Wed.May 29, 2024

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Bank of England Highlights Concerns With Private Equity Financing

JD Supra: Mergers

The Bank of England’s Financial Policy Committee (FPC) and the Prudential Regulation Authority (PRA) recently delivered a series of speeches1 raising their concerns about the evolution of private equity financing and the banking sector’s exposure to the private equity industry. On 23 April, the PRA released a Dear Chief Risk Officer letter outlining the findings of the PRA’s thematic review into private equity financing activities (the CRO Letter and, together with the FPC Speech and the PRA.

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Harness snags Split.io as it goes all in on feature flags and experiments

TechCrunch: M&A

DevOps startup Harness has shown itself to be an ambitious company, building a broad platform of services while also dabbling in M&A when it made sense to fill in functionality. On Wednesday, the company announced it was ready for a much bigger M&A bite, acquiring feature flag startup Split.io for an undisclosed amount of money. […] © 2024 TechCrunch.

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Will the FTC's Non-Compete Proposal Pick Investors' Pockets?

JD Supra: Mergers

My colleagues published an important piece recently about the potential impact that the FTC's proposed non-compete ban might have on M&A transactions and private equity investments. The upshot of this piece, which should be read in conjunction with our prior article describing the rule in detail, explores what business needs to know about the rule's exceptions for “bona fide” sales of business.

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Deal Lawyers Download Podcast: SRS Acquiom Annual M&A Deal Terms Study

Deal Lawyers

In our latest Deal Lawyers Download Podcast, SRS Acquiom’s Kip Wallen joined me to discuss his firm’s 2024 M&A Deal Terms Study.

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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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Distressed US M&A volumes are on the rise

JD Supra: Mergers

The US appears likely to enter a default cycle in the near future, according to senior fund managers and economists. A recent bout of M&A transactions involving chapter 11 cases point in the same direction. Taking deals involving bankruptcy cases as a proxy for distressed M&A, 16 such transactions were announced in the US in Q1, up 14.3 percent year on year, according to Dealogic.

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Corporates and Dealmakers Must Prepare For Increased UK Class Action Claims

JD Supra: Mergers

While class actions are well established in the US, they are increasingly common in the UK, driven by market volatility, availability of litigation funding, legal reforms, regulatory settlements, and growing scrutiny of companies by consumers, investors, and activists.

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From Trend to Mainstay: The Unstoppable Force of Managed Services

Cisco: M&A

Get ready to go beyond and explore new paths to success with partner managed-ready solutions designed to enable greater efficiency, operational scale, innovation, and open new market opportunities!

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Strong start for high yield bond markets in US and Europe

JD Supra: Mergers

The high yield bond markets in the US and Europe sprang back to life in Q1 2024, with issuance showing strong gains after a slow 2023. US high yield bond issuance for Q1 2024 came in at US$68.6 billion, almost doubling the US$35.2 billion raised a year ago in Q1 2023, and more than double the issuance of the US$33.4 billion recorded in Q4 2023.

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Minor system issue hits DTCC’s night cycle processing on first day of T+1; affirmation rates top 90%

The TRADE

DTCC experienced system issues within its DTC and NSCC night cycle processing on the first day of T+1, Global Custodian has learnt. The issue was described by sources as having minor impact, and is in line with ‘expected teething issues’ anticipated by the US market infrastructure. DTCC has issued a notice to market participants that a system issue had occurred, but according to sources at a number of custodians, transactions were still processed in accordance with the DTCC deadlines for settlem

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Provide Real Value in Your Applications with Data and Analytics

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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Essor des F&A par transformation en société fermée

JD Supra: Mergers

Sur le marché canadien, les opérations de transformation en société fermée surpassent depuis quelque temps les premiers appels publics à l’épargne. En 2023 seulement, la capitalisation boursière des sociétés ouvertes « transformées en sociétés fermées » a représenté globalement environ 12,5 G$ CA. Une partie importante de ces opérations, particulièrement celles qui ont été menées par des promoteurs de capital-investissement, comprenaient une composante de participation « par roulement ».

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These dividend stocks top Thornburg's list — and they are trading at a discount

CNBC: Investing

Investors searching for income can find some bargains in dividend stocks, according to Ben Kirby, co-head of investments at Thornburg Investment Management.

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“Roll Up” or Roll On Out: Court Dismisses FTC Lawsuit Against Private Equity Firm Welsh Carson Under Section 13(b)

JD Supra: Mergers

In a decision with significant implications for private equity firms and minority investors, on May 13, 2024, the US District Court for the Southern District of Texas dismissed the Federal Trade Commission’s (FTC) suit against a fund of private equity firm Welsh, Carson, Anderson & Stowe (Welsh Carson) that is a minority investor in US Anesthesia Partners, Inc.

