Sat.May 25, 2019 - Fri.May 31, 2019

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All-Stock Deals, EPS Dilution (and Appraisal)

Appraisal Rights

It looks that way, according to this analysis on the CLS BlueSky Blog. From the authors: “… investors pay close attention to how stock-based deals affect the acquirer’s short-term earnings per share (EPS). Merger announcements are regularly accompanied by discussions of whether the deal will be accretive or dilutive for the acquirer’s EPS, and if immediately dilutive, how quickly the deal would turn accretive.

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Is Now the Best Time to Sell Your Business?

Sun M&A

While the importance of timing is paramount, it tends to be underestimated when considering the sale of a business. Determining the “right” timing is increasingly difficult in today’s environment with many complicated external factors impacting business value and marketability. . These external factors include unstable and unpredictable economic climate and rapidly evolving, industry disrupting technologies.

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Does Valuation Method Matter? Evidence from Finland

Appraisal Rights

Does the valuation method parties pursue, and that a Court uses, matter to the ultimate valuation of a firm? This recent paper studying data from Finnish appraisal of private terms over a 16 year period suggests that the choice of methodology does matter. For readers of this blog, or those who know of appraisal predominantly through the Delaware-dominated and – more relevant here – public company dominated area, this conclusion may seem obvious.

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Major Investment Manager: Vote For Appraisal Rights

Appraisal Rights

We’ve covered before that major proxy voting analyst Taft-Hartley suggests investors vote in favor of appraisal rights and that a major pension fund’s guidelines likewise favor appraisal. Add Boston Partners, a major investment manager, to the list of those favoring appraisal rights in their proxy voting, according to their 2019 proxy voting guidelines [.pdf].

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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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Law360: Do We Need a “New” Appraisal Checklist?

Appraisal Rights

Legal news site Law360 published this analysis [$$$] about whether, in light of Aruba , it’s time for a new “checklist” on appraisal. The core takeaway is something academics have been observing over time: appraisal is growing closer to breach of fiduciary duty litigation – and the space between the two types of cases is shrinking. With that said, appraisal remains a distinct type of action, even if the substantive room for the remedy is (as the authors content) is reduced.