Sat.Aug 06, 2022 - Fri.Aug 12, 2022

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CSOs Have More Impact When Aligned To The CEO

Harvard Corporate Governance

Posted by Kurt Harrison, Sarah Galloway, and Emily Meneer, Russell Reynolds Associates, on Friday, August 12, 2022 Editor's Note: Kurt Harrison is co-head of the Global Sustainability Practice, Sarah Galloway is a Consultant, and Emily Meneer is a Global Knowledge Leader at Russell Reynolds Associates. This post is based on their Russell Reynolds memorandum.

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What you need to know about small business valuations

Chris Curtain

Prepare your business for a business appraisal Small Business Valuation Steps Operating a small business can be extremely rewarding. For some individuals, doing so represents the opportunity to create an enterprise with growth potential. For others, it reflects the chance to build a valuable asset for themselves and generations to follow. Whatever your reason for […].

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Viking Intern Returns to App State With Valuable Experience

Viking Mergers

We were extremely fortunate to have Conrad Nelsen spend three months with the Viking Mergers & Acquisitions team in Charlotte, NC. Conrad was our Spring 2020 recipient of the Viking Entrepreneur Endorsement Scholarship. He is working towards a double major at Appalachian State University in Finance & Banking and Risk Management & Insurance, along with a minor in Accounting.

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How to make ESG real

Mckinsey and Company

While ESG is likely to evolve both in substance and name in the coming years, its underlying impulse is here to say. Here’s how companies can take a more systematic and rewarding approach to ESG.

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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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Back to Basics: Board Committees

Harvard Corporate Governance

Posted by Natalie Cooper and Robert Lamm (Deloitte LLP), and Randi Val Morrison (Society for Corporate Governance), on Saturday, August 6, 2022 Editor's Note: Natalie Cooper is Senior Manager and Robert Lamm is an independent senior advisor, both at the Center for Board Effectiveness, Deloitte LLP; and Randi Val Morrison is Vice President, Reporting & Member Support at the Society for Corporate Governance.

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Don Machholz Passing

Appraisers Blog

Folks, yesterday, August 11, I received the following notice about Don Machholz from a California appraiser, who requested this be circulated: With sadness, I wanted to share the news of Don Machholz passing on Tuesday, August 9 in Wikieup, AZ due to complications with COVID-19. Don was a real estate appraiser from 2003-2018 and was well known within the appraisal industry.

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Where delegation fails: Five things only the enterprise CEO can do to build new businesses

Mckinsey and Company

Business building is increasingly important for company resilience, and CEOs are uniquely suited for the job. Here are five tasks that CEOs can undertake to build successful new businesses.

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The Market for CEOs: Evidence from Private Equity

Harvard Corporate Governance

Posted by Paul A. Gompers (Harvard Business School), Steven N. Kaplan (University of Chicago), and Vladimir Mukharlyamov (Georgetown University), on Wednesday, August 10, 2022 Editor's Note: Paul A. Gompers is Eugene Holman Professor of Business Administration at Harvard Business School; Steven N. Kaplan is the Neubauer Family Professor of Entrepreneurship and Finance at the University of Chicago Booth School of Business; and Vladimir Mukharlyamov is Assistant Professor of Finance at the McD

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Consolidation of Book Publishers Is a Threat to a Diverse Literary Marketplace

NYT M&A

The proposed merger of Penguin Random House and Simon & Schuster accelerates industry trends toward the production of best-sellers at the expense of the incubation of new voices or ideas.

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Elon Musk's Lawyers Seek Access To Names Of Twitter Employees Who Count Bot Accounts: Report

Benzinga

While speculation of Elon Musk’s renewed interest in Twitter, Inc. (NYSE: TWTR ) is gaining ground, a report suggests that the Tesla, Inc. (NASDAQ: TSLA ) CEO has sought additional information from the social media platform. In a letter filed under seal on Tuesday, Musk’s legal team has asked Twitter to turn over the names of its employees who are involved in calculating spam account counts, Reuters reported , citing a source familiar with the matter.

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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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Overcoming the cost of healthcare transformation through partnerships

Mckinsey and Company

Players are adapting to the evolving healthcare landscape by using a range of partnership models—beyond M&A—to create value. Anticipating and avoiding five common mistakes can be key for success.

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Emerging Fraud Risks to Consider: ESG

Harvard Corporate Governance

Posted by Michael Brodsky and Amy Edwards, Deloitte, on Tuesday, August 9, 2022 Editor's Note: Michael Brodsky is Managing Director and Amy Edwards is Audit & Assurance Senior Manager of the Fraud Risk Center, Deloitte & Touche LLP. This post is based on a Deloitte memorandum by Mr. Brodsky, Ms. Edwards, Krista Parsons , Maureen Bujno , and Kimia Clemente.

