Sat.Oct 07, 2023 - Fri.Oct 13, 2023

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Top 7 Reasons Why M&A Deals Fail

Quantive

Seven- and nine-figure mergers and acquisitions (M&A) deals bring two or more […]

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State of Cyber Awareness in the Boardroom

Harvard Corporate Governance

Posted by Sarah Kuranda Vallone, VP Marketing (NightDragon) and Edna Twumwaa Frimpong, Director of International Research (Diligent Institute), on Tuesday, October 10, 2023 Editor's Note: Sarah Kuranda Vallone is a VP Marketing at NightDragon, and Edna Twumwaa Frimpong is a Director of International Research at Diligent Institute. This post is based on a NightDragon and Diligent memorandum by Ms.

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FactSet Review—The Largest U.S. Corporate Acquisitions

BVR

The FactSet Review is the cornerstone of every mergers and acquisitions library and a must have for anyone who needs historical M&A data. Get a sneak peek at some historical data points from the 2023 FactSet Review.

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Exxon Acquires Pioneer Natural Resources for $60 Billion

NYT M&A

The acquisition of Pioneer Natural Resources, Exxon’s largest since its merger with Mobil in 1999, is a bet that U.S. energy policy will not move against fossil fuels in a major way.

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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 is Web3?

Mckinsey and Company

Web3 is a term used to describe the next iteration of the internet, one that is built on blockchain technology and is communally controlled by its users.

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AI and the Role of the Board of Directors

Harvard Corporate Governance

Posted by Holly J. Gregory, Sidley Austin LLP, on Saturday, October 7, 2023 Editor's Note: Holly J. Gregory is a Partner and co-chair of the Global Corporate Governance practice at Sidley Austin LLP. This post is based on The Governance Counselor piece. Artificial intelligence (AI) has the capacity to disrupt entire industries, with implications for corporate strategy and risk, stakeholder relationships, and compliance that require the attention of the board of directors.

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Microsoft Closes $69 Billion Activision Blizzard Deal

NYT M&A

The megadeal could strengthen Microsoft’s standing in the video game industry, after a year and a half of negotiations with regulators around the world.

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Five paths to TSR outperformance

Mckinsey and Company

It’s hard for companies to significantly beat long-term market TSR, harder still for the largest corporations, and hardest of all in the face of low growth. But industry endowment needn’t be destiny.

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Attacks on ESG Investing are also attacks on company support for Sustainability

Harvard Corporate Governance

Posted by Timothy Smith, Interfaith Center on Corporate Responsibility, on Thursday, October 12, 2023 Editor's Note: Timothy Smith is Senior Policy Advisor at the Interfaith Center on Corporate Responsibility. This post is based on his ICCR memorandum. Related research from the Program on Corporate Governance includes The Illusory Promise of Stakeholder Governance (discussed on the Forum here ) and Will Corporations Deliver Value to All Stakeholders?

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Western Digital Set To Merge With Japan's Kioxia, Further Consolidating Chip Market

Benzinga

Japanese chipmaker Kioxia Holdings and its U.S. peer Western Digital Corp (NASDAQ: WDC ) are expected to agree on a merger soon. What Happened : The two companies look to set up a holding company to integrate their operations producing NAND flash memory chips, widely used in devices such as PCs and smartphones. The combined entity will likely list on the Nasdaq stock exchange, the Japan Times reported.

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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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The Upshot of Microsoft’s Activision Deal: Big Tech Can Get Even Bigger

NYT M&A

With the completion of the blockbuster acquisition, the notion that tech giants can grow through “vertical transactions” remains intact.

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Tech talent in transition: Seven technology trends reshaping telcos

Mckinsey and Company

With technologies like edge computing, AI, and xRAN transforming telecom, leaders are reassessing how to capture value. Rethinking talent is a key piece of the puzzle.

