Sat.Nov 12, 2022 - Fri.Nov 18, 2022

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ESG and C: Does Cybersecurity Deserve Its Own Pillar in ESG Frameworks?

Harvard Corporate Governance

Posted by Subodh Mishra, Institutional Shareholder Services, Inc., on Monday, November 14, 2022 Editor's Note: Subodh Mishra is Global Head of Communications at Institutional Shareholder Services. This post is based on an ISS Corporate Solutions memorandum by Senior Editor, Paul Hodgson. The ransomware attack on the Colonial Pipeline in May 2021 was just one of many signs that environmental and cybersecurity risk are closely connected.

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The Relationship Between S&P 500 P/E Ratios and US Interest Rates

Value Scope

Download the white paper here. As a follow up to our more comprehensive 2017 paper and 2018 paper , this paper will strictly focus on the historical and current relationship between the S&P 500 P/E Ratio and US Interest Rates, updated to November 2022. The P/E ratio can be described as the ratio between current share price and per-share earnings.

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Business Owners: Are You a Do-It-Yourselfer? 

Viking Mergers

Do you like to handle projects around the house on your own? Do you only call in the pros for the really tough stuff? Or maybe you draw the line at electrical or plumbing, where the risk of failure can be much more costly? If that sounds like you, I can certainly relate. I learned a lot while holding that flashlight for Dad over all those years, to the point that I’m willing to take on almost any home improvement project.

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Global flows: The ties that bind in an interconnected world

Mckinsey and Company

Economic and political turbulence have prompted speculation that the world is already deglobalizing. But the evidence suggests that global integration is here to stay, albeit with nuance.

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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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How Twitter Pushed its Stakeholders under the (Musk) Bus

Harvard Corporate Governance

Posted by Lucian A. Bebchuk, Kobi Kastiel, Anna Toniolo (Harvard Law School), on Monday, November 14, 2022 Editor's Note: Lucian Bebchuk is the James Barr Ames Professor of Law, Economics, and Finance and Director of the Program on Corporate Governance at Harvard Law School; Kobi Kastiel is Associate Professor of Law at Tel Aviv University, and Senior Fellow of the Harvard Law School Program on Corporate Governance; and Anna Toniolo is Postdoctoral Fellow at the Program on Corporate Governan

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Columbia Law School to Hold 2022 Conference on M&A and Corporate Governance

Reynolds Holding

On December 2, 2022, Columbia Law School will hold its 2022 Conference on Mergers & Acquisitions and Corporate Governance. The event is co-sponsored by the school’s Ira M. Millstein Center for Global Markets and Corporate Ownership, the Columbia Law School Center on Corporate Governance, and the law firm of Paul Hastings LLP. The event brings together members of the federal and Delaware judiciaries, government regulators, academics, and prominent M&A and corporate governance practi

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Taking a skills-based approach to building the future workforce

Mckinsey and Company

Our work with the Rework America Alliance highlights how a skills-based approach can help US employers expand talent pools and retain great workers—even through economic uncertainty.

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Representations & Warranties, Fraud, and Risk Shifting: An Analytical Framework

Harvard Corporate Governance

Posted by Steven L. Schwarcz (Duke University), on Wednesday, November 16, 2022 Editor's Note: Steven L. Schwarcz is the Stanley A. Star Distinguished Professor of Law & Business at Duke University School of Law and Senior Fellow of the Centre for International Governance Innovation. This post is based on his recent paper. In Representations & Warranties, Fraud, and Risk Shifting: An Analytical Framework , I attempt to build a systematic framework for analyzing breaches of representation

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This Analyst Is Bullish On Evolent Health's Recent Deal, Calls 'Highly Strategic Acquisition'

Benzinga

Thursday after close, Evolent Health Inc (NYSE: EVH ) agreed to acquire Magellan Specialty Health, the specialty benefit management organization owned by Centene Corporation (NYSE: CNC ), for $650 million at the close plus additional contingent consideration of up to $150 million based on 2023 performance. William Blair is positive on the acquisition and believes this is consistent with management's prior commentary that Evolent would consider strategic assets.

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Visualizing Market Activity Using Graphs & Trendlines

Appraisers Blog

Spreadsheets and graphs are powerful tools for appraisers. With proper data, and incorporated into reports, they can enhance your professionalism and decision-making ability. Appraisers, this article will highlight the process I use to bring clarity to my research and analysis of ‘comparable’ properties. This completed process becomes an exhibit in all my appraisal reports because it helps the Intended User(s) visually see what the market has been doing over a known time period.

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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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Digital twins: Flying high, flexing fast

Mckinsey and Company

Digital design and product development can provide new ways to solve complex problems. Getting implementation right means thoughtfully translating big ideas into boots on the ground.

