week as owner, the billionaire has axed management, begun mass job cuts and launched new products

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Inflation Means You and Your Employees Can Save More for Retirement in 2023

Machen McChesney

How much can you and your employees contribute to your 401(k)s next year — or other retirement plans? In Notice 2022-55, the IRS recently announced cost-of-living adjustments that apply to the dollar limitations for pensions, as well as other qualified retirement plans for 2023. The amounts increased more than they have in recent years due to inflation.

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M&A, Joint Ventures and Private Equity in Health Care: 2022 Deal Trends in Review

National Law Review M&A

Lisa Atlas Genecov Ashley Francois Jurisdiction: All Federal Type of Law: Mergers & Acquisitions Health Law & Managed Care Insurance Reinsurance & Surety Financial Institutions & Banking Special highlight:

Equity 80
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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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Europe’s EV opportunity—and the charging infrastructure needed to meet it

Mckinsey and Company

To go carbon neutral by 2050, Europe needs more electric vehicles on the road—and many more EV chargers too. What will this build-out look like and what might it cost?

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Standard General, Unions Still Tussling Over Tegna Takeover

Law 360 M&A

As Standard General and Tegna grow more and more frustrated with the amount of time the FCC is taking to review their proposed takeover, the companies continue to trade barbs with the unions who oppose the deal to take the broadcasting giant private.

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Renewable-energy development in a net-zero world: Overcoming talent gaps

Mckinsey and Company

The rapid growth of renewables depends on the industry finding enough employees with the right skills and experience.

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3rd Circ. Partly Revives Stream TV Founder's Asset Claims

Law 360 M&A

The Third Circuit has partly revived claims filed by Stream TV Networks Inc. founder Mathu Rajan in the ongoing conflict over Stream and its assets, vacating a district court's dismissal of Rajan's claims for tortious interference with contract and civil conspiracy, while affirming the court's dismissal of Rajan's other two counts.

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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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Understanding the Extension of ACA Enhanced Premium Tax Credit (PTC)

ThomsonReuters

On August 16, 2022, the Inflation Reduction Act was signed into law by President Biden. Included in this legislation is a section aimed at improving affordability and reducing premium costs of health insurance for consumers. . Within this provision, a refundable premium tax credit (PTC) is available on a sliding-scale basis for individuals and families who are enrolled in a qualified health plan purchased on the state or federal exchange Marketplace, and who aren’t eligible for other qua

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Ex-Twitter Employees Sue Company Over Firings

Law 360 M&A

Twitter violated the Worker Adjustment and Retraining Notification Act when it suddenly started firing workers shortly after Elon Musk closed his $44 billion deal to buy the social media platform, four former employees said in a proposed class action in California federal court.

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The Titanium Economy: Capturing opportunities in the energy transition

Mckinsey and Company

Industrial technology companies have a key role in the sustainability marketplace.

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Cox Says T-Mobile Claims 'Flout' Del. Supreme Court Remand

Law 360 M&A

T-Mobile US Inc. urged Delaware's Chancery Court on Friday to preserve new allegations it levied against Cox Communications Inc. in the companies' ongoing dispute over a broken partnership on wireless service, arguing at a hearing in Wilmington that Cox's newest alleged breaches went beyond the narrow scope of a Delaware Supreme Court remand.

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The Guardian view on the book publishing industry: no one size fits all | Editorial

The Guardian M&A

The failure of a recent bid to merge two large publishing companies shines a light on a central issue of cultural power Despite a rise in self-publishing , commercial publishers are still the main gatekeepers of what arrives on our bookshelves. As such, they have great cultural and – if a book takes off – economic power. A case decided in a US court this week provided an insight into just how much of that power is now concentrated in a small handful of multinational companies.

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Valuation of Solar PV module Plant

RNC

Valuation of a partially constructed Solar PV Module Plant. Introduction. We have been assigned to evaluate a Photo voltaic Panel manufacturing plant that was admitted to CIRP under IBC. The plant was under construction when it was admitted into CIRP & construction has been stopped thereafter. The majority of the plant & machinery were installed when the constriction stopped.

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What’s an exit plan and why do I need one for my startup?

Vested

When you board a plane to go on holiday, you’re probably thinking about your sunny destination, not where the plane’s emergency exit is. Of course, it’s helpful to know where the emergency exits and safety features are, but they’re hardly at the forefront of your mind. The same is often true for startups; when you found a brand-new company, you’re thinking about all the excitement yet to come, not your future exit.

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Benchmark International Facilitated The Transaction Between Impact Communications And Imagination Works, Inc.

Benchmark Report

The seller, Impact Communications, is a Cleveland, OH-based full-service production company specializing in in-person and virtual event experiences, video production, museum and exhibits, and interactive applications. With over 40 years of providing services to some of the largest brands in the country, Impact Communications has established a stellar reputation for delivering quality projects.

