Thu.May 12, 2022

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Long-Term Incentive Plans: Payouts and Performance Alignment

Harvard Corporate Governance

Posted by Michael Bonner and Melissa Burek, Compensation Advisory Partners, on Thursday, May 12, 2022 Editor's Note: Michael Bonner is principal and Melissa Burek is a founding partner at Compensation Advisory Partners. This post is based on their CAP memorandum. Related research from the Program on Corporate Governance includes Paying for Long-Term Performance by Lucian Bebchuk and Jesse Fried (discussed on the Forum here ).

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The DealStats Value Index: A Value-Added Proposition

BVR

BVR’s DealStats platform is one of the best ways to discover complete financials for public- and private-company transactions. But one aspect that adds substantial value to a DealStats subscription is the DealStats Value Index. Get a sneak peek at some of the 4th quarter 2021 issue’s insights.

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BlackRock on Climate-Related Shareholder Proposals

Harvard Corporate Governance

Posted by Sandra Boss and Michelle Edkins, BlackRock, Inc., on Thursday, May 12, 2022 Editor's Note: Sandra Boss is Global Head of Investment Stewardship and Michelle Edkins is Managing Director of Investment Stewardship at BlackRock, Inc. This post is based on their BlackRock memorandum. BlackRock Investment Stewardship (BIS) takes a case-by-case approach to shareholder proposals and, without exception, takes voting decisions on proposals as a fiduciary acting in clients’ long-term economic int

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Digital transformation on the CEO agenda

Mckinsey and Company

Successful digital transformations may not be as elusive as you think. The best CEOs know up front what success looks like—and what stands in their way.

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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 International Swaps and Derivatives Association Annual Meeting

Harvard Corporate Governance

Posted by Gary Gensler, U.S. Securities and Exchange Commission, on Thursday, May 12, 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 International Swaps and Derivatives Association Annual Meeting. 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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What triggers a sales tax audit and how do you reduce the risks?

ThomsonReuters

What triggers a sales tax audit and how do you reduce the risk of an audit? Almost all companies undergo a sales tax audit at some point. It is not only time-consuming, but also takes lots of resources as the process can take from a few weeks to several months. This sales tax audit guide can help indirect tax teams avoid common audit triggers and manage the sales tax audit as smoothly as possible.

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Tips to tackle loneliness in remote teams

Vested

In light of Mental Health Awareness Week and this year’s theme, we thought we’d share things we do as a remote team to tackle loneliness. In case it helps in any way.

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How US consumers are feeling, shopping, and spending—and what it means for companies

Mckinsey and Company

The latest Consumer Pulse survey shows that, across America, people have simultaneously embraced new behaviors and reverted to old ones. What will they do next?

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Two Twitter Leaders Are Leaving Company Following Musk Deal

NYT M&A

An internal memo shared with employees said the platform’s general manager and general manager for revenue would be departing.

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Regulatory Brief for April 2022

N Contracts

There’s no May-Day announcement in this month’s regulatory podcast, but as you’ll quickly see and hear our friends in Washington DC and the State houses have not been sitting still!

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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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Tips For Evaluating Machine Learning For Contracts Review

Law 360 M&A

Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia.

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Around the world, nurses say meaningful work keeps them going

Mckinsey and Company

While some surveyed nurses said they plan to leave direct patient care, the effects of COVID-19 on the nursing workforce may be leveling off.

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Deals Rumor Mill: Instacart, Musk, CVC

Law 360 M&A

Grocery delivery startup Instacart is weighing a direct listing, the SEC is probing Elon Musk's late disclosures involving acquisitions of Twitter stock, and a European private equity firm has delayed its IPO plans. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

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Charity campaigners criticise lack of transparency over Chelsea FC donation

Financial Times M&A

Critics concerned over potential influence of Roman Abramovich’s team in process

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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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7 key actions for financial services organizations partnering with fintech companies

LaPorte

(authored by RSM US LLP) Planning is key for institutions embarking on strategic fintech partnerships. The post 7 key actions for financial services organizations partnering with fintech companies first appeared on LaPorte.

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BT signs sports deal with Warner Bros Discovery

Financial Times M&A

New venture will broadcast English Premier League and Uefa Champions League football matches

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IT Dependency (ITD) Validation Process Best Practices

Audit Board

While Access Provisioning, Access Deprovisioning, and Change Management are areas of Sarbanes-Oxley (SOX) management testing that get a lot of attention, IT Dependency (ITD) validation for completeness and accuracy is often a misunderstood or a missed area of SOX testing by management. In our consulting work at Cooper-Richards with clients managing risk and compliance across many industries, we have noticed different requirements for ITD testing across the major external audit firms.

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Why foreign private equity is eyeing deals in Japan

Financial Times M&A

The country increasingly represents the safest choice for a regional hub

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Worksport Acquires New York Manufacturing Facility For $8M

Benzinga

Worksport Ltd (NASDAQ: WKSP ) subsidiary WKSP NY has acquired a manufacturing facility in New York for $8.125 million. The facility is 152,847 square feet and features a 17,229-square foot Automated. Full story available on Benzinga.com.

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Considerations For A Rarely Used Exit Provision In JV Deals

Law 360 M&A

Relatively few joint venture legal agreements contain buy-sell provisions, but it's worth thinking through the subtle implications of structuring such exit terms to determine whether to include them, say consultants at Ankura.

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Case Review:  Observations From a Recent Auto Dealer Litigation

Auto Dealer Valuation Insights

A recent Appellate Court decision was released from a case (Thomas A. Buckley v. Grover C. Carlock, Jr. et.al.) that we were directly involved in back in 2019. The case centered around a shareholder oppression issue involving a minority owner of an “ultra-high-line” auto dealership. Mercer Capital was hired by the Defendant to serve as the expert witness.

