Sat.Sep 03, 2022 - Fri.Sep 09, 2022

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Carve-Outs’ Popularity Soars as Businesses Pursue Growth

Harvard Corporate Governance

Posted by Gregory Pryor and Germaine Gurr, White & Case LLP, on Tuesday, September 6, 2022 Editor's Note: Gregory Pryor and Germaine Gurr are partners at White & Case LLP. This post is based on a White & Case memorandum by Mr. Pryor, Ms. Gurr, Lindsey Canning , and Jun Usami. Carve-out deals, whether conducted through a trade sale, buyout, or IPO, have become a vital tool for businesses to boost balance sheets and deliver shareholder value.

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Meet the Speakers—2022 AAML/BVR National Divorce Conference: Part 2

BVR

The 2022 AAML/BVR National Divorce Conference is right around the corner—read on to meet members of our planning committee!

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A time for reflection – Our changing world

IVSC

Our changing world. 2021 marked a gradual return to physical meetings at the IVSC after more than a year of pandemic-inflicted restrictions. It has been extremely satisfying and rewarding to see people again – staff and fellow board members alike – to reflect on the importance of face-to-face meetings and the relationships that sustain a global organisation like the IVSC.

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Reducing food loss: What grocery retailers and manufacturers can do

Mckinsey and Company

An estimated $600 billion worth of food is lost during or just after harvest. Can manufacturers and grocers do anything about it? Definitely—and it will be good for business, people, and the planet.

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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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Energy Industry Reacts to SEC Proposed Rules on Climate Change

Harvard Corporate Governance

Posted by Hillary Holmes and Justine Robinson, Gibson, Dunn & Crutcher LLP, on Monday, September 5, 2022 Editor's Note: Hillary H. Holmes is partner and Justine Robinson is an associate at Gibson, Dunn & Crutcher LLP. This post is based on a Gibson Dunn memorandum by Ms. Holmes, Ms. Robinson, Tull Florey , Brian Lane , Jim Moloney , and Peter Wardle.

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Can Our DCAP Reimburse a Participant’s Claim for a “Late Fee”?

ThomsonReuters

QUESTION: One of our DCAP participants has submitted a reimbursement claim that includes a $20 “late fee.” This charge is in addition to the regular monthly day-care fee for the participant’s child and appears as a separate entry on the statement from the day-care center with no further explanation. Can we reimburse it? ANSWER: It depends on what the charge is for.

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The future of payments in Africa

Mckinsey and Company

Innovations, entrepreneurs, and capital are reshaping Africa’s fast-growing electronic-payments landscape with solutions for consumers and businesses alike.

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State Legislation Targets Company Policies on ESG

Harvard Corporate Governance

Posted by Cydney Posner, Cooley LLP, on Thursday, September 8, 2022 Editor's Note: Cydney S. Posner is special counsel at Cooley LLP. This post is based on her Cooley memorandum. Related research from the Program on Corporate Governance includes The Illusory Promise of Stakeholder Governance (discussed on the Forum here ) by Lucian A. Bebchuk and Roberto Tallarita; Does Enlightened Shareholder Value Add Value?

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Chancery Won't Delay Musk-Twitter, OKs Counterclaim

Law 360 M&A

Elon Musk won clearance Wednesday to amend his defense and counterclaims against a Delaware Court of Chancery suit by Twitter to force his closing on a $44 billion take private deal, but failed in a bid to delay an Oct. 17 trial kickoff for the dispute.

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iPhone Makers' League Could Get A New Entrant In Indian Conglomerate

Benzinga

Indian conglomerate Tata Group , which produces everything from salt to software, is reportedly in talks with Taiwan’s Wistron Corporation to establish an electronics manufacturing joint venture in India with the goal of assembling iPhones there. What Happened: The discussions with Wistron Corp are intended at making Tata a force in technology manufacturing, and the group wants to leverage the Taiwanese company’s expertise in product development, supply chain.

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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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How to build geopolitical resilience amid a fragmenting global order

Mckinsey and Company

Organizations need to strategically invest in capabilities, people, processes, structures, and technology to navigate the risks arising from an evolving and fraught geopolitical landscape.

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Speech by Chair Gensler on Kennedy and Crypto

Harvard Corporate Governance

Posted by Gary Gensler, U.S. Securities and Exchange Commission, on Friday, September 9, 2022 Editor's Note: Gary Gensler is Chair of the U.S. Securities and Exchange Commission. This post is based on his recent public 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 the Staff.