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Rising Interest Rates Will Likely Affect More Than Just RIA Stock Prices

Auto Dealer Valuation Insights

We haven’t blogged about the bond yields of RIA aggregator firms in the past because there hasn’t been much to report. Before this year, yields didn’t move much and generally stayed between 2% and 8%, depending on the term and credit quality of the issuer. That all changed last November when the Federal Reserve and other central banks began raising interest rates to fight mounting inflationary.

Banking 52
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Kurt Weirich of Kia America Uses Mindfulness to Lead Internal Audit

Audit Board

Join Richard Chambers for a new episode of his Agents of Change video series, featuring conversations with internal audit leaders from some of the world’s most prominent organizations about innovation in the profession. . In this episode, Richard sits down with Kurt Weirich, National Manager, Internal Audit of Kia America , to discuss how using mindfulness helps him cultivate calm, focus, and executive presence when faced with the ever-changing challenges of the CAE role, as well as: Leveraging

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Sign up for My Social Security

Henry Horne

You don’t have to wait until you’ve retired to sign up for My Social Security. There are many benefits to having an account now. Don’t miss: Home ownership deductions Once you’ve established an account, you’ll probably never have to call of visit your local Social Security office again. Almost everything you need can be done … Keep Reading.

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Toshiba Buyout's Japan Industrial Partners-Led Bidder For May Miss Deadline To Secure Financing

Benzinga

Last week, a consortium led by Japan Industrial Partners Inc (JIP) explored a takeover of Toshiba Corp (OTC: TOSBF ) (OTC: TOSYY ) at a valuation of about ¥2.4 trillion ($16.1 billion). The deal could be Asia’s biggest deal this year. The consortium might miss the November 7 deadline to secure financing, Bloomberg reported citing people familiar.

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Benchmark International Successfully Facilitated the Transaction Between We Are Hyrdogen Ltd and PA Media Group

Benchmark Report

Benchmark International is delighted to announce the acquisition of Glasgow-based Hydrogen by London-based PA Media. Established in 2016, award-winning Hydrogen is the largest social media agency in Scotland, specialising in social media management, B2B and B2C content creation, community management, paid advertising, research, and insights. The company has delivered significant year-on-year growth since its formation and has worked with clients across the publishing, utilities, FMCG and hospita

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Agnico Eagle Mines - Pan American Silver Offer Around $5B To Buy Yamana Gold

Benzinga

Yamana Gold Inc (NYSE: AUY ) received an unsolicited binding proposal from Agnico Eagle Mines Ltd (NYSE: AEM ) and Pan American Silver Corp (NASDAQ: PAAS ) to acquire the company in an almost $5 billion cash-and-stock deal. Total consideration consists of $1.0 billion in cash and the issuance of approximately 153.5 million Pan American shares and approximately 36.1 million.

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Pennsylvania: Remote Sales Via Amazon FBA Did Not Create Sales Tax and Personal Income Tax Nexus

Trout CPA

The Pennsylvania Commonwealth Court (one of Pennsylvania’s appellate-level courts) has unanimously ruled that the Pennsylvania Department of Revenue could not assert nexus against out-of-state online businesses that sell merchandise through Amazon’s Fulfillment by Amazon (FBA) program. ( Online Merchants Guild v. Hassell , Commonwealth Court of Pennsylvania, No. 179 M.D. 2021, September 9, 2022).

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Twitter and Risk

Norman Marks

The purchase of Twitter by Elon Musk is being followed by mass layoffs. For me and probably others, the potential changes (including the abandonment of the platform by many of my followers) is likely to present a challenge. Its one of the ways I receive and then share information. But for many employees of Twitter, […].

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Top Five Things to Know About PennDOT's NEVI Grant Funding

Trout CPA

Written by Brady Lausch. As consumers continue to demand cleaner transportation, the trend of Electric Vehicles (EV) has become increasingly more relevant. However, a major drawback to electric vehicles still exists. There is not an established charging infrastructure nationwide to support travel with EVs. The Federal Government is making an effort to change this through the National Electric Vehicle Infrastructure (NEVI) grant.

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Appraiser Newsroom - Untitled Article

Appraiser Newsroom

appraisers.org is scheduled to be down for maintenance on Friday, November 11 starting at 11:00pm ET. We expect to be back in a couple hours. Thanks for your patience.

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What Would an Economic Downturn Mean for Technology M&A Activity, and How Should Buyers and Sellers Get Ready for the Coming Cycle?

National Law Review M&A

Louis Lehot Eric Chow Brandee L.

Banking 85
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Chief performance officers can be a secret ingredient for private equity success. Here’s why

Mckinsey and Company

Operating groups gain an edge when they add a CPO, but these roles are still rare in private equity firms. That should change.