Fri.Jan 27, 2023

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Preparing for the 2023 Proxy Season

Harvard Corporate Governance

Posted by David M. Lynn, Scott Lesmes, and John Hensley, Morrison & Foerster LLP, on Friday, January 27, 2023 Editor's Note: David M. Lynn , Scott Lesmes , and John Hensley are Partners at Morrison & Foerster LLP. This post is based on a Morrison & Foerster memorandum by Mr. Lynn, Mr. Lesmes, Mr. Hensley, and Leemor Banai. Public companies need to consider recent developments when preparing for the 2023 proxy and annual reporting season.

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The health benefits and business potential of digital therapeutics

Mckinsey and Company

Digital-native start-ups and healthcare incumbents can both play important roles in building and scaling digital therapeutics to improve the management of chronic health conditions.

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Weekly Roundup: January 20-26, 2023

Harvard Corporate Governance

Posted by the Harvard Law School Forum on Corporate Governance, on Friday, January 27, 2023 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of January 20-26, 2023 Compensation Season 2023 Posted by Adam J. Shapiro, Michael J. Schobel, and Erica E. Bonnett, Wachtell, Lipton, Rosen & Katz, on Friday, January 20, 2023 Tags: Clawbacks , Dodd-Frank Wall Street Reform , Human capital , ISS , Proxy advisors , SEC Get boardroom ready: five ways t

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Semiconductor fabs: Construction challenges in the United States

Mckinsey and Company

Major semiconductor players have undertaken and announced US-based fab construction projects, and more are under consideration. Here’s a road map for moving ahead.

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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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What “Everything Everywhere All at Once” Can Tell Us About Building a Successful Business

Rhythm Systems

The recent Oscar nomination of the movie Everything Everywhere All at Once has brought a lot of attention to exploring different perspectives and embracing the unknown, two ideas modern-day CEOs should recognize as essential aspects of their daily lives. As leaders and decision-makers of their companies, CEOs need to continually strive towards finding new solutions that bridge the divide between what is done and what could be done.

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How Daiichi Sankyo Europe drives growth with digital and analytics

Mckinsey and Company

Digital and analytics can markedly improve life sciences companies’ engagement with customers. Daiichi Sankyo Europe’s CEO Jan Van Ruymbeke explains the challenges to adopting digital and analytics and how his company overcame them.

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Care Solace Raises $4 Million In Non-Dilutive Growth Funding From Lighter Capital

Lighter Capital

, Care Solace calms the chaos of mental health care by lifting the burden of mental health care coordination for school systems through its scalable and virtual technology platform. The Encinitas-based startup has secured $4 million in non-dilutive capital to expand headcount in sales and marketing so it can drive growth, and to build out new features and product enhancements with additional engineering investments.

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Four themes shaping the future of the stormy European power market

Mckinsey and Company

Demand for electricity in Europe is surging at a time when supplies are disrupted. To adapt to the market’s uncertainty and rising prices, players will have to be clear-eyed about what’s ahead.

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Del Grande Dealer Group Acquires Audi Modesto

Business Wire M&A

SAN JOSE, Calif.--(BUSINESS WIRE)-- #dgdg--Del Grande Dealer Group (DGDG) acquires Audi Modesto, further expanding the dealer group's footprint in Northern California.

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Costcutter owner Bestway takes near £200m stake in Sainsbury’s

The Guardian M&A

Grocery wholesaler may look to make further market purchases of supermarket’s shares Bestway – from London cornershop to multinational conglomerate The owner of the Costcutter chain and one of the UK’s largest grocery wholesalers has taken a near-£200m stake in Sainsbury’s and said it could increase its position further. The company, which describes itself as the UK’s seventh-largest family owned business with a turnover of £4.5bn, has bought almost 81m shares, giving it a 3.45% stake in the UK’

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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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Lavoro Announces the Acquisition of Cromo Química

Business Wire M&A

SÃO PAULO--(BUSINESS WIRE)--Lavoro, Brazil’s largest agricultural input retailer, continues its expansion in Latin America with the acquisition of a majority stake of Cromo Química, based in Estrela, Rio Grande do Sul, Brazil. The acquisition will put Cromo Química within the expanding portfolio of Crop Care, Lavoro’s vertically integrated business segment, which operates with biological inputs, specialty fertilizers and off-patent crop protection products.