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Statement by Chair Gensler on Final Rules Regarding Beneficial Ownership

Harvard Corporate Governance

Posted by Gary Gensler, U.S. Securities and Exchange Commission, on Wednesday, October 11, 2023 Editor's Note: Gary Gensler is Chair of the U.S. Securities and Exchange Commission. This post is based on his recent statement. The views expressed in this post are those of Chair Gensler, and do not necessarily reflect those of the Securities and Exchange Commission or its staff.

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Does Your Company Need an F Reorganization?

Redpath

October 10, 2023 – When you start a business you put a lot of thought into how to structure it from a tax perspective. Do you pick LLC? S-Corp? C-Corp? Some combination of multiple structures?

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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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From LSD to I.P.O., Birkenstock Bets Big on Its Global Empire

NYT M&A

Once the symbol of the counterculture, lately the darlings of the fashion world, Birkenstock went public in New York.

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Microsoft completes $69bn deal to buy Call of Duty maker Activision Blizzard

The Guardian M&A

Completion of sale follows regulator’s decision to allow it after competition concerns were addressed Microsoft has completed its $69bn (£57bn) deal to buy Activision Blizzard, the maker of games including Call of Duty and World of Warcraft, after the UK’s competition watchdog cleared the acquisition. The Competition and Markets Authority (CMA) had moved to block the deal in April , citing concerns that Microsoft – the maker of the Xbox gaming console – would dominate the nascent cloud gaming ma

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Reducing the Risk of ‘Greenwashing’ Litigation and Defending Actions That Are Filed

Harvard Corporate Governance

Posted by Jessica Davidson, Nina R. Rose, and Robert A. Silverstein, Skadden, Arps, Slate, Meagher & Flom LLP, on Tuesday, October 10, 2023 Editor's Note: Jessica Davidson and Nina R. Rose are Partners, and Robert A. Silverstein is an Associate at Skadden, Arps, Slate, Meagher & Flom LLP. This post is based on a Skadden memorandum by Ms. Davidson, Ms.

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Comment on Removing the Definition of Personal Inspection by Douglas Kues

Appraisers Blog

Unfortunately, I haven’t taken the time to read and digest all of the above, but one thing has always jumped out at me about the whole scenario. To reference a photograph as an “inspection” is misleading enough on its own, but to put “observation” and “inspection” in the same sentence as if they mean the same thing is “intentionally” misleading if you ask me… and that is more serious than unintentional fraud.

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What NASDAQ Disclosures Reveal About LGBTQ+ Representation and Overall Diversity in the Boardroom

Reynolds Holding

A ground-breaking study provides new data about diversity on the boards of directors of 3,031 companies (representing 2,503 U.S. and 528 foreign firms) listed on the NASDAQ stock exchange. The demographic information in the study is based on voluntary self-identification by each member of a company’s board. Notably, about 5 percent of board members did not disclose demographic information, and 3 percent did not reveal their gender, an option provided by the NASDAQ Board diversity matrix instruct

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Forward Thinking on the existential issues facing the middle classes in every country with Homi Kharas

Mckinsey and Company

Historically, the middle class has always tried to avoid change and to reduce levels of uncertainty, but it now has to embrace change and write itself a new narrative, says a leading economist.

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Statement by Commissioner Peirce on Final Rules Regarding Beneficial Ownership

Harvard Corporate Governance

Posted by Hester M. Peirce, U.S. Securities and Exchange Commission, on Wednesday, October 11, 2023 Editor's Note: Hester M. Peirce is a Commissioner at the U.S. Securities and Exchange Commission. This post is based on her recent public statement. The views expressed in this post are those of Commissioner Peirce and do not necessarily reflect those of the Securities and Exchange Commission or its staff.

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ExxonMobil Pays $60B For Pioneer In Top Deal Of 2023

Law 360 M&A

Davis Polk-led ExxonMobil Corp. said Wednesday it has agreed to buy Permian Basin shale producer Pioneer Natural Resources for roughly $59.5 billion, marking the largest acquisition announced in 2023.

