Tue.Sep 10, 2024

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SBA Proposed Rule Significantly Changes Effect of Size/Status Recertifications and Alters M&A for Government Contractors

JD Supra: Mergers

The Small Business Administration (SBA) recently issued a proposed rule (Rule) that would significantly change a government contractor’s obligations to recertify its size and socioeconomic status under set-aside contracts and the effect of such recertifications. The Rule impacts eligibility for set-aside contracts, significantly alters the landscape for mergers and acquisitions (M&A) in the government contracts industry, and could have other unintended downstream consequences.

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Just Miles from Kroger’s Court Battle, a Food Desert Shows What’s at Stake

The New York Times: Mergers, Acquisitions and Dive

Federal regulators are trying to block Kroger’s merger with Albertsons. In a Portland suburb, residents already know what deteriorating access to fresh food looks like.

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[Audio] Seeing into the Future: Moving Beyond AI to Visual Intelligence with Oculi CEO Charbel Rizk

JD Supra: Mergers

What if the key to unlocking true autonomy and advancing artificial intelligence lies in the development of more efficient and intelligent visual sensors? On today's episode of Founder Shares, Charbel Rizk, the visionary founder and CEO of Oculi, discusses the need for a shift towards advanced visual sensors over traditional motion sensors, and shares their potential to revolutionize automation and AI capabilities.

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Del. Chancery Dismisses Bandera Master Fund Case With a Bang, Not a Whimper

Deal Lawyers

In December 2022, I blogged about the Delaware Supreme Court’s decision in Boardwalk Pipeline Partners v. Bandera Master Fund, (Del. 12/22).

Funds 100
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15 Modern Use Cases for Enterprise Business Intelligence

Large enterprises face unique challenges in optimizing their Business Intelligence (BI) output due to the sheer scale and complexity of their operations. Unlike smaller organizations, where basic BI features and simple dashboards might suffice, enterprises must manage vast amounts of data from diverse sources. What are the top modern BI use cases for enterprise businesses to help you get a leg up on the competition?

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Antitrust and Competition Life Sciences Quarterly Update Q2 2024

JD Supra: Mergers

To date, 2024 has not yet seen the type of mega-merger (Pfizer/Seagen) or level of agency enforcement (Sanofi/Maze or Amgen/Horizon) as 2023. But two notable investigations — one still active — show the Federal Trade Commission (FTC) is continuing to closely examine life sciences transactions for both horizontal and vertical concerns.

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What's Market: Target Legal Opinions

JD Supra: Mergers

In all types of business transactions, the parties rely heavily on their own counsel to negotiate business and legal points, and to draft the transaction documentation to reflect the agreed-upon terms. In addition to relying on due diligence on the representations and warranties contained in the transaction document, one party to a business transaction may require a written legal opinion from counsel to another party as a condition to the closing of the transaction.

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GB News investor Paul Marshall seals £100m deal to buy Spectator

The Guardian: Mergers & Acquisitions

Hedge fund tycoon is also in talks with RedBird IMI to acquire Daily and Sunday Telegraph Business live – latest updates Sir Paul Marshall has sealed a £100m takeover of the Spectator magazine as the backer of GB News completes the next stage of his ambition to control a significant swathe of the UK’s conservative and rightwing media outlets. Marshall, the hedge fund tycoon who already owns the UnHerd website, is also in the running to buy The Daily and Sunday Telegraph with the second round of

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What's Market: Use of Knowledge Qualifiers

JD Supra: Mergers

In merger and acquisition (M&A) transactions, the definitive purchase agreement typically contains representations and warranties made by the seller with respect to the target company. The scope and detail of these representations and warranties are often heavily negotiated and tailored to reflect both the nature of the target and its business, financial condition and operations, but also the relative negotiating strength of the buyer and seller.

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PGA Tour Meets With Saudi Fund in New York to Discuss LIV Golf Deal

The New York Times: Mergers, Acquisitions and Dive

More than a year has passed since the tour agreed to a deal with LIV Golf, but there is some hope an in-person gathering in New York could create momentum.