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French SPAC Raises $156M To Support Drug Development

Law 360 M&A

Health care-focused special-purpose acquisition company eureKING listed Thursday on Euronext Paris after raising $156 million, money that will potentially fund the acquisition of companies that make medicines for the biotechnology and pharmaceutical sectors.

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7 Hiring Tips for Summer 2022 and Beyond

Concannon Miller

In today's tight labor market, small businesses — including restaurants, delivery services, retail stores and manufacturers — are struggling to attract and retain top-quality staff. The conditions are likely to worsen in many sectors as demand ramps up during the summer months. To be competitive with other employers, you'll need to be proactive in identifying candidates with the right fit at a reasonable cost.

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First-time home buyer? Talk to your CPA.

Henry Horne

Buying a home can be a stressful process, especially if it is your first time. In a normal market, the administrative, legal, and financial requirements are enough to overwhelm even the most prepared home buyers. And as we all know, the real-estate market has been anything but normal lately. This has further increased the financial … Keep Reading.

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North America Hot Melt Adhesives Market to Worth USD 2.80 Billion by 2029 | North America Hot Melt Adhesives Industry CAGR of 5.1% by (2022-2029)

Benzinga

Pune, India, May 12, 2022 (GLOBE NEWSWIRE) -- The North America hot melt adhesives market size stood at USD 1.86 billion in 2021. The market is anticipated to surge from USD 1.98 billion in 2022 to USD 2.80 billion by 2029 at a 5.1% CAGR during the forecast period. Fortune Business Insights™ has elucidated these insights in its latest research report, titled, " North America Hot Melt Adhesives Market , 2022-2029.".

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Porter Wright Expands Pittsburgh Corporate Practice

Law 360 M&A

Porter Wright Morris & Arthur LLP has expanded its corporate practice with the addition of an attorney in Pittsburgh with more than two decades of experience, the firm has announced.

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Court Declines to Enforce Plan-Imposed Limitations Periods Not Disclosed in Benefit Denial Notices

ThomsonReuters

E.F. v. United HealthCare Ins. Co., 2022 WL 957200 (D. Utah 2022); Anne A. v. United HealthCare Ins. Co., 2022 WL 957199 (D. Utah 2022). E.F. Anne A. In two nearly identical rulings, a federal trial court has concluded that plan-imposed deadlines for filing lawsuits did not apply because they were not set forth in final denial letters to the participants.

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Marketing to the multifaceted Black consumer

Mckinsey and Company

To attract Black consumers, brands must demonstrate quality, social mission, and good value.

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CMS Updates Online Toolkit With Listing of COVID-19 Vaccines That Must Be Covered Without Cost-Sharing

ThomsonReuters

CMS Toolkit on COVID-19 Vaccine: Health Insurance Issuers and Medicare Advantage Plans (Apr. 6, 2022). Available at [link]. CMS has updated its COVID-19 vaccine toolkit to describe the COVID-19 vaccines and boosters currently authorized or approved by the Food and Drug Administration (FDA). Non-grandfathered group health plans must cover without cost-sharing any vaccine authorized under an Emergency Use Authorization (EUA) or approved under a Biologics License Application (BLA) by the FDA immed

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May-June Issue of the Deal Lawyers Newsletter

John Jenkins

The May-June issue of the Deal Lawyers newsletter was just posted and sent to the printer. This month’s issue contains the following articles: – SEC Proposed New Rules to More Tightly Regulate SPAC Activity – Let’s Talk About Tender Offers Remember that, as a “thank you” to those that subscribe to both DealLawyers.

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Class Action Lawsuits Challenge Employers’ Military Leave Practices

ThomsonReuters

Baker v. United Parcel Serv. Inc., 2022 WL 987927 (E.D. Wash. 2022); Haley v. Delta Airlines, Inc., 2022 WL 950891 (N.D. Ga. 2022). Two federal courts have allowed class actions to proceed against employers under the Uniformed Services Employment and Reemployment Rights Act (USERRA). In Baker , an employer provided paid leave to employees taking jury duty, bereavement, or sick leave but did not provide similar paid leave for employees taking short-term leave to engage in USERRA qualified milita

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Davis Polk Discusses CFPB “Dormant” Authority to Examine Wide Range of Companies

Reynolds Holding

The CFPB plans to use its authority to examine any company providing consumer financial products or services that the CFPB has “reasonable cause” to believe poses risks to consumers. The CFPB has announced its intention to invoke its “dormant” statutory authority to examine any company providing consumer financial products or services that it has “reasonable cause” to believe poses risks to consumers. 1 The authority the CFPB is referring to is a catch-all provision in Title X of the Dodd-Frank

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Proactive news headlines including AdAlta Ltd, Hygrovest Ltd, Buru Energy and OzAurum Resources

Benzinga

Sydney, May 13, 2022 (GLOBE NEWSWIRE) -- Proactive, provider of real-time news and video interviews on growth companies listed in Australia, has covered the following companies: AdAlta Ltd (ASX:1AD) has received a buy recommendation from Lodge Partners with a 12-month price target of A$0.25 per share, reflecting an implied upside of 331% from current levels.

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Orrick Adds Willkie Partner To Growing Energy Team

Law 360 M&A

Orrick Herrington & Sutcliffe LLP announced Wednesday that it had added the fifth partner to its energy and infrastructure practice in the past four months with the hiring of a former Willkie Farr & Gallagher LLP attorney in Houston.

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