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Justice for Texas Appraiser? You Bet. Price Tag: $99,000

Appraisers Blog

The Texas Appraiser Licensing and Certification Board is a hot mess, but one with a malicious and callous streak. That makes it dangerous to licensees. The Unclean Hands Doctrine is a legal defense. It helps prevent petitioners who are engaged in fraud, deceit or bad faith from recovering certain damages from others. If you’re a known cattle rustler yourself, the Unclean Hands defense may keep you from recovering damages if your own cattle go missing.

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Catalent-Repligen Merger 'Seems Unlikely,' This Analyst Says

Benzinga

Yesterday, Catalent Inc (NYSE: CTLT ) announced to acquire Metrics Contract Services for $475 million. Keybanc notes that the deal strengthens CTLT's oral delivery portfolio and targets rapidly growing biologic applications. Metrics produces highly active pharmaceutical ingredients that are very difficult to produce but very potent in small doses.

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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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Product development in the era of digital transformation and sustainability

Mckinsey and Company

Because of digital and sustainability trends, R&D organizations are facing an increasingly complex landscape. Developing the necessary organizational structures and capabilities is urgent.

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Does ESG Negative Screening Work?

Harvard Corporate Governance

Posted by Robert Eccles (Oxford University), Shivaram Rajgopal (Columbia University), and Jing Xie (Hong Kong Polytechnic University), on Monday, August 8, 2022 Editor's Note: Robert Eccles is Visiting Professor of Management Practice at Oxford University Said Business School; Shivaram Rajgopal is Roy Bernard Kester and T.W. Byrnes Professor of Accounting and Auditing at Columbia Business School; and Jing Xie is Assistant Professor of Finance at Hong Kong Polytechnic University School of Account

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IRS Extends SECURE Act and CARES Act Amendment Deadlines

ThomsonReuters

Notice 2022-33, 2022-34 I.R.B. __ (Aug. 22, 2022). Available at [link]. The IRS has extended the deadlines for adopting retirement plan amendments to reflect certain provisions of the SECURE Act and the CARES Act. As background, under the SECURE Act, the plan amendment deadline for most plans is the last day of the first plan year beginning on or after January 1, 2022 (2024 for governmental and applicable collectively bargained plans; see our Checkpoint article ).

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Selling a Business During Lawsuit

Sun Acquisitions

Can you sell your business during a lawsuit? While it is certainly not impossible, it’s going to be an uphill battle trying to convince your buyers otherwise. In this post, we take a look at the issues you need to address if you’re facing litigation but are still intent on going ahead with the sale. Issue #1 Disclosure of litigation details to your buyers.

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Elon Musk Reveals He Sold Tesla Shares Last Week To Prepare For An 'Unlikely' Event

Benzinga

Tesla Inc (NASDAQ: TSLA ) CEO Elon Musk said he sold shares of the automaker to avoid an emergency sale in the “hopefully unlikely” event Twitter Inc (NYSE: TWTR ) forces his buyout deal to close. What Happened: Musk confirmed that he was done selling in response to a question on Twitter. The entrepreneur said, “In the (hopefully unlikely) event that Twitter forces this deal to close *and* some equity partners don’t come.

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SEC Proposes Narrowing Grounds for Excluding Shareholder Proposals

Harvard Corporate Governance

Posted by Richard Alsop, Harald Halbhuber, and Lona Nallengara, Shearman & Sterling LLP, on Sunday, August 7, 2022 Editor's Note: Richard Alsop , Harald Halbhuber , and Lona Nallengara are partners at Shearman & Sterling LLP. This post is based on a Shearman memorandum by Mr. Alsop, Mr. Halbhuber, Mr. Nallengara, Meaghan Jerrett , Alexa Major, and Ryan Robski.

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Given the High Gas Prices, Minimum Wage is Not Even a Working Wage

LaPorte

The average commute in the United States is about 27 minutes. This is about one gallon of gas to and one gallon of gas from… The post Given the High Gas Prices, Minimum Wage is Not Even a Working Wage first appeared on LaPorte.

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CFPB Investigations in Alleged Appraisal Discrimination

Appraisers Blog

The Consumer Financial Protection Bureau (CFPB) has started investigating alleged appraisal discrimination. This is a new development, as federal investigations had so far exclusively been by HUD. The CFPB is an aggressive investigator, and AMCs, large firms and lenders should be wary. For the last year, 40% of my legal work has been occupied by issues concerning alleged discrimination – balanced between representing parties in fair housing investigations and helping clients improve compliance a

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Analysts Bet On Twitter Deal Getting Done After Elon Musk Goes On Another Tesla Stock Selling Spree

Benzinga

Elon Musk on Tuesday disclosed in six filings that he sold $6.85 billion worth of Tesla, Inc. (NASDAQ: TSLA ) shares on Aug. 5. He later took to Twitter to clarify that the disposals were a preemptive move to mobilize funds to finance a “hopefully unlikely” Twitter, Inc. (NYSE: TWTR ) deal, if it is enforced and some equity partners don’t come through.