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Musk, Twitter Clash Over $44B Deal Trial Delay In Del.

Law 360 M&A

Attorneys for tech billionaire Elon Musk urged Delaware's chancellor Tuesday to delay the scheduled Oct. 17 start of a trial on Twitter's suit to compel closing on Musk's $44 billion deal to buy the company, with Twitter's counsel slamming the request as an unsupportable litigation gambit.

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Atopic Dermatitis Player Arcutis Scoops Up DucentisBioTherapeutics

Benzinga

Arcutis Biotherapeutics Inc (NASDAQ: ARQT ) has agreed to acquire LifeArc's portfolio company DucentisBioTherapeutics , a preclinical-stage biotechnology company focused on developing novel therapies for inflammation and autoimmune diseases. The agreement values Ducentis at up to $400 million, including an upfront cash payment of $16 million, Arcutis stock valued at approximately $14 million, and future.

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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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Addressing the challenges of plastic waste: Circularity and leakage

Mckinsey and Company

Circularity alone won’t stop leakage. Emerging economies still need to have proper waste management systems for their plastic and other materials.

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DGCL Amendment Merits Amending Charters and Engagement with Institutional Shareholders

Harvard Corporate Governance

Posted by Ethan Klingsberg and Oliver Board, Freshfields Bruckhaus Deringer LLP, on Sunday, September 4, 2022 Editor's Note: Ethan Klingsberg is partner and Oliver Board is counsel at Freshfields Bruckhaus Deringer LLP. This post is based on their Freshfields memorandum, and is part of the Delaware law series ; links to other posts in the series are available here.

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LaPorte Named a 2022 Top 200 Accounting Firm

LaPorte

For the thirteenth consecutive year, LaPorte CPAs & Business Advisors has been named one of the ‘Top 200 Accounting Firms’ in the country by INSIDE… The post LaPorte Named a 2022 Top 200 Accounting Firm first appeared on LaPorte.

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Year-End Tax Planning Ideas for Your Small Business

Machen McChesney

Now that Labor Day has passed, it’s a good time to think about making moves that may help lower your small business taxes for this year and next. The standard year-end approach of deferring income and accelerating deductions to minimize taxes will likely produce the best results for most businesses, as well as bunching deductible expenses into this year or next to maximize their tax value.

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The two-wheeled commute: Micromobility and your future

Mckinsey and Company

Scooter skeptic? Think again. Micromobility is gaining favor with consumers worldwide—and may fast become a mainstay of urban transportation.

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Corporate Response to the War in Ukraine: Stakeholder Governance or Stakeholder Pressure?

Harvard Corporate Governance

Posted by Anete Pajuste (Stockholm School of Economics) and Anna Toniolo (Harvard Law School), on Tuesday, September 6, 2022 Editor's Note: Anete Pajuste is Professor of Finance at Stockholm School of Economics (Riga), and Visiting Senior Fellow at the Program on Corporate Governance of Harvard Law School; and Anna Toniolo is Postdoctoral Fellow at the Program on Corporate Governance of Harvard Law School.

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Green Check Verified Acquires PayQwick To Boost Financial Ecosystem And Help Cannabis Businesses

Benzinga

Green Check Verified (GCV), a leading fintech provider of compliant cannabis solutions and services to financial institutions, announced deal terms, to acquire PayQwick , which has been servicing underbanked cannabis businesses with payments and lending since 2015. The deal was unanimously approved by both boards. "With PayQwick on board, GCV will be the first company to serve the vertically integrated cannabis industry from businesses to banks, and the only company to ensure that any canna

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Are accountants boring? Three ways to show clients you’re not.

ThomsonReuters

We all know accountants have a certain reputation for being methodical, organized, risk-averse, and some might even say, boring. But for those accountants who’ve answered the call to provide advisory services and being that valued business partner their clients need, the accounting profession can be one exciting ride. How are today’s forward-looking accountants are breaking down stereotypes and building successful careers?

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Tracking The Global Move Toward Tighter Mergers Scrutiny

Law 360 M&A

The recent merger control case of Vivendi and Lagardère in France is indicative of a global trend of competition authorities applying stricter standards to concentrations and pursuing an increasingly aggressive enforcement agenda, particularly in the media sector, says Jérémie Marthan at White & Case.