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ExxonMobil backs up bullish view of oil demand with $60bn bet

Financial Times M&A

Purchase of Pioneer reinforces group’s Permian Basin inventory as fossil fuel debate intensifies

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How Microsoft Turned the Tide in Its Regulatory Fight Over Activision

NYT M&A

The company found a way to placate three of the most powerful regulatory bodies in the world, along with a federal judge in San Francisco.

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Expecting Corporate Prosociality

Harvard Corporate Governance

Posted by Hajin Kim (University of Chicago), on Monday, October 9, 2023 Editor's Note: Hajin Kim is an Assistant Professors of Law at the University of Chicago Law School. This post is based on her paper forthcoming in the Journal of Legal Studies. Related research from the Program on Corporate Governance includes The Illusory Promise of Stakeholder Governance (discussed on the Forum here ) and Does Enlightened Shareholder Value Add Value?

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Trader Cops To ADI Insider Scheme With Trial Looming

Law 360 M&A

A third person charged with insider trading ahead of a planned Analog Devices Inc. acquisition in 2016 pled guilty to securities fraud and conspiracy charges Wednesday, days before he was set to stand trial in the case.

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Why Japan should sell Nintendo

Financial Times M&A

A sale of one of its crown jewels could be transformative for the country

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Banking-as-a-Service (BaaS) Explained

N Contracts

As consumer preferences have shifted toward online banking and other digital products, many traditional financial institutions have sought BaaS fintech partners to generate new sources of revenue. However, these partnerships introduce greater risks for community banks and credit unions, which must compete to attract the best fintech programs.

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Weekly Roundup: October 6-12, 2023

Harvard Corporate Governance

Posted by the Harvard Law School Forum on Corporate Governance, on Friday, October 13, 2023 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of October 6-12, 2023 The DNA of 2023 U.S. Sustainability Reports Posted by Martha Carter, Matt Filosa, Diana Lee, Teneo, on Friday, October 6, 2023 Tags: Board of Directors , CEOs , ESG , Sustainability AI and the Role of the Board of Directors Posted by Holly J.

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Engagement Quality Reviews under SQMS No. 2

Trout CPA

Written by Nicole Cradic, CPA, Partner This article first appeared in the Pennsylvania CPA Journal - Fall 2023 and is reprinted with permission. Copyright © 2023 by the Pennsylvania Institute of CPAs. All rights reserved. The Auditing Standards Board (ASB) issued four quality management standards in June 2022. These were generally presented in the spring 2023 issue of the Pennsylvania CPA Journal together with a deeper dive into SQMS No.1, A Firm’s System of Quality Management.

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7 Benefits of Leveraging Outside Accounting and Finance Experts

Redpath

Accounting and finance are essential functions for business success. Outsourcing some or all of this work can bring many benefits to firms of any size.

Finance 98
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A vision for medical affairs 2030: Five priorities for patient impact

Mckinsey and Company

In 2018, we foresaw medical affairs playing a more strategic role and contributing greater patient impact. That future is now; there’s work to be done to realize it and reach the next level vision.

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2024 U.S. Proxy Season: Recent Proxy and Annual Report Developments

Harvard Corporate Governance

Posted by Laura D. Richman, Mayer Brown LLP, on Monday, October 9, 2023 Editor's Note: Laura D. Richman is a Counsel at Mayer Brown LLP. This post is based on a Mayer Brown memorandum by Ms. Richman, Jennifer J. Carlson , Lawrence A. Cunningham , Anna T. Pinedo , and David A. Schuette. Recent Proxy and Annual Report Developments INSIDER TRADING DISCLOSURES Environmental and Social Matters Additional Annual Report and Proxy Statement Matters In December 2022, the U.S.

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Business Appraisal Abbreviated Terminology

BV Specialists

Like many professions, the appraisal industry is full of acronyms that only those well-versed in the lingo can identify at first glance. Here are a couple of abbreviated terms that will factor significantly in the overall valuation of your small business. EBITDA : Earnings Before Interest, Taxes, Depreciation, and Amortization Even the long version of this acronym is confusing to understand.