Mon.Jul 11, 2022

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Poised for Change? Boardroom Diversity Survey

Harvard Corporate Governance

Posted by Melissa Aguilar, KPMG Board Leadership Center, on Monday, July 11, 2022 Editor's Note: Melissa Aguilar is Director of Content Creation at the KPMG Board Leadership Center, KPMG LLP. This post is based on her KPMG memorandum. 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; Will Nasdaq’s Diversity Rules Harm Investors?

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Top 5 Growing Business Industries in Nashville, TN

Viking Mergers

Here at Viking Mergers & Acquisitions, we strive to provide the best professional and confidential services to our clients located throughout the Southeast United States. Our markets focus on cities that embrace entrepreneurship and the surrounding areas where business is thriving. Right now, Middle Tennessee is booming with business and entrepreneurship and is an ideal place to start, grow, or buy a business.

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The Proposed SEC Climate Disclosure Rule: A Comment from Scott Hirst

Harvard Corporate Governance

Posted by Scott Hirst (Boston University), on Monday, July 11, 2022 Editor's Note: Scott Hirst is Associate Professor of Law at Boston University. This post is based on his comment letter submitted to the SEC regarding the Proposed SEC Climate Disclosure Rule. Related research from the Program on Corporate Governance includes The Illusory Promise of Stakeholder Governance (discussed on the Forum here ) and Will Corporations Deliver Value to All Stakeholders?

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Corporate Culture and Financial Reporting Quality

Reynolds Holding

Corporate culture is an important determinant of companies’ behavior and success and, as a result, has drawn much attention, particularly from the business press. While some companies have received praise for their corporate cultures, others such as Wells Fargo, Valeant Pharmaceuticals, Toshiba, and Hertz have been severely criticized for maintaining cultures that have led to some of the most egregious misconduct in recent years, despite each of these companies having formal ethics and complianc

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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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Q2 2022 Audit Committee Newsletter: Helping You Prepare for Your Next Meeting

Harvard Corporate Governance

Posted by Maria Moats, Stephen Parker, and Gregory Johnson, PricewaterhouseCoopers LLP, on Monday, July 11, 2022 Editor's Note: Maria Moats is a Leader; Stephen Parker is a Partner; and Gregory Johnson is a Director at the Governance Insights Center, PricewaterhouseCoopers LLP. This post is based on their PwC memorandum. 1. “Dear CFO” letter spotlights disclosures related to war in Ukraine.

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Analyst Warns That Twitter Stock Is In Danger Of Falling To $11: Here's Why

Benzinga

Twitter Inc (NYSE: TWTR ) shares are falling Monday after Tesla Inc (NASDAQ: TSLA ) CEO Elon Musk on Friday filed to terminate his proposed deal with the social media company. If Musk is able to successfully back out of the Twitter deal, one analyst warns that the stock is at risk of trading down to levels never seen before. "I think that there's reason to be cautious and concerned about what could come," Rosenblatt Securities analyst Barton Crockett said Monday on CNBC's "

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Elon Musk Breaks Silence On Aborted Twitter Deal With Memes: Here's What He Said

Benzinga

Late Friday, Elon Musk officially confirmed that he is pulling out of the deal to buy Twitter, Inc. (NYSE: TWTR ). Twitter's board reacted with its intent to pursue the matter in court. Musk, who remained tight-lipped about the aborted deal despite a public appearance this weekend, tweeted a couple of memes on the development. In the first of the memes he shared, Musk sequenced the proceedings in the Twitter buyout saga.

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Tracking The Pandemic Recovery Of Retail And Hospitality Sectors

Benchmark Report

The Retail Industry Now that we seem to finally be closing in on the end of the COVID-19 pandemic, 2022 is likely to continue to see overall growth in the retail sector, but not without its share of challenges.