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Bestway – from London cornershop to multinational conglomerate

The Guardian M&A

Founded in 1963, the group includes Well pharmacies and the Costcutter and Best-one chains Costcutter owner Bestway takes near £200m stake in Sainsbury’s A convenience store in Earl’s Court, west London, may seem an unlikely launchpad for a multinational conglomerate, but that’s exactly where the Bestway Group first began. The company – which is now one of the UK’s largest grocery wholesalers and also owner of Well pharmacies and the Costcutter and Best-one convenience store chains, has paid rou

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5 Ways Attys Can Use Emotion To Help Close A Deal

Law 360 M&A

Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.

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Net zero: Next moves for CEOs

Mckinsey and Company

How leaders can invest in a sustainable future and navigate near-term energy pressures successfully.

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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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Salesforce appoints new directors in response to activist criticism

Financial Times M&A

Co-founder Marc Benioff refreshes software giant’s board after coming under fire from investors

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Value Drivers for an Auto Mechanic Shop

Peak Business Valuation

In the auto mechanic industry, a few major players produce a notable amount of revenue. Nonetheless, barriers to entry are low and small businesses dominate this industry. In recent years, the auto mechanics industry has experienced healthy growth. This trend is expected to continue for the next several years. As vehicle count and usage increase, the need for auto mechanic services will grow.

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FinCEN Takes Aim At Commercial Property Amid Ukraine War

Law 360 M&A

Financial institutions are bound to boost scrutiny of commercial real estate clients' disclosures and transactions after the U.S. Financial Crimes Enforcement Network warned them of the "likely" presence of sanctioned Russian nationals and companies in the sector.

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ComplySci stats: 37 percent of compliance professionals have difficulty finding time to dedicate to RIA annual compliance review process

Complysci

Annual compliance reviews , a must for all Securities and Exchange Commission (SEC) registered investment advisers (RIA). However, despite the ruling having been in effect since late 2004, many advisers continue to struggle with certain aspects and requirements of the review process. In a recent webinar, hosted by COMPLY portfolio firm RIA in a Box, experts discussed some of the most common challenges and deficiencies noted by the regulators over the past few years.

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Floorplan Interest Income Fading

Auto Dealer Valuation Insights

Interest rates and inventory levels remain top of mind for auto dealers. Compared to last year, interest rates have significantly increased since the Federal Reserve began raising rates in March 2022. Inventories have also improved as the industry works through its supply chain issues. These shifts in economic trends are expected to have an impact on many aspects of auto dealer operations.

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Guidance on Benefit Plan Auditor Independence Could Lead to Improved Quality of Audits

Trout CPA

Recent changes to a Department of Labor (DOL) rule governing the independence of employee benefit plan auditors are expected to allow plan sponsors greater flexibility in choosing a qualified auditing firm. At issue is the removal of an impediment that had existed since 1975 — when the previous rule was established — while still preventing conflicts of interest in the auditing process.

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Are You Ready for the Next Recession?

Auto Dealer Valuation Insights

As we have now put a bow on 2022 and have turned our attention to 2023, we suspect that the dreaded “R word” is on the mind of many of our readers as they contemplate the myriad challenges and obstacles their businesses will face in 2023. While we are not professional economists and have no illusions of being so, those that have chosen to make their living by predicting the timing of fluctuations.

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How Lani Langton Grew Her Client’s Company Value by $3 Million in 18 Months

Biz Equity

Lani’s clients have businesses in a variety of industries, including banks, payroll companies, and marketing firms. Her clients tend to come to her with the intention of selling and are often not sure what the value of their business is. In short, Lani uses the BizEquity platform to figure out what the value of her client's businesses are when they want to sell or liquidate.

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New Hart-Scott-Rodino Act Thresholds and Filing Fees Announced

Cooley M&A

The Hart-Scott-Rodino (HSR) Act thresholds, which govern when acquisitions must be reported to the Department of Justice and Federal Trade Commission, will increase slightly more than 10% in February 2023. The minimum “size-of-transaction” threshold will increase from $101 million to $111.4 million. The increases, which are based on changes in the US gross national product, will go into effect on February 27, 2023.

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Benchmark International’s Transaction of KGM Wins Private Equity Deal Of The Year For The Americas

Benchmark Report

Benchmark International was recognized by the Global M&A Network for its role in arranging and brokering the sale of KGM, an Oklahoma-based natural gas infrastructure distributor, to St. Louis-based private equity firm Compass Group Equity Partners. The coveted "Private Equity Deal of the Year for the Americas" was awarded at this month's 14th Annual M&A Americas Atlas Awards at Manhattan's Metropolitan Club.

