Wed.Jul 13, 2022

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Board Diversity Action Expands to Courtrooms, Regulators, and Investors

Harvard Corporate Governance

Posted by Matthew Fust, on Wednesday, July 13, 2022 Editor's Note: Matthew Fust serves as a board member for several publicly traded and venture-backed biopharmaceutical companies and is a corporate finance and strategy advisor in the life sciences industry. This post is based on an NACD BoardTalk publication. Related research from the Program on Corporate Governance includes Politics and Gender in the Executive Suite (discussed on the Forum here ) by Alma Cohen, Moshe Hazan, and David Weiss; W

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The Great Attrition is making hiring harder. Are you searching the right talent pools?

Mckinsey and Company

People keep quitting at record levels, yet companies are still trying to attract and retain them the same old ways. New research identifies five types of workers that employers can reach to fill jobs.

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SEC Requests Comment on Regulation of Information Providers Under the U.S. Investment Advisers Act

Harvard Corporate Governance

Posted by Whitney Chatterjee, Don Crawshaw, and Eric Diamond, Sullivan & Cromwell LLP, on Wednesday, July 13, 2022 Editor's Note: Whitney Chatterjee , Don Crawshaw , and Eric Diamond are partners at Sullivan & Cromwell LLP. This post is based on a Sullivan & Cromwell memorandum by Ms. Chatterjee, Mr. Crawshaw, Mr. Diamond and Amy Dreisiger.

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Best of both worlds: Balancing digital and physical channels in retail banking

Mckinsey and Company

Banking distribution needs to account for the evolving interdependencies between channels. Accelerating digital and upgrading the physical experience to “phygital” offers a viable solution.

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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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The Proposed SEC Climate Disclosure Rule: A Comment from the U.S. Chamber of Commerce

Harvard Corporate Governance

Posted by Tom Quaadman and Evan Williams, U.S. Chamber of Commerce, on Wednesday, July 13, 2022 Editor's Note: Tom Quaadman is Executive Vice President and Evan Williams is Director of the Center for Capital Markets Competitiveness, both at the U.S. Chamber of Commerce. This post is based on a comment letter submitted by the U.S. Chamber of Commerce to the U.S.

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‘A model of bad faith’: why Twitter is suing Elon Musk

The Guardian M&A

Analysis: Twitter’s fury at Tesla CEO’s attempt to walk away from a $44bn deal is spelled out in its lawsuit Twitter is suing Elon Musk over his decision to terminate an agreed $44bn (£37bn) takeover of the company. An already acrimonious relationship descended into outright hostility on Tuesday when it lodged a lawsuit in the US state of Delaware, the company’s corporate base, accusing Musk of trashing the company and walking away.

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5 Essential Software Tools to Get Your Business Through Tough Economic Times

Rhythm Systems

With so much uncertainty and many experts warning we are on the cusp of an economic downturn or possible recession, you may be looking to eliminate expenses and shore up your cash. While you can't cut your way to growth, you've got to ensure you are positioning your company well to withstand uncertain times with the capital to survive and thrive. If you're re-evaluating your tech stack, you're not alone.

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Pershing Square Investor Drops Suit Over SPAC Status

Law 360 M&A

The decision of Pershing Square Tontine Holdings Ltd. to cease operations this month and return money to investors will bring an end to a proposed class action in New York federal court against the blank-check company, as the suing shareholder agreed on Tuesday to dismiss the complaint.

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Forward Thinking on people, places, and the revenge of places that don’t matter with Andrés Rodríguez-Pose

Mckinsey and Company

A leading economic geographer talks regional growth and inequality, discontent and populism, innovation, migration, and development policies and strategies.

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EU Watchdog Gets OK To Review $8B Illumina Acquisition

Law 360 M&A

A European Union court ruled on Wednesday that the bloc's antitrust enforcer can scrutinize deals that would not usually be subject to reviews because of a revenue threshold, allowing the commission to go ahead with its assessment of the $8 billion acquisition by DNA sequencing giant Illumina of Grail Inc.

