Sat.Jun 04, 2022 - Fri.Jun 10, 2022

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An Early Look at the 2022 Proxy Season

Harvard Corporate Governance

Posted by Hannah Orowitz, Rajeev Kumar, and Lee Anne Hagel, Georgeson LLC, on Tuesday, June 7, 2022 Editor's Note: Hannah Orowitz is Head of ESG, Rajeev Kumar is Senior Managing Director, and Lee Anne Hagel is Director at Georgeson LLC. This post is based on a Georgeson memorandum by Ms. Orowitz, Mr. Kumar, Ms. Hagel, and Kilian Moote. Related research from the Program on Corporate Governance includes The Illusory Promise of Stakeholder Governance by Lucian A.

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How to Avoid Sellers’ Remorse When Selling a Business

Viking Mergers

Selling a business can be an emotional process, especially after years, maybe decades, of hard work. You have poured your life into making your business what it is today, and it is completely normal to have a lot of questions as you approach the selling process. A few questions you might have are, How do I find the best buyer? Are they going to value my legacy and vision?

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The next frontier for AI in China could add $600 billion to its economy

Mckinsey and Company

By 2030, AI could disrupt transportation and other key sectors in China, adding significant economic value—but only if strategic cooperation and capability building occur across multiple dimensions.

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How to keep up to date with accounting standards

ThomsonReuters

The reality is, technical competence still lies at the heart of adding value. When you can flag changes in accounting, auditing, and tax that clients didn’t know about, and help them manage commercial impacts with innovative solutions, then you’re well on your way to gaining their trust. But how do you stay current on accounting and auditing standards when there are new developments happening all the time?

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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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Fortune 500 General Counsel Report

Harvard Corporate Governance

Posted by Cynthia Dow, Harsonal Sachar, and Leah Christianson, Russell Reynolds Associates, on Monday, June 6, 2022 Editor's Note: Cynthia Dow leads Russell Reynolds Associates’ Legal, Risk & Compliance Officers capability; Harsonal Sachar leads Knowledge for Russell Reynolds Associates’ Legal, Risk & Compliance Officers and Human Resources Officers capabilities; and Leah Christianson is a member of Russell Reynolds Associates’ Center for Leadership Insight.

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Deal Structures: Negotiating Your Post Closing Agreement

Viking Mergers

At Viking, we firmly believe that one of the best ways to make the right decisions about selling your business (and most anything, really) is to be well-informed. So, we set out to create this four-part series as a practical resource for business owners like you. In Part One, we discussed negotiating payment terms ; Part Two covered how to negotiate assets conveyed ; and in Part Three, we dove into legalities to negotiate in a business sale.

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Appraiser Newsroom - Untitled Article

Appraiser Newsroom

How the great resignation is creating new job opportunities around the world. By: ASA CEO, Johnnie White. Many may not understand the appraisal profession, or even the fact that there are multiple disciplines within it, but what people should know are the new opportunities being created by the “great resignation,” as a result of the global pandemic and economy to start a new career.

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When It Comes to Board Diversity, Regulation Helps But Is No “Silver Bullet”

Harvard Corporate Governance

Posted by Hannah Geyer, National Association of Corporate Directors (NACD), on Sunday, June 5, 2022 Editor's Note: Hannah Geyer is associate director of the chapter network and centers at National Association of Corporate Directors (NACD). This post is based on a NACD BoardTalk publication. Related research from the Program on Corporate Governance includes Politics and Gender in the Executive Suite by Alma Cohen, Moshe Hazan, and David Weiss (discussed on the Forum here ); Will Nasdaq’s Di

Equity 277
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Can Our DCAP Reimburse a “Hold-the-Spot” Fee?

ThomsonReuters

QUESTION: One of our DCAP participants will soon take a ten-week maternity leave, following the birth of her second child. Her two-year-old child will be at home during this time instead of attending day care, but the provider will charge her half of the regular monthly fee to hold the child’s spot during the leave. Can our DCAP reimburse this fee?

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Committed innovators: How masters of essentials outperform

Mckinsey and Company

New research shows that innovation leaders are rapidly ascending beyond their peers by comprehensively committing themselves to delivering net new growth at scale.

