Thu.Oct 06, 2022

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How the SEC’s Executive Compensation Disclosure Rule Could Impact the 2023 Proxy Season

Harvard Corporate Governance

Posted by Sydney Carlock, Martha Carter, and Sean Quinn, Teneo, on Thursday, October 6, 2022 Editor's Note: Sydney Carlock is a Managing Director, Martha Carter is Vice Chair & Head of Governance Advisory, and Sean Quinn is a Senior Managing Director, at Teneo. This post is based on a Teneo memorandum by Ms. Carlock, Ms. Carter, Mr. Quinn, and Mr.

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The future of automotive computing: Cloud and edge

Mckinsey and Company

The rise of 5G and edge computing will create new opportunities along the automotive supply chain. How can semiconductor companies and other stakeholders capture it?

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The Activism Vulnerability Report | Q2 2022

Harvard Corporate Governance

Posted by Jason Frankl and Brian G. Kushner, FTI Consulting, on Thursday, October 6, 2022 Editor's Note: Jason Frankl and Brian G. Kushner are Senior Managing Directors at FTI Consulting. This post is based on their FTI Consulting memorandum. Related research from the Program on Corporate Governance includes The Long-Term Effects of Hedge Fund Activism by Lucian A.

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Five learnings from CTOs and tech leaders on their cloud strategies

Mckinsey and Company

Recent interviews with tech executives and cloud-program leaders at 50 companies shows a gap between cloud aspirations and cloud adoption—and unclear strategy to close it.

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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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Did Someone Know Elon Musk Was Buying Twitter Again? Options Flow May Point To An Answer

Benzinga

Elon Musk is, once again, offering to acquire Twitter Inc (NYSE: TWTR ). While the announcement sent shares of the social media platform soaring, some investors may have profited early from the news. What Happened: On Tuesday, Musk confirmed his intentions to acquire Twitter at the originally agreed-upon price of $54.20. The proposal was confirmed by Twitter, which saw its shares halted with news pending.

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Best-in-Class Technology and Comprehensive Advice: A Winning Formula for Advisors Who Get it Right

Biz Equity

In recent years, the financial services industry has seen two clear trends emerge: The value of having business owners as clients and the power of adopting technology.

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What Does X Mean to Elon Musk?

NYT M&A

The letter X has had significance in the billionaire’s life, from his early days as an entrepreneur to his personal life and now to his pursuit of Twitter.

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Selling Tesla Shares To Buy Twitter Is 'Giving Away Caviar To Buy A $2 Slice Of Pizza," Analyst Says

Benzinga

An analyst is using a food analogy to describe the potential of the world’s richest man needing help to finance his acquisition by selling shares of leading electric vehicle company Tesla Inc (NASDAQ: TSLA ). What Happened: On Tuesday, it was announced Tesla CEO Elon Musk sent a new proposal to social media platform Twitter Inc (NYSE: TWTR ) to acquire the company for $44 billion, or $54.20 per share.

Finance 98
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Twitter v Elon Musk: what happens next in the takeover saga?

The Guardian M&A

The Delaware trial that the social media firm brought is still due to proceed despite Musk’s latest U-turn The judge presiding over the Twitter v Elon Musk trial in Delaware says the case will go ahead on 17 October because neither side has asked for a postponement yet. This is despite the Tesla chief executive offering this week to buy the business on the terms agreed in April at the $44bn (£39bn) price, performing a U-turn on his July decision to walk away.

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Tesla Shares Will Remain Under Pressure After Twitter-Deal News, Analyst Says — Unless Elon Musk Gives Clarity

Benzinga

Elon Musk on Tuesday renewed his interest in Twitter Inc. (NYSE: TWTR ) for the originally agreed-upon deal value of $44 billion. What Happened: Neither party has so far asked to put the lawsuit filed in the Delaware Chancery Court on hold, prompting Judge Kathaleen McCormick to rule on Wednesday that the five-day trial, scheduled to begin on Oct. 17, is on track.

Finance 98
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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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Leading with compassion: Prioritizing workplace mental health

Mckinsey and Company

Mental-health advocate Poppy Jaman identifies strategies companies could employ to improve the health and well-being of their workforces.

