Thu.Aug 08, 2024

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Box adds crucial piece to its AI platform with Alphamoon acquisition

TechCrunch: M&A

On Thursday, Box filled in a missing piece on its AI platform when it bought automated metadata extracting startup, Alphamoon. © 2024 TechCrunch. All rights reserved. For personal use only.

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Gun-Jumping Isn’t the Stuff of Legends: DOJ Fines Hospitality Management Company $3.5 Million for Alleged Unlawful Pre-merger Coordination

JD Supra: Mergers

On August 5, 2024, the Department of Justice (“DOJ”) announced that it filed a civil complaint and proposed settlement with Legends Hospitality Parent Holdings LLC (“Legends”) for unlawful pre-merger coordination, commonly referred to as “gun jumping,” in violation of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”).

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SoundHound acquires Amelia AI for $80M after it raised $189M+

TechCrunch: M&A

SoundHound, an AI company that makes voice interface tech used by car companies, restaurants and tech firms, is doubling down on enterprise services by playing consolidator in a crowded market. The company said on Thursday that it is acquiring Amelia AI, which makes an AI agent that businesses can customize for internal or customer use. […] © 2024 TechCrunch.

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U.S. DOJ seeks rare $3.5 million “gun jumping” penalty against Legends Hospitality for pre-closing conduct in connection with its acquisition of ASM Global

JD Supra: Mergers

On August 5, 2024, the United States Department of Justice (“DOJ”) filed a rare[1] gun jumping[2] civil lawsuit and proposed settlement in the United States District Court for the Southern District of New York against Legends Hospitality Parent Holdings, LLC (“Legends”)—a global sports and entertainment venue services company partially owned by the New York Yankees and the Dallas Cowboys—in connection with Legends’ consummated $2.325 billion acquisition of ASM Global, Inc.

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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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Contemplating A Move? Nerves & Jitters Are Inevitable

H. Friedman Search

Contemplating A Move & Ocean Views This week’s blog is for those contemplating a move, but I’d like to make this a little more personal. I was planning on purchasing a piece of property on the water, making improvements, then putting it back on the market. That was my sole intention with my wife. Escrow is opened, loan approved with one catch: we had never seen the property in person until yesterday.

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What are “Facts Ascertainable” Outside of a Corporate Charter?

Deal Lawyers

Last week, I blogged about Vice Chancellor Laster’s opinion in Seavitt v. N-Able, (Del. Ch.; 7/24). One of the more interesting aspects of his opinion addressed the permissibility of language in N-Able’s certificate of incorporation making certain of its provisions “subject to” the terms of the stockholders’ agreement that was at issue in the case.

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Highlights from the CFIUS Annual Report

JD Supra: Mergers

The U.S. Department of the Treasury’s Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) has published its Annual Report to Congress for 2023 (the “Annual Report”), which provides important data on CFIUS’ activities, including notices, declarations, mitigation, and enforcement actions through 2023.

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Appraisal: Determining the Fair Value of a Start-up Isn’t Easy

Deal Lawyers

In Hyde Park v. FairXchange (July 30, 2024), the Chancery Court addressed an appraisal petition filed in connection with Coinbase’s acquisition of a start-up securities exchange. Despite a flawed sale process, Vice Chancellor Laster concluded that the deal price was the “least bad” option for valuing the target.

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Sporting Events Business Faces $3.5 Million in Antitrust Gun Jumping Penalties

JD Supra: Mergers

This week, the Antitrust Division of the U.S. Department of Justice (DOJ) reached one of its largest “gun jumping” settlements following allegations that sporting and entertainment events company, Legends Hospitality, illegally conducted business with its acquisition target, ASM Global Inc., prior to consummating their transaction.

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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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Cboe to launch options on Cboe Volatility Index futures

The TRADE

Cboe Global Markets is set to launch options on Cboe Volatility Index (VIX) futures, with an expected date to commence trading on 14 October, subject to regulatory review. Rob Hocking Cboe currently offers securities-based VIX Index options, allowing investors to manage or gain exposure to broad US equity market volatility. The new options on VIX futures will offer a similar utility but will be based on front-month VIX futures.

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Delaware Corporate Charters Cannot Incorporate Provisions of Third-Party Agreements by Reference

JD Supra: Mergers

In Seavitt v. N-able, Inc., the Delaware Court of Chancery held that certain governance rights granted to a corporation’s significant stockholders were statutorily invalid. This included a provision purporting to allow those stockholders to remove directors while holding less than a majority of the voting power and that the Delaware General Corporation Law (the DGCL) does not authorize a corporate charter to incorporate substantive provisions of a stockholders agreement by reference because.

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Why Google, Microsoft and Amazon Shy Away From Buying A.I. Start-Ups

The New York Times: Mergers, Acquisitions and Dive

Google, Microsoft and Amazon have made deals with A.I. start-ups for their technology and top employees, but have shied from owning the firms. Here’s why.