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2022 CPA-Zicklin Index on Corporate Political Disclosure and Accountability

Harvard Corporate Governance

Posted by Dan Carroll, Bruce Freed, Karl Sandstrom, Center for Political Accountability, on Tuesday, November 15, 2022 Editor's Note: Dan Carroll is Vice President for Programs and Counsel of the Center for Political Accountability and oversees the CPA-Zicklin Index, Bruce F. Freed is CPA’s President, and Karl J. Sandstrom is strategic advisor to the Center and senior counsel with Perkins Coie.

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Who Pays for Health Coverage During FMLA Leave?

ThomsonReuters

QUESTION: Does our company have to pay for employees’ health coverage while they are on FMLA leave? ANSWER: Your company does not have to pay your employees’ share of health coverage premiums while they are on FMLA leave. However, employers covered by the FMLA (generally, private-sector employers with 50 or more employees and public agencies and local educational agencies with any number of employees) must maintain coverage under any group health plan for the duration of an FMLA leave at the l

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Oil Producer Diamondback Energy Agrees Bolt On Acquisition Focused On Northern Midland Basin

Benzinga

Diamondback Energy Inc (NASDAQ: FANG) has agreed to acquire Lario Permian LLC , a wholly owned subsidiary of Lario Oil & Gas Company , in cash and stock. The deal consideration includes 4.18 million Diamondback shares and $850 million of cash. "Lario is an attractive bolt-on to our existing Martin County position, home to some of the best rock.

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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 matters most? Six priorities for CEOs in turbulent times

Mckinsey and Company

With economic troubles mounting, it’s a time to tighten belts and put on hard hats. But don’t forget the jet pack, to accelerate into the next phase of growth.

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Does Voluntary Financial Disclosure Matter? The Case of Fairness Opinions in M&A

Harvard Corporate Governance

Posted by Adam Badawi (University of California, Berkeley), Matthew Cain (University of California, Berkeley), Steven Davidoff Solomon (University of California, Berkeley), on Tuesday, November 15, 2022 Editor's Note: Adam B. Badawi is Professor of law at Berkeley Law School; Matthew D. Cain is Senior Fellow at the Berkeley Center for Law and Business at Berkeley Law School; and Steven Davidoff Solomon is Professor of Law at Berkeley Law School.

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IRS Revises October 2022 Additional Election Change Guidance to Remove Non-Calendar-Year Plan Requirement

ThomsonReuters

IRS Notice 2022-41 (Nov. 8, 2022). Available at [link]. We recently reported on final IRS regulations that change the eligibility standards for an Affordable Care Act (ACA) premium tax credit (PTC) to fix the “family glitch” by providing that, for taxable years beginning after 2022, affordability of employer-sponsored coverage for an employee’s family members is based on the employee’s cost to cover the employee and those family members, rather than the cost of employee-only coverage (see our C

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World's Top Miner Raises Offer For OZ Minerals, Close To Biggest Acquisition Since 2011

Benzinga

BHP Group Ltd (NYSE: BHP ) has raised its offer for OZ Minerals Limited (OTC: OZMLF ) to value the Australian miner at A$9.6 billion ($6.34 billion). Earlier, BHP offered to pay A$25/share. OZ Minerals said it intends to recommend that shareholders vote to favor BHP's revised offer. A completed deal would represent BHP's largest acquisition since 2011 when it bought Petrohawk Energy.

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Five trends to watch in the edtech industry

Mckinsey and Company

The adult edtech sector is evolving as quickly as it is growing. Significant changes are taking place in M&A opportunities, geographic hotspots, user demands, and the enterprise market.

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Remarks by Commissioner Uyeda at the 2022 Cato Summit on Financial Regulation

Harvard Corporate Governance

Posted by Mark T. Uyeda, U.S. Securities and Exchange Commission, on Friday, November 18, 2022 Editor's Note: Mark T. Uyeda is a Commissioner at the U.S. Securities and Exchange Commission. This post is based on his recent remarks. The views expressed in the post are those of Commissioner Uyeda, and do not necessarily reflect those of the Securities and Exchange Commission or the Staff.

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10 smart moves for real estate investors and operators at year’s end

LaPorte

(authored by RSM US LLP) As we close the books on 2022, RSM’s real estate senior analyst Scott Helberg shares 10 important year-end resolutions for real estate investors to consider. The post 10 smart moves for real estate investors and operators at year’s end first appeared on LaPorte.

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Suit Claims Cannabis Co. Breached $75M Dispensary Deal

Law 360 M&A

A group of Illinois cannabis entrepreneurs has filed a $325 million lawsuit against a jet-setting investor who they claim skipped out on a $75 million deal to buy two Quad Cities dispensaries so she could help start a rival enterprise and become their "biggest competitor.

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Becoming indispensable: Moving past e-commerce to NeXT commerce

Mckinsey and Company

A successful transition to the next horizon of digital commerce requires companies to get real about being customer first and make some hard choices.

