Wed.Jan 12, 2022

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Decarbonizing the built environment: Takeaways from COP26

Mckinsey and Company

How can the cement and construction industry achieve net zero by 2050? Here are the key takeaways from a roundtable discussion McKinsey hosted at the COP26 Climate Change Conference.

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Global C-Suiters Name Their Fears

Global Finance

In the Conference Board’s annual C-suite survey, executives express concerns about inflation, talent sourcing, and impediments to pandemic recovery, including possible recession in China and supply chain concerns in the US and Europe.

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Redefining corporate functions to better support strategy and growth

Mckinsey and Company

Striking the right balance between decentralized functions and centralized control starts with addressing the needs of business units.

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Is Hyundai’s Parallel Strategy a Potent Value Play?

Andrew Stolz

Hyundai sees the future in hydrogen, unlike other carmakers. Highlights: Contrarian bet on hydrogen could be a winning strategy. Long-awaited margin rebound could justify re-rating. Reducing reliance on global supply chains. Download the full report as a PDF. Price signal unclear, but volume supports bullish signal. Recently, the 50 DMA closed the gap to the 200 DMA line.

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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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Forward Thinking on the transformative role of intangible assets in companies and economies with Jonathan Haskel and Stian Westlake

Mckinsey and Company

“William Blake talked about the dark Satanic mills, these inhuman pieces of tangible capital. Intangible capital is in some ways about what makes us human. It’s about ideas, and it’s about relationships. It’s about expressiveness. Some people may ask whether we should we be making that the basis of the economy. But we would argue that this is actually making those things that matter to us as humans more central to our thriving.”.

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Four New Year’s Resolutions for Business Owners in 2022

Hallmark Brokers

2022 is finally here, and if you’re a business owner, there’s no time like the present to generate the revenue that you’re capable of. This is the year where you could fully realize your potential. The business world can be competitive and unforgiving and success doesn’t always come easily. Luckily, at Hallmark Business Brokers, we’re. Read more. The post Four New Year’s Resolutions for Business Owners in 2022 appeared first on Hallmark Brokers.

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More Trending

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Quantive Advises Management Science & Innovation (MSI) on Sale

Quantive

Quantive is pleased to announce the sale of Management Science & Innovation, LLC (MSI) to Center Element Capital (CEC). Center Element Capital (CEC), a search firm located in Nashville, TN, acquired Management Science & Innovation (MSI). Quantive represented Management Science & Innovation (MSI) throughout this transition. In a recent press release, founder at CEC, Daniel […].

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Key principles of designing the omnichannel distribution network of the future

Mckinsey and Company

As omnichannel shopping becomes the new norm, consumer product and retail companies must be ready to deliver fast, impeccable omnichannel service. Doing so requires a new supply chain network approach.

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Discharging Student Loan Debt: The Brunner Test

ABI

Julia Merani. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . . Generally, student loan debt will not be discharged in a case under title 11 of the United States Code (the “Bankruptcy Code”) unless there is a showing of “undue hardship on the debtor and debtor’s dependents.” as provided by section 523(a)(8). [1] In Hull v.

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US Trustee Quarterly Fees Reassessed by 2017 Amendment are not Unconstitutional

ABI

Michael F. Pecorella. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . . In 2017, Congress enacted certain amendments (the “2017 Amendment”) that increased the quarterly fees to be paid by debtors to the Office of the United States Trustee in larger cases pending under Chapter 11 of the United States Code (the “Bankruptcy Code”). [1] The increased fees became payable to the United States Trustee in all Chapter 11 cases pending in the districts un

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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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A “Critical Vendor” may be Subject to a Preference Claim

ABI

Michael A. Solimani. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . Under title 11 of the United States Code (the “Bankruptcy Code”), a trustee or debtor in possession may avoid or recover certain payments made by the debtor before the bankruptcy filing as a “preference.” [1] During a debtor’s bankruptcy case, the debtor may want to continue obtaining goods or services from a creditor.

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“All Commercial Tort Claims” is Insufficient Description to Perfect a Security Interest

ABI

By: Megan O’Connor. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . In Polk 33 Lending LLC v. Schwartz , a district court in Delaware held that a credit agreement did not identify the tort claims with the “requisite specificity” to convey a security interest in those claims to the lender. [1] Thus, the lender, Polk 33 Lending, LLC (“Polk”), did not have standing to assert commercial tort claims, breach of fiduciary duty and corporate waste, against the CEO

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Court Declines to use Equitable Subordination to Subordinate a Claim that had no Impact on the Subsequent Bankruptcy Estate

ABI

By: Nicholas Smargiassi. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. In general, under principles of equitable subordination, a court may subordinate the claims of a creditor for conduct that is unfair to the other creditors of a bankruptcy estate. The pertinent misconduct must benefit the creditor that engaged in misconduct or harm the other creditors’ position in the bankruptcy estate.

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A Sale or a Loan? The Plain Language is not always Dispositive

ABI

By Daniel Mosayov. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . In In re Shoot the Moon, LLC , the United States Bankruptcy Court for the District of Montana held that a transaction between a restaurant business and a lender was a loan with a security interest in receivables as opposed to a sale with an ownership interest in receivables.