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M&A Insights and Outlooks Regarding Financing: A Conversation with Gary Grote of Bridgepoint Investment Banking

JD Supra: Mergers

Below is his conversation with Gary Grote, Managing Director at Bridgepoint Investment Banking, which focuses on capital raising and M&A advisory solutions. Gary focuses on deals in the healthcare, leveraged finance, financial services, and real estate industries. He has also worked on deals in the consumer and transportation sectors. In this Q&A, Gary discusses the financing landscape, how it impacts overall deal activity, and what may be on the horizon for M&A deals in the upcoming

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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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How to maximize the value of AI: Q&A with Cisco experts

Cisco: M&A

Ai4 2024, the biggest AI industry event in North America, will bring together thousands of technology innovators and executives in Las Vegas, and we sat down with four experts for a behind-the-scenes look at what they’ll cover in their sessions and how Cisco is driving AI forward.

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2024 Delaware Entity Statutory Amendments

JD Supra: Mergers

On August 1, 2024, the 2024 amendments to Delaware’s entity statutes went into effect. These include amendments to the Delaware General Corporation Law (the “DGCL”), the Delaware Limited Liability Company Act (the “LLC Act”), the Delaware Revised Uniform Limited Partnership Act (the “DRULPA”), the Delaware Revised Uniform Partnership Act (the “DRUPA” and together with the LLC Act and the DRULPA, the “Alt Entity Acts”).

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Private Equity Interest in Lower Middle Market Acquisitions Remains Strong

Global Banking & Finance

Regarding mergers and acquisitions (M&A), private equity continues to show robust interest in acquiring lower middle market (LMM) companies. While large M&A transaction volume fell in the first half of 2024, the allure of LMM acquisitions remains high.

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There’s Money in Bull Riding, and Big Law Is Getting Its Share

JD Supra: Mergers

Women’s soccer. Pickleball. Indoor golf. Even bull riding is a target for private equity money flowing into the sports business. Deals now span far beyond investing in the four major US professional leagues. That’s boosting Big Law’s M&A practices, including at law firms long known for representing the billionaire buyers and sellers of the country’s largest sports teams.

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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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NIS2 Compliance Unveiled: Operational Managers’ Roadmap to Actionable Security Measures

Cisco: M&A

The upcoming implementation of the EU NIS2 Directive requires a reassessment of operational and technical security goals. Learn more about how Cisco CX helps bridge that gap and aid you in navigating these new challenges.

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Business Combinations vs Asset Acquisitions.

JD Supra: Mergers

The classification of a transaction as either a business combination or an asset acquisition for financial reporting purposes has recently received greater attention. The differences between the two types of transactions can make a substantial difference in a company’s financial reporting, both in the various initial reporting requirements as well as the ongoing accounting requirements.

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Methods and Examples on How to Value a Company

Lake Country Advisors

Accurate and appropriate valuation is one of the pillars of maximizing the profits from a business sale. It’s integral to ensuring that the sale benefits all stakeholders and should be one of your priorities before advertising it to potential buyers. However, company valuation isn’t as simple as slapping a price on your business. It’s a delicate balancing act, as inaccurate valuations have polarizing consequences.

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CFIUS 2023 Annual Report Shows Decrease in Filings, Continued Higher Pace of Mitigation, and CFIUS Issuing Penalties for Noncompliance

JD Supra: Mergers

The Committee on Foreign Investment in the United States (“CFIUS”) recently published its Annual Report to Congress covering calendar year 2023 (the “Report”). The Report indicates a number of notable trends—some new and others a continuation of recent developments. CFIUS continues to clear the vast majority of transactions it reviews, blocks remain low, and efficiency has improved marginally.

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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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Optimizing AI Workloads with NVIDIA GPUs, Time Slicing, and Karpenter

Cisco: M&A

Explore how to deploy GPU-based workloads in an EKS cluster using the Nvidia Device Plugin, and maximize GPU efficiency and scalability in your Kubernetes environment.

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Healthcare & Life Sciences Private Equity Deal Tracker: Avista Acquires Trillium Health Care Products From New Water

JD Supra: Mergers

Avista Healthcare Partners has announced the acquisition of Trillium Health Care Products from New Water Capital.

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Samsung Recalls 1 Million Stoves That Started 250 Fires and Killed Pets

The New York Times: Mergers, Acquisitions and Dive

Thirty models of Samsung stoves were part of the recall over fires started by accidental contact.

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Rising Star in Private Wealth: The Journey of Marc Zaro

Global Banking & Finance

From the bustling streets of Chicago to the serene landscapes of Colorado, Marc Zaro’s journey is a testament to his unwavering dedication and diverse interests. Born and raised in Chicago, IL, Marc’s early life was marked by a passion for sports and leadership. He attended The Latin School of Chicago and later graduated from Mt.

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Navigating the Future: Generative AI, Application Analytics, and Data

Generative AI is upending the way product developers & end-users alike are interacting with data. Despite the potential of AI, many are left with questions about the future of product development: How will AI impact my business and contribute to its success? What can product managers and developers expect in the future with the widespread adoption of AI?

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Eli Lilly's second quarter eases Zepbound pricing fears and suggests it's making headway in weight loss race

CNBC: Investing

"Investors were nervous going in and this print would come as a huge relief," said Mohit Bansal, an analyst at Wells Fargo.

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How East Carolina University Uses LoRaWAN to Drive Regional Innovation

Cisco: M&A

One university is using reliable and easy-to-deploy LoRaWAN technology to spur innovation in rural America. We reveal how in our latest blog.

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Thursday's analyst calls: Disney gets a downgrade, semiconductor stock to pop 20%

CNBC: Investing

A media giant and a semiconductor name were among the stocks being talked about by analysts on Thursday.

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