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Weekly Roundup: September 2-8, 2022

Harvard Corporate Governance

Posted by the Harvard Law School Forum on Corporate Governance, on Friday, September 9, 2022 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of September 2-8, 2022. Dealing with Activist Hedge Funds and Other Activist Investors. Posted by Martin Lipton, Wachtell, Lipton, Rosen & Katz, on Friday, September 2, 2022.

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Twitter Asks Judge To Order Elon Musk To Turn In Texts Sent Between January And July

Benzinga

Not long ago, Elon Musk complained that Twitter is asking him to share documents from anyone who has had even a passing conversation with him. It now appears that the Twitter, Inc. (NYSE: TWTR ) has made it official and has asked the Delaware Chancery Court to help obtain those texts. Twitter has requested Judge Kathaleen McCormick to order Musk and Jared Birchall, who manages the Tesla, Inc.

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Is This Your Situation: Sorting Out Payroll Categories

Machen McChesney

Distinguishing between independent contractors and employees is important for both tax and financial reasons. In order to comply with federal tax laws, you've got to be crystal clear about your workers' status and keep accurate records no matter what. Here's how to distinguish between independent contractors and employees – and why it's important.

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Author Talks: How industrial technology is creating a more inclusive economy

Mckinsey and Company

McKinsey reveals 35 cutting-edge companies in the industrial tech sector, highlighting a robust “titanium economy” that creates American jobs and fuels innovation through sustainable, inclusive growth.

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Quarterly Activist Ownership Analysis

Harvard Corporate Governance

Posted by Gerry Davis, Michael Verrechia, and Paul Schulman, Morrow Sodali, on Thursday, September 8, 2022 Editor's Note: Gerry Davis , Michael Verrechia , and Paul Schulman are Managing Directors at Morrow Sodali. This post is based on a Morrow Sodali memorandum by Mr. Davis, Mr. Verrechia, Mr. Schulman, Harry van Dyke , Jonathan Ostroff , and Tom Margadonna.

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Amazon's $3.9B Purchase Of 1Life's One Medical Faces Delay Due To FTC Investigation

Benzinga

The Federal Trade Commission (FTC) is investigating the $3.9 billion transaction between Amazon.com Inc. (NASDAQ: AMZN ) and 1Life Healthcare Inc. (NASDAQ: ONEM ). What Happened : According to a filing with the U.S. Securities and Exchange Commission , the FTC sent a notice to each company requesting "additional information and documentary materials" about the deal.

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Is Your Current Bad Debt Allowance Reasonable?

Machen McChesney

In today’s volatile market conditions, it’s important to review your accounts receivable ledger and consider writing off stale, uncollectible accounts. The methods that you’ve used in the past to evaluate bad debts may no longer make sense. Here’s how to keep your allowance up to date.

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Closing your business for good

Henry Horne

Shutting down your business can be overwhelming. There’s legal paperwork to complete, liabilities to pay and assets to distribute. If you don’t fulfill these requirements, you are risking potential disputes and unnecessary fees. These are the steps The IRS recommends you make when closing your business. Don’t miss: Educator expense deduction increased Final tax return … Keep Reading.

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Getting Out the Retail Vote: Targeting Reddit and New Social Tools in Proxy Solicitations

Harvard Corporate Governance

Posted by Steve Lipin and Keilley Banks, Gladstone Place Partners, on Saturday, September 3, 2022 Editor's Note: Steve Lipin is founder and CEO and Keilley Banks is an analyst at Gladstone Place Partners. This post is based on their Gladstone Place memorandum. The success of the get-out-the-vote campaigns for Nikola Corporation and Lucid Group shows that shareholder solicitation is not the same in the age of Robinhood and Reddit.

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EXCLUSIVE: Beringer Capital Acquires Majority Stake In Dig Insights, One Of Canada's Fastest Growing Companies

Benzinga

Beringer Capital announced the acquisition of a majority stake in one of Canada's fastest growing companies, Dig Insights. Here’s an inside look at what Dig Insights does, how it’s found success and the company's next stage of growth. What Happened: Beringer Capital acquired a majority stake in Dig Insights, a Toronto-based consumer insights and research company.

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Investing in—and with—Black consumers in financial services

Mckinsey and Company

Financial-services companies—specifically in banking and insurance—have an opportunity to address equity and gain commercial benefits by better serving Black consumers.

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