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The Daily Biotech Pulse: Europe Approves Second Round Of Booster Doses of mRNA COVID-19 Vaccines, Perrigo Seeks Approval For First OTC Birth Control Pill, MacroGenics Closes Head & Cancer Study After Patient Death

Benzinga

Here's a roundup of top developments in the biotech space over the last 24 hours: Stocks In Focus. European Regulator Recommend Additional Booster Doses of mRNA COVID-19 Vaccines. The European Centre for Disease Prevention & Control and the European Medicines Agency have recommended second booster doses of mRNA COVID-19 vaccines for people between 60 and 79.

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Agreement Among Litigants Key To Using E-Discovery Tech

Law 360 M&A

Parties are increasingly using e-discovery technologies to control costs, but as a New York federal court order in Actos Antitrust Litigation shows, a well-drafted, negotiated protocol allows them to address potential objections prior to use and helps protect against later claims of incomplete production, say attorneys at McGuireWoods.

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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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Innoviva Bolsters Its Infectious Disease, Hospital Portfolio With La Jolla Deal

Benzinga

Innoviva Inc (NASDAQ: INVA ) has agreed to acquire La Jolla Pharmaceutical Company (NASDAQ: LJPC ) for $5.95 per share, representing a premium of approximately 70% to the 30-day volume-weighted average price. Innoviva will also pay an incremental $0.28 per share for additional cash proceeds. Full story available on Benzinga.com.

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How Elon Musk Damaged Twitter and Left It Worse Off

NYT M&A

Mr. Musk swooped in and exposed Twitter’s lack of business and financial prospects. After criticizing the company’s weaknesses, he now wants to back out of buying it.

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ViaCyte Acquisition Can Accelerate Vertex's Ongoing Type 1 Diabetes Programs

Benzinga

Vertex Pharmaceuticals Incorporated (NASDAQ: VRTX ) has agreed to acquire ViaCyte , a privately held biotechnology, for $320 million in cash. ViaCyte is focused on delivering stem cell-derived cell replacement therapies as a functional cure for type 1 diabetes (T1D). Vertex's VX-880 is an. Full story available on Benzinga.com.

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Twitter’s Stock Falls Further as Doubts Swirl Over Musk’s Takeover

NYT M&A

Shares of the social media company have lost a third of their value since April 25, when Mr. Musk’s offer to buy the company was accepted by the company’s board.

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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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Joules appoints KPMG to help boost profitability

Accountancy Today

Outdoor fashion and lifestyle retailer Joules has appointed ‘ Big Four ’ accounting firm KPMG to improve its cash position in the face of turbulent economic conditions due to the cost of living crisis. . According to reports from The Sunday Times , Joules has called in advisors from KPMG’s debt advisory practice to explore options to shore up its cash position, with raising fresh capital said to be among one of the options available. .

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Could Twitter Force Musk to Close the Deal? Here’s What We Know

NYT M&A

Twitter is in a good position to sue under a legal doctrine called specific performance, which allows courts to force a transaction to be completed, even if one of the parties wants out.

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Grant Thornton leads on sale of Incentive FM Group

Accountancy Today

Grant Thornton UK’s corporate finance team has revealed the completion of its fourth deal in the built environment sector for this year, as it has reportedly led the strategic sale of Incentive FM Group to leading global facilities management group Atalian Servest. Established in 2001 and headquartered in London, Incentive FM Group is said to provide a unique offering of total FM services such as cleaning, security, front of house and technical services, as well as landscaping, waste management

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How laughing Elon Musk got serious about ending Twitter deal

The Guardian M&A

Billionaire finds platform he no longer wants to buy useful after termination of $44bn takeover Elon Musk just couldn’t help himself on Monday morning. Having announced the termination of his $44bn takeover of Twitter, he took to the platform he no longer wants to buy and mocked its likely legal response. Musk’s tweet to his 100 million followers stated: “They want to force me to buy Twitter in court.