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Canadian 'Shrooms Kit Company Acquires Established Dutch Farm To Expand Production

Benzinga

Ontario-based producer of functional mushroom home grow kits and premium magic truffles Red Light Holland Corp. (OTC Pink: TRUFF ) has acquired MiniChamp B.V. , a dutch home grow mushroom farm, through its wholly-owned subsidiary RLH Netherlands B.V. MiniChamp, a 30-year-old home cultivation mushroom packaging company with consumers across several European countries, will continue working as such following the acquisition, supporting Red Light Holland's sales strategy via retail and online a

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Elon Musk Moves to Delay Trial as Talks With Twitter Drag On

NYT M&A

Key details on the $44 billion offer are still being hashed out on a deal that could head off a trial set to begin in Delaware in a little more than a week.

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Will It Go Round In Circles: 'Twitter Will Not Take Yes For An Answer,' Musk Tells Court

Benzinga

On again, off again, on again. off again? Tesla Inc (NASDAQ: TSLA ) CEO Elon Musk has said Twitter Inc (NYSE: TWTR ) just won't take yes for an answer. What Happened: Just days after Musk indicated he was willing to proceed with the original Twitter takeover deal at $54.20 per share , the Tesla chief has asked Twitter to end all litigation before the deal closes, per CNBC.

Finance 98
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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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The state of grocery retail around the world

Mckinsey and Company

A survey of more than 30,000 consumers and 100 grocery CEOs reveals the challenges—and opportunities—that grocery retailers face today.

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Twitter ‘not taking yes for an answer’ on $44bn deal, Musk claims

Financial Times M&A

Billionaire asks judge to stop legal proceedings while he and social media company hash out how to close transaction

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Employee Retention Credit: Over but Not Done

Machen McChesney

The federal government's Employee Retention Credit proved to be a lifeline for many businesses and their employees. The eligibility rules were complex and changed over time, as noted in an extensive IRS chart. Not all owners may have been able to figure out whether they were eligible; however, the IRS is giving them a break: Even though the program has ended, employers are still able to file for tax relief retroactively.

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Bringing the human touch back to digital banking

Avanade

How banks can balance both human advice and digital interaction in the way they engage with customers.

Banking 96
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Musk Seeks To Ax Del. Trial, But Says Twitter Won't Budge

Law 360 M&A

Elon Musk urged Delaware's Court of Chancery Thursday to sideline a scheduled five-day trial on Twitter's suit to force his closing on a $44 billion take-private offer, telling the court that he's driving toward a closing date on or around Oct. 28 but that Twitter "won't take yes for an answer.

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Regulatory Brief for September 2022: UDAAP lawsuit, data privacy, and a windfall for OCC-regulated banks

N Contracts

The Greek philosopher Heraclitus is famous for having proclaimed, “Change is the only constant in life.” With apologies to Heraclitus, I’d take it one step further and say that regulatory change is the only constant in compliance.

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Deals Rumor Mill: Twitter, TikTok, Soros's Nephew

Law 360 M&A

Buyout firms Apollo and Sixth Street are no longer in talks to help finance Elon Musk's acquisition of Twitter, TikTok plans to launch a live shopping platform in North America, and a SPAC led by George Soros's nephew may acquire Everton FC. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

Finance 75
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Twitter deal tests banks’ resolve as they brace for big losses

Financial Times M&A

Lenders’ commitment to finance Elon Musk’s buyout may cost them hundreds of millions of dollars

Banking 91
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Chancery's Twitter Email Ruling Illuminates Discovery Issues

Law 360 M&A

A recent Delaware decision in Twitter v. Musk underscores that policies and practices relating to a company's right to access personal emails on its accounts may affect any attorney-client privilege that otherwise would protect such emails from discovery in litigation, say attorneys at Fried Frank.

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Inflight wifi could be pricier if takeover of UK satellite firm goes ahead, says CMA

The Guardian M&A

Competition and Markets Authority says other operators may not be able to compete after merger of Inmarsat and Viasat The $7.3bn (£5.4bn) takeover of the British satellite company Inmarsat by its US rival Viasat could result in higher-priced and lower-quality wifi for aeroplane passengers, according to the UK competition watchdog. The Competition and Markets Authority said its investigation has identified concerns with the merger possibly leading to airlines being offered lower-quality products

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Pelosi Raises Concerns To FCC About Tegna Go-Private Deal

Law 360 M&A

House Speaker Nancy Pelosi and a top committee chairman expressed concerns about Tegna Inc.'s $8.6 billion deal to go private with hedge fund Standard General in a letter to the Federal Communications Commission chairwoman Thursday, urging the agency to carefully scrutinize the deal.