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Top 3 Banking Secrets to Stay Relevant with Gen Z Consumers

Speaker: Brian Muse-McKenney, Chief Revenue Officer & Matt Simester, Cards and Payments Expert

In today’s world of social media, dating apps, and remote work, businesses risk becoming irrelevant (or getting "ghosted") if they fail to meet the evolving needs of Gen Z consumers. Credit cards with flexible payment options, especially for young adults with little-to-no credit history, are a particularly important and valuable solution for this generation.

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Transferring Federal Government “Other Transaction” Agreements

JD Supra: Mergers

As we discussed in a prior Alert, parties buying or selling a business must consider how to properly transfer the seller’s contracts to the buyer. Part 42 of the Federal Acquisition Regulation (“FAR”) addresses the contract administration and audit services for federal Government contracts.

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Wall Street Apple analysts disappointed by new iPhone's underwhelming AI features

CNBC: Investing

Apple's high stakes September launch event left some Wall Street analysts unsettled.

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Back to School: Antitrust Reminders for Due Diligence and Pre-Closing Conduct

JD Supra: Mergers

Information exchanges and integration planning are a vital component of the due diligence process when companies are considering acquisitions, mergers, joint ventures, or any other business decision involving another party. However, when a prospective opportunity involves companies who compete with one another or may become competitors in the near future, additional care must be taken to minimize the antitrust risks during each phase of the pre-close process including diligence and integration.

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SkyView Innovations Acquires OMM

Global Newswire by Notified: M&A

Experiential firm with thriving creative digital agency, sport technology and large-format print divisions is first of many acquisitions in strategy to create a global leader in spatial computing, immersive experiences and artificial intelligence Experiential firm with thriving creative digital agency, sport technology and large-format print divisions is first of many acquisitions in strategy to create a global leader in spatial computing, immersive experiences and artificial intelligence

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Enhance Customer Value: Unleash Your Data’s Potential

The complexity of financial data, the need for real-time insight, and the demand for user-friendly visualizations can seem daunting when it comes to analytics - but there is an easier way. With Logi Symphony, we aim to turn these challenges into opportunities. Our platform empowers you to seamlessly integrate advanced data analytics, generative AI, data visualization, and pixel-perfect reporting into your applications, transforming raw data into actionable insights.

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What's Market: Waiver of Jury Trials

JD Supra: Mergers

By including a jury trial waiver in an M&A purchase agreement, the parties agree to waive their rights to a jury trial in any dispute under the M&A agreement. Jury trial waivers may also extend to disputes under all of the documents related to the M&A transaction (as opposed to the M&A agreement only) or to disputes with respect to the M&A transaction more generally.

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The Spectator Magazine Sold to Paul Marshall, a U.K. Hedge Fund Tycoon

The New York Times: Mergers, Acquisitions and Dive

Paul Marshall, a multimillionaire founder and investor in upstart conservative media outlets, has bought the right-wing British magazine in a deal worth about $131 million.

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“Boomerang” Indemnification/Advancement-Gilbert v. Unisys

JD Supra: Mergers

Under Delaware law, executives (and former executives) may be entitled to indemnification and advancement from their employer for claims arising in connection with their employment. These rights to indemnification/advancement are generally contractual; they typically arise under the company’s governing documents (e.g., charter, by-laws, or partnership or LLC agreements) or indemnification agreements.

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Spectrum Markets enhances offering through sino partnership

The TRADE

Spectrum Markets and German high-end brokerage sino AG have announced a new partnership to enhance their respective trading offerings. Nicky Maan Through the collaboration, Spectrum Markets is expanding its client reach across Europe to include high-end retail traders while sino clients will benefit from increased trading hours – 24/5 capabilities – for the first time.

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Predictions You Can Rely On: How Data Drives Successful Financial Forecasting

Speaker: Robbie Bhathal, Founder & CEO, and Matthew Acalin, Head of Credit Intelligence

In today's volatile financial environment, how confident are you in your company’s financial forecasting? To get the most accurate cash predictions that will lead to long-term financial survival, real-time data is critical. Innovative cash management strategies can lead to better credit opportunities, more sustainable growth, and long-term financial prosperity.

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Healthcare & Life Sciences Private Equity Deal Tracker: Amulet Acquires Genetics & IVF Institute

JD Supra: Mergers

Amulet Capital Partners has announced the acquisition of the Genetics & IVF Institute (GIVF). GIVF, founded in 1984 and based in Fairfax, Virginia, is a provider of reproductive tissue banking and related reproductive technology services.