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Amendments to Form 13F

Harvard Corporate Governance

Posted by Stephen P. Wink and Naim Culhaci, Latham & Watkins LLP, on Saturday, August 6, 2022 Editor's Note: Stephen P. Wink is partner and Naim Culhaci is an associate at Latham & Watkins LLP. This post is based on a Latham memorandum by Mr. Wink, Mr. Culhaci, Jackie Rugart , and Matthew Lee. On June 23, 2022, the Securities and Exchange Commission (SEC) adopted certain amendments to Form 13F (the Adopting Release) that will become effective at the beginning of 2023.

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Cox Buys Latham-Led Axios Media For Reported $525M

Law 360 M&A

Cox Enterprises Inc. will purchase Latham & Watkins LLP-advised Axios Media Inc. for a reported $525 million, in a deal that will help the digital news company expand into more local markets, the companies said Monday.

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What Are They Lobbying For?

Appraisers Blog

TAF spent $1.4 million dollars lobbying over the past four years using the revenue they take in from appraisers… To set the stage of the complete disdain for the appraisal industry and the public trust… In the 2019 TAF 990 Filing, and based on the assumption their compensation has increased in the last three years, the two leaders of TAF, Dave & Kelly, run a 12 employee entity and make a staggering ± $750,000 annually.

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Amazon Said To Be In Talks To Buy Indian Logistics Unicorn For Up To $600M

Benzinga

E-commerce giant Amazon.com, Inc. (NASDAQ: AMZN ) is in talks to acquire over 51% stake in logistics firm Ecom Express Ltd for $500 million-$600 million, India's Mint newspaper reported, citing sources. What Happened : The development follows Amazon’s efforts at building an in-house logistics division, as per the report. Ecom Express is an end-to-end technology-enabled logistics solutions provider to the Indian e-commerce industry, according to the firm’s website.

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Climate Disclosures: Not Quite as Easy as (Scope) 1-2-3

Harvard Corporate Governance

Posted by Lindsey Stewart, Morningstar, Inc., on Friday, August 12, 2022 Editor's Note: Lindsey Stewart is Director of Investment Stewardship Research at Morningstar, Inc. This post is based on a Morningstar memorandum by Mr. Stewart and Hortense Bioy. Related research from the Program on Corporate Governance includes The Illusory Promise of Stakeholder Governance (discussed on the Forum here ) by Lucian A.

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Organizational Performance in Business

Rhythm Systems

Organizational performance is an essential aspect of any business. Being a growing business is great for attracting and keeping talented employees. It affects how well companies perform and whether they can compete in their industries. Organizational performance starts at the top with the leadership and executive teams. Performance measurement is at the heart of every high-performance company, and they can clearly define and measure organizational performance.

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Veolia To Sell Suez UK For €2.4B To Quell Antitrust Concerns

Law 360 M&A

Veolia said Monday that it will sell Suez's waste management business in the U.K. to Australian financial services group Macquarie for €2.4 billion ($2.5 billion), as the French utility giant seeks to resolve long-running antitrust concerns.

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Heico Acquires Key Niche RF & Microwave Switch Maker

Benzinga

Heico Corp (NYSE: HEI ) has acquired 100% of the stock of Charter Engineering, Inc. for cash. Financial details were not disclosed. HEICO expects the acquisition to be accretive to its earnings within the year following the acquisition. Pinellas Park, FL-based Charter designs and manufactures. Full story available on Benzinga.com.

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Welcoming the Universal Proxy

Harvard Corporate Governance

Posted by Kai Liekefett, Derek Zaba, and Leonard Wood, Sidley Austin LLP, on Monday, August 8, 2022 Editor's Note: Kai Liekefett and Derek Zaba are partners and Leonard Wood is senior managing associate at Sidley Austin LLP. This post is based on an Ethical Boardroom publication. Related research from the Program on Corporate Governance includes Universal Proxies (discussed on the Forum here ) by Scott Hirst.

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Addressing Air Ambulance Services, Court Again Vacates Portions of No Surprises Act’s IDR Regulations

ThomsonReuters

LifeNet, Inc. v. HHS, 2022 WL 2959715 (E.D. Tex. 2022). A federal trial court has again vacated key portions of the interim final regulations implementing the independent dispute resolution (IDR) provisions of the No Surprises Act—this time relating to air ambulance services. As background, the No Surprises Act, enacted as part of the Consolidated Appropriations Act, 2021 (CAA), expanded patient protections to shield individuals from surprise bills for certain out-of-network emergency and non-em

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Benchmark International Successfully Facilitated the Transaction Between Andidrain Limited and Denholm Energy Services Limited

Benchmark Report

Benchmark International is pleased to announce the acquisition of Carlisle-based AndiDrain by Glasgow-headquartered Denholm Energy. Established in 1990, AndiDrain is a liquid waste management and industrial services company offering a range of services such as tinkering, CCTV pipework surveys, waste segregation and recycling, sewer/culvert renovation, and relining.