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OCR Announces More Settlements Under HIPAA Individual Access Initiative

ThomsonReuters

HHS Resolution Agreement: Family Dental Care, P.C. Resolution Agreement and Corrective Action Plan (Aug. 1, 2022); HHS Resolution Agreement: B. Steven L. Hardy, D.D.S., LTD (“Paradise”) Resolution Agreement and Corrective Action Plan (Aug. 9, 2022); HHS Resolution Agreement: Great Expressions Dental Center of Georgia, P.C. Resolution Agreement and Corrective Action Plan (Sept. 1, 2022); News Release: OCR Settles Three Cases with Dental Practices for Patient Right of Access under HIPAA (Sept. 20,

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Alaska Airlines Exec Calls Rivals' Pact A New Breed

Law 360 M&A

An Alaska Airlines executive testified Thursday in the government's antitrust trial challenging a JetBlue and American Airlines pact that he's never seen such cooperative terms between domestic carriers as the pair share in their challenged Northeast Alliance deal.

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How Regulatory Shaming Can Help Solve Corporate Climate Obstruction

Reynolds Holding

According to conventional wisdom, climate mitigation by governmental regulation should target the reduction of greenhouse gas emissions. Indeed, corporations and industries, including their products and supply chains, are the main source of greenhouse gas emissions, which cause global warming and climate breakdown. However, in a recent paper, I argue that regulators suffer from a blind spot when it comes to climate change mitigation: corporate climate obstruction.

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Whether to Pay an M&A Advisor, or not?

A Neumann & Associates

From a purely financial perspective, there are really two major objectives for an owner wishing to sell a business: (1) that the sale is actually successful, despite the many potential pitfalls along the way; and (2) that the sale produces the highest net proceeds to the seller. Many sellers focus on only the second objective, maximizing proceeds, and as a result we sometimes experience prospective clients questioning the value of an M&A advisor.

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FASB to propose changes to related party leases guidance

LaPorte

(authored by RSM US LLP) The FASB recently voted to issue proposals on the determination of an arrangement as a lease and the financial reporting requirements for related party lease arrangements for certain entities. The post FASB to propose changes to related party leases guidance first appeared on LaPorte.

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KKR-Led Group To Buy 30% Of Norway Fiber Co. For $1B

Law 360 M&A

A consortium led by U.S. investment firm KKR has agreed to buy a 30% stake in the fiber broadband subsidiary of Norwegian telecommunications giant Telenor for $1 billion, the two companies said on Friday.

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Kitchen Appliances Market to Reach USD 210.80 Billion by 2027 | Kitchen Appliances Industry Striking CAGR of 3.7%

Benzinga

Pune, India, Oct. 07, 2022 (GLOBE NEWSWIRE) -- According to Fortune Business Insights, the global kitchen appliances market size is expected to gain momentum by reaching USD 210.80 billion while exhibiting a CAGR of 3.7% between 2020 and 2027. This is attributable to the increasing adoption of smart and energy-efficient kitchen appliances across the globe.

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Solving The Three Biggest Problems Facing Financial Advisors

Truelytics

While every financial advisor's business is unique, there are some common challenges faced by all independent advisors and RIAs. This week's guest, Julie Pinkerton , noticed that a few of these common challenges were actually really big problems. So, she set out to create a community solution, ClientFirst , that would help advisors and other financial professionals connect with each other to not only grow their businesses but to better serve their clients in the process.

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Walmart Acquires Warehouse Automation Firm Alert Innovation

Benzinga

Walmart Inc (NYSE: WMT ) has agreed to acquire e-grocery fulfillment automation company Alert Innovation. The financial terms were not disclosed. Alert Innovation has been working with Walmart to customize the technology for market fulfillment centers (MFCs) since 2016. Alert Innovation began piloting the Alphabot System in Walmart's first MFC in Salem, New Hampshire, in 2019.