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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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A Trustee May Recover Against a Purchaser when it Acts in Bad Faith

ABI

By: Alexa G. Schimp. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . In general, a trustee or a debtor in possession may avoid a transfer made prior to a bankruptcy filing as an actual fraudulent transfer if the transfer was made “with actual intent to hinder, delay, or defraud any creditor of the debtor.” [1] In Kasolas v.

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The Increasing Acceptance of Derivative Standing

ABI

By: Jordan Milite. St. John’s School of Law. American Bankruptcy Institute Law Review Staff. . In In re Roman Catholic Church of Archdiocese of Santa Fe , the United States Bankruptcy Court for the District of New Mexico, held, in a matter of first impression, that bankruptcy courts have authority to confer derivative standing on creditors or committees to assert claims. [1] In 2012, the Archdiocese of Santa Fe (“Debtor”) along with its 90 parishes began restructuring its assets after creating

Banking 40
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U.S. Bankruptcy Court Rejects Safe Harbor Claims of Bahraini Entities Seeking Setoff Rights

ABI

Joseph Muschitiello. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . In In re Arcapita B.S.C. , a bankruptcy court in New York held that Tadhamon Capital B.S.C. (“Tadhamon”), a Bahraini corporation, and Bahrain Islamic Bank (“BisB”), an Islamic commercial bank, could not assert rights of setoff under Bahraini Law and that no safe harbor provisions in title 11 of the United States Code (the “Bankruptcy Code”) protected them from returning owed f

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Only a Counterparty Can Compel a Debtor to Cure a Default on a Contract that is Being Assumed

ABI

By: Brendan P. Shaw. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . Subject to court approval, a trustee or debtor in possession may assume or reject an executory contract or unexpired lease of a debtor under section 365 of title 11 of the United States Code (the “Bankruptcy Code”). [i] The trustee or debtor in possession must cure any defaults to assume a contract or lease.

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Wrongful Death Claim Unrecoverable from Asbestos Settlement Trust

ABI

By: Michael Quintman. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . Section 524(g) of title 11 of the United States Code (the “Bankruptcy Code”) allows a debtor in a Chapter 11 case to establish a trust for the purpose of settling personal injury claims against the debtor based on exposure to asbestos-containing products. [1] In Darden v.

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Post-Confirmation, Pre-Effective Date Administrative Expense Claims are Subject to Bar Date

ABI

Kayla Nieves. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . In Ellis v. Westinghouse Electric Co., LLC , the United States Court of Appeals for the Third Circuit held that sections 503 and 1141 of Title 11 of the United States Code (the “Bankruptcy Code”) authorize bankruptcy courts to set deadlines (i.e., bar dates) for administrative expense claims, including claims arising after confirmation of a plan but before its effective date. [1] In March 2017,

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Court May Dismiss a Chapter 11 Case Filed in Bad Faith

ABI

By: Nicholas Wogan. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . In In Re National Rifle Association of America , the United States Bankruptcy Court of the Northern District of Texas granted motions to dismiss a case filed under Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) finding that the filing was motivated by an attempt to avoid certain regulations and was therefore filed in bad faith. [1] Facing litigation

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Judgment Lien is Fully Enforceable against Property Quit-Claimed by Spouse to Debtor

ABI

By: Elijah T. Newcomb. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. In In re Brinskele , a bankruptcy court in California held that a judgment lien against Edward A. Brinskele (“Spouse”) was enforceable against the real property of his wife, Rebecca Brown Brinskele (“Debtor”), where the Spouse quit-claimed his interest in that property to the Debtor after a judgment lien had been recorded. [1] The United States assessed over $950,000 in trust-fund-recovery

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Students Must Show Persistent Financial Difficulties to Discharge Student Loans

ABI

Joe Pizzingrillo. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . In general, student loan debt is not dischargeable in a case under title 11 of the United States Code (the “Bankruptcy Code”) unless there is a showing of undue hardship. A court will typically consider a debtor’s potential for future employment in determining whether student loan debt may be discharged.

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Court Refused to Discharge Student Loans Until Debtor Reaches 70 Years Old

ABI

By: Joseph Wales. St. John’s University School of Law. American Bankruptcy Institution Law Review Staff. . In general, a student loan may not be discharged under title 11 of the United States Code (the “Bankruptcy Code”) unless the debtor demonstrates “undue hardship.” [1] In In re Parviz i , a bankruptcy court in Massachusetts held that a fifty-one year old debtor was required to pay back her student loans until she reached her seventies, at which time any remaining balance would be discharged

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FDCPA Claims: Confusion Alone is not an Injury for Article III Standing Purposes

ABI

By: Kimberly Moyal. St. John's University School of Law. American Bankruptcy Institute Law Review Staff. . The Fair Debt Collection Practices Act (FDCPA) generally prohibits debt collectors from misrepresenting their identity or using unfair practices to collect debts. [1] Under the FDCPA, a debtor may be entitled to certain remedies, including monetary damages and attorney’s fees, when a debt collector violates the FDCPA. [2] In Ward v.

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