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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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OCC: Operational and Compliance Risk Elevated in 2022

N Contracts

Want to make sure your risk management practices are protecting your institution from regulatory issues? Make sure you’re paying enough attention to operational and compliance risk.

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Country Risk: A 2022 Mid-year Update!

Musings on Markets

It has been my practice for the last two decades to take a detailed look at how risk varies across countries, once at the start of the year and once mid-year. In most years, the differences between the two updates are small, and often ignorable, but this year's update brings significant changes for many reasons. The first is the retreat of risk capital, which I talked about in my last post, not only affects the flow of capital and repricing of the riskiest assets (high yield bonds, money losing

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Hindenburg Research backs Twitter and bets against Elon Musk

Financial Times M&A

New York-based firm says Tesla chief has ‘squandered much of his leverage’ in attempt to pull out of $44bn deal

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Mid-Year Update: No Antitrust Redux Yet Despite Stack Of Bills

Law 360 M&A

Despite beginning the year with a slew of antitrust legislation, the prospect of Congress passing any significant competition-related proposals during the current session appears to be dwindling, though a bill targeting Big Tech platforms continues to garner attention.

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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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What really is the metaverse, and more importantly, why should you care?

Avanade

This blog post is a practical take on the metaverse, from Avanade Advisory lead, Jillian Moore.

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Musk Ties Twitter Deal Exit To Long-Shot Breach Claim

Law 360 M&A

Elon Musk's attempt to walk away from a $44 billion agreement to buy Twitter relies on a once-arcane notion in Delaware corporate law that only recently saw success in court, and experts say the billionaire's prospects hang on a long shot.

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Scaling textile recycling in Europe—turning waste into value

Mckinsey and Company

Fiber-to-fiber recycling at scale could be achieved by 2030, creating a new and sustainable circular industry in Europe.

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Elon Musk's $44 Billion Anti-Social Twitter Timeline

Law 360 M&A

Elon Musk's recent withdrawal of his $44 billion offer to buy Twitter Inc. triggered a 62-page lawsuit in Delaware Chancery Court this week, laying out a detailed thread of events starting from when he first proposed to buy the company in April to his efforts to back out of the transaction in July.

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It’s time to become a digital investing organization

Mckinsey and Company

In the investment sector, AI and other digital technologies are ushering in the next horizon of performance differentiation. Here’s how to level up.

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Meet The Lawyers Backing Twitter Against Elon Musk

Law 360 M&A

Both Elon Musk and Twitter Inc. are breaking out the big guns in a Delaware Chancery Court fight that will determine whether the eccentric billionaire can back out of his promise to buy the social media company for $44 billion.

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June 2022 SAAR

Auto Dealer Valuation Insights

The June SAAR was 13 million units, up 2.3% from last month but down 16% compared to June 2021. This month’s release closes out the second quarter of this year, bringing the total Q2 2022 SAAR to 13.4 million units. Q1 2022 SAAR of 14.1 million units was already considered low compared to pre-pandemic, and the last few months have analysts wondering if the total 2022 SAAR will manage to exceed the.

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What is My Business Worth in North Carolina?

Midstreet Blog

As a business owner in North Carolina, you’re busy. You might take care of day-to-day operations, approve budgets, have a hand in marketing, and of course, you’re always the go to for greenlights on big projects and decisions. With all that taking place, you rarely have the chance to sit down and ask “What is my business actually worth?”.

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Theravance Biopharma, Innoviva Gain On Selling TRELEGY ELLIPTA Royalty Interests

Benzinga

Theravance Biopharma, Inc. (NASDAQ: TBPH ) has agreed to sell all of its units in Theravance Respiratory Company , LLC, representing 85% economic interest in the sales-based royalty rights on worldwide net sales of GSK plc’s (NYSE: GSK ) TRELEGY ELLIPTA to Royalty Pharma (NASDAQ: RPRX ) for over $1.5 billion. The transaction is intended to provide near-, mid-and long-term value to Theravance with an upfront cash payment of ~$1.1 billion, up to $250 million in additional milestone.