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Supply chain strategies: For many companies, the traditional balance is shifting

Harvard Corporate Governance

Posted by Carey Oven, Jim Kilpatrick, Deloitte, on Wednesday, November 16, 2022 Editor's Note: Jim Kilpatrick is Global Supply Chain & Network Operations Leader and Carey Oven is National Managing Partner at the Center for Board Effectiveness and Chief Talent Officer at Deloitte LLP. This post is based on their Deloitte memorandum. In the era of lean and just-in-time management approaches, many companies adopted supply chain strategies with a primary focus on cost and efficiency.

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Top DEI Bosses Have a Problem – Diversity

Appraisers Blog

The ranks of the new DEI bosses at the financial institutions are no more diverse than the appraisers their institutions see as the enemy. If the lack of diversity of appraisers is inherently bad, how could the same not be said for the DEI bosses? A full 93 percent of U.S. birdwatchers are white. Just 4 percent are African-American and a paltry 1 percent are Asian-American.

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Estee Lauder Nears Deal To Acquire Tom Ford: Report

Benzinga

Estee Lauder Companies Inc (NYSE: EL ) is reportedly nearing a deal to acquire luxury clothing brand Tom Ford for about $2.8 billion. If the transaction goes through, it will be Estee Lauder’s largest-ever acquisition. The cosmetics giant’s proposal prevailed, beating its competitors, including Kering SA (OTC: PPRUY ), the Full story available on Benzinga.com.

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Starting strong: Making your CEO transition a catalyst for renewal

Mckinsey and Company

The best CEOs use the first six to 12 months of their tenure as a moment of great personal transition and institutional renewal. There are four keys to success.

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Preparing for the 2023 Proxy Season in the Era of Universal Proxy

Harvard Corporate Governance

Posted by David M. Silk, Carmen X. W. Lu, Sabastian V. Niles, Wachtell, Lipton, Rosen & Katz, on Monday, November 14, 2022 Editor's Note: David M. Silk and Sabastian V. Niles are Partners and Carmen X. W. Lu is Counsel at Wachtell, Lipton, Rosen & Katz. This post is based on a WLRK publication by, among others, Mr. Silk, Mr. Niles, Ms. Lu, Andrew Brownstein , Steve Rosenblum and Adam Emmerich.

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My Favorite Law Prof: How I Learned To Argue Open-Mindedly

Law 360 M&A

Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.

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Cathie Wood's Ark Invest Buys Grayscale Bitcoin Trust Shares Worth $2.8M

Benzinga

Cathie Wood 's Ark Invest has purchased Grayscale Bitcoin Trust ’s (OTCQX: GBTC ) shares worth $2.8 million. The deal was announced days after the beleaguered crypto fund’s discount hit a new low. Ark Invest lapped up 315,259 shares of GBTC, according to a disclosure made by the company. Also Read: 'I'm improvising,' Says Sam Bankman-Fried When Asked Why He's Posting Cryptic Tweets.

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New-business building in 2022: Driving growth in volatile times

Mckinsey and Company

A new global survey finds that new-business building can boost growth and value. However, to meet revenue expectations in the future, companies must dramatically increase their efforts.

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Exponential Expectations for ESG

Harvard Corporate Governance

Posted by Olwyn Alexander, Dariush Yazdani, PricewaterhouseCoopers LLP, on Thursday, November 17, 2022 Editor's Note: Olwyn Alexander is Global Asset and Wealth Management Leader and Dariush Yazdani is Global Asset and Wealth Management Market Research Centre Leader at PricewaterhouseCoopers LLP. This post is based on their PwC report. Related research from the Program on Corporate Governance includes The Illusory Promise of Stakeholder Governance (discussed on the Forum here ); and Will Corpora

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Hasbro Plans Sale Of EOne After Activist Investor Pressure

Law 360 M&A

Toymaker Hasbro Inc. on Thursday announced that it will begin a sale process for part of its television and film business in order to "maximize the value" of the unit for both Hasbro and its shareholders, a move that comes after an activist investor tried to remove members of the company's board earlier this year.

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Three Months Wait Time For Twitter Blue Mark Verification, Zuckerberg's WhatsApp And Metaverse Plans, China's COVID-19 Measures Hurt Alibaba's Biggest Event: Top Stories Friday, Nov. 18

Benzinga

Reuters. Elon Musk's Ultimatum Triggers Mass Exodus At Twitter As Social Media Site Reportedly At Risk Of 'Breaking During Night' There are mounting concerns over the stability of Twitter's platform after hundreds of employees chose to exit the company instead of agreeing to work "long hours at high intensity." The latest wave of departures includes engineers responsible for bug fixing and preventing service outages, which has spurred questions about Twitter's stabi

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