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Simplify 5G Fixed Wireless Access and Scale Secure Connectivity to More Places

Cisco: M&A

Cisco introduces its first 5G Standalone (SA) fixed wireless access devices, the Meraki MG52 and MG52E. Powered by the Cisco secure networking platform, these devices help businesses scale robust, always-on, 5G-connected experiences to more people and places — without compromising scale and performance.

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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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Taking AIM at the Mithaq Decision: A Critique

JD Supra: Mergers

In a perplexing decision, Mithaq Canada Inc (Re), the Ontario Capital Markets Tribunal upheld a defensive private placement by a target corporation completed in the face of a hostile bid, effectively denying shareholders the opportunity to accept a premium offer. At the time of the bid the target company, Aimia Inc. (Aimia), had been locked in a bitter battle for control with its largest shareholder, Mithaq Capital S.P.C.

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The data center boom is leading to a power crunch. These stocks are ahead of the curve, TD Cowen analysts say

CNBC: Investing

Following a decade of flat load growth, artificial intelligence data centers and electric vehicles are driving an acceleration in electricity demand.

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District Court Dismisses Welsh Carson While Allowing the FTC to Proceed Against U.S. Anesthesia Partners

JD Supra: Mergers

In a prior post, we discussed the Federal Trade Commission’s (“FTC”) lawsuit against U.S. Anesthesia Partners (“USAP”) and the private equity firm Welsh, Carson, Anderson & Stowe (“Welsh Carson”). Most recently, the U.S. District Court for the District of Texas denied USAP’s motion to dismiss the case while at the same time denying the FTC’s request for a permanent injunction against Welsh Carson and granting Welsh Carson’s dismissal motion.

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These are the biggest shorts on Wall Street today, including new stock GameStop

CNBC: Investing

The meme stock rally may have lost steam, but some familiar names from the frenzy are once again among the most shorted stocks in the market.

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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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M&A Take-Privates on a Roll

JD Supra: Mergers

The Canadian market has seen take-private transactions outpace initial public offerings recently, with public companies having an aggregate market capitalization of approximately C$12.5 billion “going private” in 2023 alone. A significant portion of these take-private transactions, particularly those led by private equity sponsors, have included an equity rollover component.

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ConocoPhillips to Acquire Marathon Oil in $22.5 Billion Deal

The New York Times: Mergers, Acquisitions and Dive

The takeover is the latest in a wave of consolidation sweeping the oil industry, with the biggest players rushing to acquire smaller rivals.

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New York Court Of Appeals Clarifies Application Of Internal Affairs Doctrine But Reverses Dismissal Of Fiduciary Duty Breach Claims Under Scottish Law

JD Supra: Mergers

On May 23, 2024, the New York Court of Appeals reversed the dismissal of breach of fiduciary duty claims brought by former shareholders of a fantasy sports company (the “Company”) against its directors and other defendants following a merger. Eccles v. Shamrock Capital Advisors, LLC, No. 49 (N.Y. May 23, 2024).

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UBS says this battery systems company is an 'under-appreciated beneficiary' of the AI-driven data center boom

CNBC: Investing

This battery systems stock could grow alongside the rise of AI data center demand, the firm said.

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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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Insights Into the M&A Process

JD Supra: Mergers

Mergers and acquisitions (M&A) are pivotal moments in a company’s lifecycle, offering pathways to strategic growth and market expansion. Success is dependent on managing M&A activities effectively, focusing on growth objectives and the critical role of legal due diligence.

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It may be time to take some profits in Nvidia, chart analysts say

CNBC: Investing

More investors worry Nvidia is overvalued after its latest leg up post-earnings results.

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UK financial services sector on track for wave of consolidation

JD Supra: Mergers

Dealmaking in the global financial services sector posted an uptick in activity during the first quarter of the year. This rebound is especially significant given the market headwinds the sector has faced over the past few years. Persistently high interest rates, macroeconomic volatility and tough financing conditions saw 2023’s annual deal value sink to its lowest figure in six years.

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Berkshire Hathaway gets an upgrade to buy, citing cheap valuation

CNBC: Investing

Berkshire Hathaway looks like an attractive investment, according to Argus.

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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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UK Revamps Merger Control, Expanding CMA’s Jurisdiction and Making Procedures More Flexible

JD Supra: Mergers

The United Kingdom’s Digital Markets, Competition and Consumers Act (the Act) received royal assent on 24 May 2024. The Act introduces wide-ranging amendments to the UK competition and consumer law regimes that expand the powers of the UK’s competition authority — the Competition and Markets Authority (CMA) — and significantly alter the merger control and antitrust investigation processes.

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Wednesday's analyst calls: United Airlines gets an upgrade, Apple a top pick

CNBC: Investing

United Airlines and Apple were among the stocks being talked about by analysts on Wednesday.

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DOJ Seeks an Encore Showdown with Live Nation and Ticketmaster

JD Supra: Mergers

DOJ's Most Recent Monopolization Case Reflects Several Agency Priorities Including Expansion of Section 2 to Respond to Headline-Grabbing Popular Demands.

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