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Digital Vega and CME Group launch new FX options block trading service

The TRADE

FX options e-trading platform Digital Vega and CME Group have launched a new FX options block trading service. The new offering will allow buy-side participants to use existing OTC workflows on Digital Vega’s multi-bank platform Medusa to request quotes and trade blocks of FX options on futures. “Enabling customers to negotiate and trade risk-transfer blocks via Digital Vega’s Medusa platform is an exciting development in the electronification of the FX options market,” said Chris Povey, exec

Trading 63
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International Comparative Legal Guide – Private Equity 2024

JD Supra: Mergers

For the sixth consecutive year, Dechert is the contributing editor of the International Comparative Legal Guide - Private Equity. The guide, now in its tenth edition, is one of the most comprehensive comparative guides to private equity (PE), serving as a valuable reference source for in-house counsel and international legal practitioners, covering common issues in PE laws and regulations – including structuring matters, governance matters, and transaction terms in 19 jurisdictions.

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FINBOURNE Technology increases funding total to over £100 million

The TRADE

FINBOURNE Technology has completed a secondary funding round which follows a Series B funding round of £55 million in June this year. Thomas McHugh The secondary funding round brings the total to over £100 million, making it one of the largest series B raises in the UK. The development has enabled six investors to follow-on from their original investment and four additional investors to join the group of firms with a stake in FINBOURNE.

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Deliver Mission Critical Insights in Real Time with Data & Analytics

In the fast-moving manufacturing sector, delivering mission-critical data insights to empower your end users or customers can be a challenge. Traditional BI tools can be cumbersome and difficult to integrate - but it doesn't have to be this way. Logi Symphony offers a powerful and user-friendly solution, allowing you to seamlessly embed self-service analytics, generative AI, data visualization, and pixel-perfect reporting directly into your applications.

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Wednesday's big stock stories: What’s likely to move the market in the next trading session

CNBC: Investing

The S&P 500 and the Nasdaq Composite posted back-to-back gains on Tuesday. Here's what CNBC TV is watching going into Wednesday.

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Buy-side increasingly utilising TCA outside equities

The TRADE

While Transaction Cost Analysis (TCA) remains most widely used in equities due to the availability of necessary data and standardisation being most mature in this asset class, asset managers are now increasingly utilising the strategy outside this sphere. Ross Lancaster According to a recent Acuiti report, fixed income and equity derivatives specifically are asset classes where surveyed asset managers confirmed they commonly apply TCA.

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Here are Tuesday's biggest analyst calls: Apple, Costco, Nvidia, Palantir, Broadcom, Tesla, Amazon, Meta & more

CNBC: Investing

Here are Tuesday's biggest calls on Wall Street.

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Advantage Futures migrates to ION’s XTP

The TRADE

High volume futures commission merchant (FCM), Advantage Futures, has become the latest to migrate its legacy back-office solution to ION’s cleared derivatives trade processing platform, XTP. Francesco Margini The move comes as the FCM sought a solution which could provide extensive automation across clearing and settlement workflows. Joe Guinan, chair and chief executive of Advantage Futures, said: “In the two decades since founding Advantage Futures, we’ve expanded from a small boutique to

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Using Data & Analytics for Improving Healthcare Innovation and Outcomes

In the rapidly evolving healthcare industry, delivering data insights to end users or customers can be a significant challenge for product managers, product owners, and application team developers. The complexity of healthcare data, the need for real-time analytics, and the demand for user-friendly interfaces can often seem overwhelming. But with Logi Symphony, these challenges become opportunities.

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The utilities sector is up 20% in 2024. Analysts love these dividend-paying names

CNBC: Investing

Utilities are outpacing technology in 2024, benefiting from their role in the expansion of artificial intelligence and a growing need for electrical power.

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Chinese bank was told to wire authorities $11mn after founder disappeared

Financial Times - Banking

Opaque payment relating to China Renaissance chair Bao Fan leaves auditors wondering how to account for it

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It's not time to shift into defensive stocks just yet, New York Life's Goodwin says

CNBC: Investing

Growth scares keep popping up for investors, but that doesn't mean they need to shift away from high-quality stocks, according to a market strategist.

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