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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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JetBlue Ups Offer On Spirit Takeover Bid: What You Need To Know

Benzinga

JetBlue Airways (NASDAQ: JBLU ) has upped the ante on its unsolicited acquisition of Spirit Airlines Inc. (NYSE: SAVE ) as Spirit pushes ahead on a planned merger with Frontier Group Holdings Inc. (NASDAQ: ULCC ). What Happened: In a letter to the Spirit board of directors, JetBlue CEO Robin Hayes pledged a $350 million reverse break-up fee, or $3.20 per Spirit share, that would be “payable to Spirit in the unlikely event the transaction is not consummated for antitrust reasons.

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What is the Law’s Role in a Recession?

Harvard Corporate Governance

Posted by Gabriel Rauterberg (University of Michigan), on Monday, June 6, 2022 Editor's Note: Gabriel Rauterberg is Assistant Professor of Law at the University of Michigan Law School. This post is based on a review essay in the Harvard Law Review. The last two years have seen astonishing changes to how public institutions manage the economy in the United States and other developed countries.

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Benchmark International Successfully Facilitated the Transaction Between Notus Heavy Lift Solutions Limited and British Engineering Services Limited

Benchmark Report

Benchmark International is delighted to announce the acquisition of Liverpool-based Notus by Warrington-based British Engineering Services. Notus is an engineering consultancy specialising in the delivery of heavy lift and transport consultancy services, lifting assurance, and the planning and execution of lifting operations. Services are delivered across the energy, rail, defence, and construction sectors throughout the UK and Europe.

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Black representation in the beauty industry

Mckinsey and Company

Black beauty consumers and brands face deep challenges when it comes to equity. Removing those barriers can lead to greater opportunity for everyone in the industry.

Equity 116
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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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Elon Musk's Twitter Funding Partially Linked To A Russian Billionaire: Report

Benzinga

Elon Musk has blown hot and cold with his intention to take social media platform Twitter, Inc. (NYSE: TWTR ) private. This has set in motion discussions regarding his intent and the sources of funding. Close on the heels of a Reuters report that said the fund-raising efforts are put on hold amid the uncertainty surrounding the deal, a Bloomberg report highlighted funding commitment from a financier, who is close to a Russian business tycoon.

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Ninth Circuit Enforces Exclusive Forum Bylaw, Creating Split with Seventh Circuit

Harvard Corporate Governance

Posted by Peter Morrison, Virginia Milstead, and Raza Rasheed, Skadden, Arps, Slate, Meagher & Flom LLP, on Thursday, June 9, 2022 Editor's Note: Peter Morrison and Virginia Milstead are partners, and Raza Rasheed is an associate at Skadden, Arps, Slate, Meagher & Flom LLP. This post is based on their Skadden memorandum, and is part of the Delaware law series ; links to other posts in the series are available here.

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Oil prices and price gouging: Deconstructing the price of gas

LaPorte

(authored by RSM US LLP) The impact of global market forces like the war in Ukraine and OPEC far outweighs whatever influence retailers or refiners have on the prices that consumers pay…. The post Oil prices and price gouging: Deconstructing the price of gas first appeared on LaPorte.

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How virtual work is accelerating innovation

Mckinsey and Company

The age of assuming that innovation requires physical proximity is over. Innovators are embracing a new model.

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Spirit Airlines Postpones Vote On Frontier Merger Following JetBlue's New Takeover Bid

Benzinga

Spirit Airlines Inc. (NYSE: SAVE ) has abruptly postponed its Friday stockholder vote on its merger with Frontier Group Holdings (NASDAQ: ULCC ) after JetBlue Airways (NASDAQ: JBLU ) expanded its unsolicited offer to buy the carrier. What Happened: Spirit and Frontier announced merger plans in February in a deal valued at $6.6 billion; the combined entity would become the nation’s fifth-largest airline.

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Impeding a Whistleblower’s Ability to Communicate with the SEC

Harvard Corporate Governance

Posted by Cydney Posner, Cooley LLP, on Tuesday, June 7, 2022 Editor's Note: Cydney S. Posner is special counsel at Cooley LLP. This post is based on her Cooley memorandum. Most likely, what comes to mind when you think about companies’ impeding the ability of a whistleblower to communicate with the SEC are allegations of overly ambitious confidentiality provisions in employment agreements or company policies.

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Hannover Messe 2022: From robot dogs and Pepper’s Ghost Illusion to tangible optimism

Avanade

Avanade and Accenture have returned from Hannover Messe 2022 after being an exec sponsor at the Microsoft Booth. This blog provides a reflection of some of the positive experience at the event.