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5 Things To Consider When Getting A Personal Loan

Financial Analyst Insider

Personal loans are some of the most popular loans in the country. Everyone is getting personal loans, and why? They are one of the easiest. The post 5 Things To Consider When Getting A Personal Loan appeared first on Financial Analyst Insider.

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Sanofi Offloads 17 Products To Neuraxpharm

Benzinga

Sanofi SA (NASDAQ: SNY ) has entered a deal to hand over 17 products to central nervous system (CNS) specialist Neuraxpharm for an undisclosed sum. The drugs comprise two product portfolios for CNS disorders, pain, and vascular diseases, Neuraxpharm said in. Full story available on Benzinga.com.

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Top 7 Methods of Banking Fraud Prevention 

Financial Analyst Insider

As the globe continues to evolve, so do the rate and frequency of our monetary transactions. And in an increasingly digital environment, it is more. The post Top 7 Methods of Banking Fraud Prevention appeared first on Financial Analyst Insider.

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What The $4.4B Merger Of Unity And IronSource Means For The Video Game Industry, Shareholders

Benzinga

Two companies in the video game sector agreed to a merger that will create the first end-to-end platform for creators to build, run, manage, grow and monetize live games. Here are the key details for investors and gamers. What Happened: Unity Software (NYSE: U ) and IronSource (NYSE: IS ) announced a deal that will see IronSource become a wholly-owned subsidiary of Unity.

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What does Sellability Mean? And How Do I Get to it?

Quantive

If you’re thinking about selling your business or want to build it to a point where buyers will be eager to take it off your hands, you’ll need to know about the concept of saleability (or sellability). Saleability relates to the extent the business is capable of being sold or marketed. You could be interested […].

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Last Call for Lease Accounting

Machen McChesney

The updated lease accounting standard is currently in effect for private companies. After several postponements during the pandemic, the Financial Accounting Standards Board (FASB) voted unanimously to move forward with the changes. That means private companies and private, not-for-profit entities that follow U.S. Generally Accepted Accounting Principles (GAAP) must adopt the new standard for fiscal years beginning after December 15, 2021, and interim periods within fiscal years beginning after

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U.S. banning accounting and consulting services to Russia

Henry Horne

You may have missed the U.S. has joined several other countries in banning accounting and consulting services to Russia. The U.S. Department of the Treasury issued a determination in response to an Executive Order prohibiting certain accounting and consulting services to persons located in Russia. The determination may be found here determination_05082022_eo14071.pdf (treasury.gov).

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Why TherapeuticsMD Shares Are Sinking Today?

Benzinga

Women's healthcare company TherapeuticsMD Inc (NASDAQ: TXMD ) shares are falling as EW Healthcare Partners did not acquire the required majority of shares of TXMD through the previously announced tender offer by the extended deadline. TherapeuticsMD's products are designed with a focus. Full story available on Benzinga.com.

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Arnold & Porter Lands Life Sciences Partner From Reed Smith

Law 360 M&A

Arnold & Porter has announced the addition of Betty Yan as a partner in its corporate and finance group who will work in both the firm's New York and New Jersey offices.

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Middleby (MIDD) Buys CP Packaging, Boosts Packaging Offerings

Benzinga

The Middleby Corporation MIDD has acquired CP Packaging, a vacuum packaging equipment manufacturer based in Appleton, WI. CP Packaging generates annual sales of approximately $15 million. The acquisition expands Middleby's manufacturing operations in the Food Processing Equipment Group by boosting packaging equipment offerings. The buyout also enhances MIDD's ability to provide customers with integrated full-line solutions.

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O'Melveny Continues Tech Expansion With Calif. Atty Hires

Law 360 M&A

O'Melveny & Myers LLP continues to expand its technology offerings with the hiring of two transaction partners for its offices in Silicon Valley and San Francisco.