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How to reward overseas employees with equity

Vested

Many UK-based businesses work with employees and contractors not based in the UK. Even with the rising number of distributed teams, remote workers and digital nomads, that's really nothing new.

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Bestway Group Acquires 3.4% Stake In UK Grocer Sainsbury; Dismisses Takeover Plan

Benzinga

British multinational conglomerate Bestway Group Ltd has acquired a 3.45% stake in J Sainsbury Plc (OTC: JSAIY ). Bestway Group intends to hold its shares in Sainsbury's for investment purposes and looks forward to supporting the executive management team. Bestway also said it might look. Full story available on Benzinga.

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Harnessing data for more resilient and sustainable supply chains

Avanade

Gopinath Pathikonda and Marryam Khawaja explain how Avanade’s holistic approach and innovative solutions help clients build resilient, data-driven, and more sustainable supply chain operations in the United Arab Emirates.

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Irwin Naturals Signs LOI To Acquire Braxia Scientific Expanding Its Network Of Mental Health Clinics

Benzinga

Irwin Naturals Inc. (OTCQB: IWINF ) (CSE:IWIN) (FRA:97X), has entered into a non-binding amended and restated letter of intent for a business combination with Braxia Scientific Corp. (OTCPK:BRAXF) (CSE:BRAX) (FWB:4960), a medical research company providing psychiatric, innovative ketamine and psilocybin treatments for mental health disorders. The LOI sets forth the material terms and conditions upon which Irwin will acquire all of the issued and outstanding common shares of Braxia.

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Reinforcing U.S. Leadership and Competitiveness in Digital Assets

Trout CPA

Recent volatility in the digital assets market doesn’t appear to be slowing down its growth. In fact, Fidelity recently found that nearly 90% of institutional investors find characteristics of digital assets appealing. As investor interest continues to grow, retirement plan sponsors should pay close attention to developments in the digital assets industry, as plan sponsors may soon need to decide whether to add digital assets to their plan’s lineup.

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Applied UV's Merger With PURO and LED Supply To Effectively Double Company Size, Expects To Generate ~$45 - $50 Million in 2023

Benzinga

Applied UV, Inc. (NASDAQ: AUVI ) announced that it has completed its previously announced mergers with Puro Lighting, LLC (“PURO”) and LED Supply Co. (“LED Supply”). The PURO merger further positions the Company to address a growing air disinfection market trend that aligns with the White House “Clean Air Initiatives” implemented during the height of the COVID-19 Pandemic designed to protect consumers and businesses against existing and future airborne pathoge

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M&A Outlook: Macro Trends Driving 2023 Deals

John Jenkins

What’s going to drive M&A activity in 2023? Willis Towers Watson thinks the answer lies in four macroeconomic trends – the quest for digital transformation, rising interest rates & economic instability, opportunities created by supply chain disruption, and the “mainstreaming” of ESG in M&A.

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With 16.8% CAGR, CCTV Camera Market Size to Surpass USD 105.20 Billion by 2029

Benzinga

Pune, India, Jan. 27, 2023 (GLOBE NEWSWIRE) -- The global CCTV camera market size was valued at USD 31.88 billion in 2021. The market is projected to grow from USD 35.47 billion in 2022 to USD 105.20 billion by 2029, exhibiting a CAGR of 16.8% during the forecast period. This information is provided by Fortune Business Insights, in its report titled, "CCTV Camera Market Forecast, 2023-2029.

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Sainsbury’s/Bestway: stake deal may herald further collaboration

Financial Times M&A

Rising costs have put the squeeze on every part of food supply chains

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With 5.2% CAGR, Point of Care Diagnostics Market Size to Surpass USD 51.94 Billion by 2029 | Report by Fortune Business Insights

Benzinga

Pune, India, Jan. 27, 2023 (GLOBE NEWSWIRE) -- The global Point of Care Diagnostics Market size was valued at USD 46.65 billion in 2021. It is estimated to rise from USD 36.37 billion in 2022 to USD 51.94 billion by 2029, at a 5.2% CAGR during the forecast period. Fortune Business Insights™ has shared this information in its latest research report titled, "Point of Care Diagnostics Market Forecast, 2022-2029.