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5 Ways Attorneys Can Get Better Outcomes When Working with a Forensic Accountant

Gross Mendelsohn

When I tell people that I’m a forensic accountant, they sometimes think of Christian Wolff, Ben Affleck’s character in the movie The Accountant. While it’s true that a forensic accountant can use their skills to investigate a company for potential embezzlement, the majority of cases they help attorneys with are far less glamorous.

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Shaping the future of data transformation at the 2022 Data and AI Summit

Avanade

Eric Hausken reports from the 2022 Data and AI Summit while celebrating our 2022 Databricks Global Partner of the Year award.

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What Is Delaware’s Court of Chancery and Its Role in Elon Musk’s Twitter Deal?

NYT M&A

If Twitter sues Mr. Musk to force a sale of the company, the case is likely to end up at a 230-year-old court in Delaware.

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Merger arbitrage funds go hunting as corporate deals come under threat

Financial Times M&A

Elon Musk’s agreement to buy Twitter is one of several deals that has thrown up opportunities for specialist funds

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How Spanish hospitality companies can overcome the staff-shortage challenge

Mckinsey and Company

Spain’s hospitality industry could make use of five key acquisition trends to attract and retain talent.

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Twitter calls Musk’s bid to scuttle $44bn deal ‘invalid and wrongful’

Financial Times M&A

Letter claims Tesla chief was the one who breached merger agreement as battle over takeover heats up

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Musk-Twitter Saga In Uncharted Waters, With Ending Unclear

Law 360 M&A

Elon Musk's effort to terminate his agreement to buy Twitter Inc. could end through several scenarios, ranging from negotiated settlements to protracted litigation, legal experts say. Here are key points to watch as the dispute unfolds.

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Lipsticks, lattes?.?.?.?and now labradors: JAB’s bet on pets

Financial Times M&A

Holding company’s investments in vets and insurance are under scrutiny from competition officials

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Musk's Bid For Free Twitter Exit May Hit Chancery Dead End

Law 360 M&A

Tech innovator Elon Musk and Twitter appear all but guaranteed a fast-tracked Delaware Court of Chancery trial on Musk's attempt to ditch a $44 billion acquisition of the social media giant, experts said Monday, with Musk likely up against nearly insurmountable arguments he must honor the deal.

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Weekly IRS Roundup July 4 – July 8, 2022

National Law Review M&A

Tax Practice Group McDermott Will Emery Jurisdiction: All Federal Type of Law: Tax Mergers & Acquisitions Estates & Trusts

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2 Firms Lead $320M Vertex Acquistion Of Diabetes Treatment Co.

Law 360 M&A

Vertex Pharmaceuticals Inc., repped by Skadden, plans to acquire Cooley-steered biotechnology company ViaCyte Inc. for $320 million in a merger that would unite the companies in working to find a cure for Type 1 diabetes, Vertex announced Monday.

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Wachtell Lipton Discusses Legal Considerations for Decentralized Autonomous Organizations

Reynolds Holding

We recently wrote about the emergence of a new breed of business organizations — decentralized autonomous organizations (DAOs) — to contend that the governance design for these blockchain-based organizations should heed some of the hard-fought lessons that have helped to form the pillars of modern corporate governance. It is also important to confront certain features of DAO governance that present distinct challenges for counterparties seeking to invest or engage in commercial transactions wit

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Elon Musk’s new moonshot: toppling corporate law

Financial Times M&A

Plus, a £1 deal comes under question and the bespectacled billionaire beating Tesla

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Why Your Firm Isn't Done Preparing for the Future

Accounting Web

Growth Why Your Firm Isn't Done Preparing for the Future.

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Sustainability value in chemicals: Market tailwinds versus ESG scores

Mckinsey and Company

New research shows that chemical companies with sales exposure to end markets aligned with sustainability have higher valuations.

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Twitter: Musk Makes a Run for the Exit

John Jenkins

As has appeared inevitable for some time, Elon Musk formally attempted to terminate his merger agreement with Twitter on Friday. Here’s the termination letter from Musk’s lawyers.

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