Tue.May 17, 2022

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A Mid-Season Look at 2022 Shareholder Proposals

Harvard Corporate Governance

Posted by Michael Peregrine and Eric Orsic, McDermott Will & Emery LLP, on Tuesday, May 17, 2022 Editor's Note: Michael W. Peregrine and Eric Orsic are partners at McDermott Will & Emery LLP. This post is based on a NACD BoardTalk publication. As we sit squarely in the middle of proxy season, we have a useful vantage point from which to consider already announced shareholder proposals and anxiously await investor feedback on those matters presented for shareholder votes.

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How Women are Overcoming Bias in Bookkeeping

Accounting Web

Bookkeeping How Women are Overcoming Bias in Bookkeeping.

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The Most Curious Rule Proposal in Securities and Exchange Commission History

Harvard Corporate Governance

Posted by Joseph Grundfest (Stanford University), on Tuesday, May 17, 2022 Editor's Note: Joseph A. Grundfest is William A. Franke Professor of Law and Business at Stanford Law School. This post is based on his recent paper. I write this post in response to the release (the “Proposing Release”) regarding proposed rules (the “Proposed Rules”) under the Investment Advisers Act of 1940 (the “Advisers Act”).

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Sustainability in semiconductor operations: Toward net-zero production

Mckinsey and Company

As semiconductor companies ramp up production to meet surging demand, greenhouse-gas reduction deserves equal emphasis.

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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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California Court of Appeal Upholds Federal Forum Provision

Harvard Corporate Governance

Posted by Matthew Rawlinson, Melissa Arbus Sherry, and Nicholas Rosellini, Latham & Watkins LLP, on Tuesday, May 17, 2022 Editor's Note: Matthew Rawlinson and Melissa Arbus Sherry are partners and Nicholas Rosellini is an associate at Latham & Watkins LLP. This post is based on a Latham memorandum by Mr. Rawlinson, Ms. Sherry, Mr. Rosellini, and Daniel Gherardi.

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Leading from the heart: How Freshworks’ CEO built a global tech unicorn

Mckinsey and Company

Girish Mathrubootham, CEO of the India-born, US-headquartered software-as-a-service start-up believes that this is the decade for India as a product nation.

Start-ups 116

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Trying to boost corporate travel sales? Five questions for airline executives

Mckinsey and Company

As airlines try to hasten the recovery of the highly profitable business travel segment, they should steer clear of five common sales pitfalls.

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Get started on the Microsoft Cloud for Sustainability with new Avanade services

Avanade

Avanade is announcing two services to enable organizations to drive value from the Microsoft Cloud for Sustainability and their existing investments in digital technologies.

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The McKinsey Crossword: Asian American and Pacific Islander Heritage Month | No. 76

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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Deal Structures: Wisely Negotiating More Than Price When Selling a Business

Viking Mergers

When selling a business, there is much more up for negotiation than just the purchase price. We believe that a well-informed seller is better equipped to make the right choices for themselves and their business. This is the first in a series of blogs dissecting the structure of business deals. When a buyer wants to purchase your business, they will present an offer document.

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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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Shipping group CMA CGM to take Air France-KLM stake under cargo tie-up

Financial Times M&A

Container company seeks to expand its reach after business soared during pandemic

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What are Elon Musk’s options in the Twitter takeover deal?

The Guardian M&A

The Tesla chief says the deal cannot go ahead unless the platform proves that fewer than 5% of users are bots Elon Musk has said his $44bn (£35bn) planned takeover of Twitter cannot progress until the microblogging platform proves that fewer than 5% of its users are fake or spam accounts. There is a strong chance the world’s richest person could try to walk away from the deal or to negotiate a lower price than the agreed $54.20 a share.

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Ask an Instructor: Is It Permissible to Include Hyperlinks to Comparables in a Digital Appraisal Report?

ISA

5/17/2022 12:00:00 AM. ISA members are invited to send in their questions on all things appraising and education to ISA's instructors. One of ISA's instructors will share answers on the ISA Now Blog. Please send questions to directorofeducation@isa-appraisers.org. Question: When I am writing an appraisal report that is being sent digitally is it permissible to just include the hyperlinks to my comparables in the report?

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Elon Musk: Twitter deal cannot progress without proof on bot numbers

The Guardian M&A

Tesla CEO and world’s richest person expressed concerns about presence of fake accounts on platform Elon Musk has cast further doubt over his $44bn (£35bn) takeover of Twitter after stating the deal “cannot move forward” until the social media company proves that less than 5% of its users are fake or spam accounts. The Tesla chief executive used his Twitter account to say the agreed deal would not progress until the firm showed proof that only a small proportion of its users were fake.

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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 Says Twitter Deal ‘Cannot Move Forward’ in Current State

NYT M&A

Mr. Musk called on Twitter to provide more data about the number of spam and fake accounts on the social media site.

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Small and medium-size commercial insurance: The big opportunity

Mckinsey and Company

The small and medium-size segment is set to thrive in the coming years—and the complexity of the market will only grow. To capture the segment’s potential, insurers should keep several priorities in mind.

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FDIC to Banks Considering Crypto: Ask for Permission, Not Forgiveness

N Contracts

Interest in cryptocurrency is surging. Sixteen percent of Americans report having invested in, traded, or used cryptocurrency—including 43 percent of men between the ages of 18 and 29, according to the Pew Research Center.