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Resilience for sustainable, inclusive growth

Mckinsey and Company

Resilience should be seen as the ability to deal with adversity, withstand shocks, and continuously adapt and accelerate as disruptions and crises arise over time.

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IRS Announces Pre-Examination Retirement Plan Compliance Pilot Program

ThomsonReuters

IRS Employee Plans News (June 3, 2022). Available at [link]. The IRS has announced a pre-examination compliance program for qualified retirement plans, including 401(k) plans. Under this pilot program, which begins this month, sponsors of plans that have been selected for an upcoming IRS examination will be notified by letter. The plan sponsor then will have 90 days to review its plan documents and operations for compliance with Code requirements and respond to the IRS.

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Policy Insights: Say on Climate

Harvard Corporate Governance

Posted by John Galloway, Vanguard, Inc., on Wednesday, June 8, 2022 Editor's Note: John Galloway is Global Head of Investment Stewardship at Vanguard, Inc. This post is based on a publication by Vanguard Investment Stewardship. Executive summary. At this time, Vanguard does not proactively encourage companies to hold a “Say on Climate” vote given the lack of established standards or widely accepted market norms that govern these votes.

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Property Data Reports for Appraisal Waivers

Appraisers Blog

These Property Data Reports have a higher level or different reporting requirements than ordinary traditional appraisals. Appraisers, on Tuesday 5/24/22, an AMC sent a message to their appraiser panel appraisers asking them if they’d like to ‘help their lender clients’ by doing Property Data Reports (PDR). Let’s decipher what this is all about. Freddie Mac has decided, that as of Sunday, July 17, 2022, they must have a PDR (Property Data Report) completed “by someone” in order for the loan appli

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Semiconductor shortage: How the automotive industry can succeed

Mckinsey and Company

As the semiconductor shortage persists, the automotive industry will likely benefit from new sourcing models and stronger bonds between OEMs, Tier 1 suppliers, and semiconductor suppliers.

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EXCLUSIVE: Janus CEO Ramey Jackson Looks Back At First Year As A Public Company

Benzinga

Janus International Group (NYSE: JBI ), a provider of custom building product solutions and access control technologies within the self-storage sector of the commercial real estate industry, is observing its first anniversary as a publicly-traded company since merging with blank-check company Clearlake Capital Group on June 7, 2021. Janus CEO Ramey Jackson spoke with Benzinga about the Temple, Georgia-based company’s progress since going public.

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Four Traps Boards Should Avoid

Harvard Corporate Governance

Posted by David Brown, National Association of Corporate Directors (NACD), on Wednesday, June 8, 2022 Editor's Note: David Brown is managing director of Alvarez & Marsal. This post is based on a NACD BoardTalk publication. The COVID-19 pandemic required directors to immerse themselves in the weeds of day-to-day decision-making. Small decisions, such as who came into the office and how often, became big decisions as the disruption’s massive shock waves impacted almost every aspect of operatio

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How In-House Legal Leaders Can Drive Corporate Growth

Law 360 M&A

Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.

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Global Economics Intelligence executive summary, May 2022

Mckinsey and Company

Central banks move against inflation; US industry expands while China’s economy contracts amid COVID-19 measures; supply challenges persist.

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Walmart Heir Rob Walton Buys American Football Franchise Denver Broncos

Benzinga

Rob Walton, one of the heirs of Walmart Inc (NYSE: WMT ) fortune, has agreed to acquire the American football franchise, Denver Broncos. The deal was sealed for $4.65 billion, the Full story available on Benzinga.com.

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“Defense Stocks” Highlight Challenges in Navigating Sustainability Taxonomies

Harvard Corporate Governance

Posted by Jason Halper, Timbre Shriver, and Jayshree Balakrishnan, Cadwalader, Wickersham & Taft LLP, on Monday, June 6, 2022 Editor's Note: Jason Halper is partner, Timbre Shriver is an associate, and Jayshree Balakrishnan is a law clerk at Cadwalader, Wickersham & Taft LLP. This post is based on a Cadwalader memorandum by Mr. Halper, Ms. Shriver, Mr.

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5 digital project pitfalls to avoid in the public sector

Avanade

Elected officials and civil servants at all levels are motivated to improve citizen engagement, however simply “going digital” agency by agency is destined to result in continued citizen frustrations if these common pitfalls are not avoided.

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What are the biotech investment themes that will shape the industry?

Mckinsey and Company

From 2019 to 2021, venture capitalists plowed $35 billion into biotech companies with advanced platform technologies that could transform the industry.