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Vodafone targets deals as it warns on inflation hit

Financial Times M&A

UK-listed telecoms group under pressure from shareholders to overhaul its businesses

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Innovative Industrial Properties Acquires Massachusetts Property And Enters Into Long-Term Lease With TILT

Benzinga

Innovative Industrial Properties, Inc. (NYSE: IIPR ) has closed on the acquisition of a property comprising approximately 104,000 square feet of industrial space in Taunton, Massachusetts. The purchase price for the property was $40.0 million , which is fully built out and operational as a regulated cannabis cultivation, processing and dispensing facility.

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Frivolous tax arguments – don’t make them

Henry Horne

The IRS has heard more excuses for why someone thinks they are exempt from paying taxes than your fourth-grade teacher for why another student’s homework was late (because it was never yours right?). We are a large populace with a government that taxes it’s citizens on their worldwide income. And who likes to pay taxes? … Keep Reading. The post Frivolous tax arguments – don’t make them appeared first on Henry+Horne.

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Benchmark International Successfully Facilitated the Transaction Between LaddersFree Ltd and REACT Group PLC

Benchmark Report

Benchmark International is pleased to announce the transaction between Topsham-based LaddersFree and AIM listed REACT, in a deal worth up to £8.5m. Established for 20 years, LaddersFree is a commercial window cleaning business serving independent, regional, and national customers across the UK. With an established network of over 300 approved service partners, LaddersFree utilises local window cleaning companies to offer its services to all areas of mainland UK.

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Twitter/Elon Musk: board must hold wavering tycoon to his word

Financial Times M&A

Billionaire’s grievances provide little justification to walk away from deal

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Dear Mr Musk, stop bleating about Twitter bots and get on with it

The Guardian M&A

The tycoon’s behaviour over the $44bn takeover is disgraceful – but it may prove effective too What are Elon Musk’s options in the Twitter takeover deal? Elon Musk: ‘Deal can’t progress without proof on bots ’ You’re on the hook, Elon, so stop bleating about bots and cease speculating about a lower takeover price. When we agreed a bid at $54.20 a share, in cash, you waived your right to conduct due diligence.

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Does the Threat of Securities Class Actions Add Value for Shareholders? Evidence from China

Reynolds Holding

Securities class actions (SCA) are an important governance mechanism in the U.S. securities market, but there is a significant debate about their costs and benefits to investors. SCA are intended to serve two key functions in investor protection: disciplining and deterring fraud and compensating aggrieved investors. On the one hand, SCA are more efficient and powerful than individual securities suits and, thus, can enhance investor protection.

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Building a “digital operating rhythm” with OKR software

Mckinsey and Company

As the pandemic has fueled the growth of remote work and the pace of strategic planning, more companies are looking for greater transparency around goals and execution. Deidre Paknad, the co-founder and CEO of Workboard, is growing a business that provides just that.

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Twitter Urges Shareholders to Move Forward With Elon Musk

NYT M&A

In a filing on Tuesday, Twitter said it was still committed to its agreement with Elon Musk and urged shareholders to vote in favor of it.

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Expand diversity among your suppliers—and add value to your organization

Mckinsey and Company

Companies can unlock more value in their supplier diversity programs by including higher-growth sectors and promoting diversity across the business ecosystem.

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Elon Musk raised prospect of Twitter takeover as early as March

Financial Times M&A

Billionaire discussed taking group private with board more than a week before disclosing initial stake

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Musk Threatens To Halt Twitter Deal Over 'Bots' Dispute

Law 360 M&A

Tesla Inc. CEO Elon Musk said Tuesday his prospective $44 billion acquisition of Twitter Inc. will not proceed unless the social media platform's CEO can prove that "bots" represent less than 5% of Twitter users.

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Martin Sorrell’s S4 resumes acquisitions with TheoremOne deal

Financial Times M&A

Acquisition of LA-based company is first since advertising group became mired in accounting issues

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Elder fraud – A sad state of affairs

Henry Horne

The FBI recently released the 2021 IC3 Elder Fraud Annual Report. Along with the Department of Justice Elder Fraud Initiative and the Internet Crime Complaint Center (IC3), the FBI is committed to identifying, investigating and prosecuting criminals who target seniors. I commend this effort having an elderly grandmother who was a victim of a fraud … Keep Reading.

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UniCredit and Commerzbank merger talks derailed by Ukraine war

Financial Times M&A

Italian and German chief executives scheduled talks earlier this year but shelved tie-up

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Here's Why Q2 Holdings Shares Are Trading Up Today

Benzinga

Banking software provider Q2 Holdings, Inc (NYSE: QTWO ) explored options, including a sale after receiving takeover interest, Bloomberg reports. The Austin-based company fielded interest from potential private equity buyers. Cash-rich private equity firms have aggressively. Full story available on Benzinga.com.

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Single-Family Rental Investment Co. Inks $575M SPAC Deal

Law 360 M&A

The holding company of Renters Warehouse, a platform for managing and investing in single-family rental homes, said Tuesday it will go public at a $575 million valuation after combining with a special purpose acquisition company, in a deal shaped by four law firms.

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