Tue.Jan 02, 2024

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What 2023 Brought to Compliance

JD Supra: Mergers

2023 was a very significant year for every compliance practitioner and compliance program. While there was a paucity of corporate enforcement actions under the Foreign Corrupt Practices Act (FCPA), there were significant announcements from the Department of Justice (DOJ) which directly impact compliance professionals and compliance programs.

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Activism: Del. Chancery Scrutinizes Advance Notice Bylaw Amendments

Deal Lawyers

Following implementation of the SEC’s universal proxy rules, disputes about activists’ compliance with advance notice bylaws have become one of the key battlegrounds in proxy contests. Last week, in Kellner v. AIM Immunotech, (Del. Ch.; 12/23), the Chancery Court addressed a challenge to amendments to a company’s advance notice bylaw adopted during a proxy contest.

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The Corporate Transparency Act: Ready, Set, Go!

JD Supra: Mergers

It’s official: the Corporate Transparency Act (the “Act”) has gone into effect January 1, 2024. On December 21, 2023, the Financial Crimes Enforcement Network (“FinCEN”) issued its second final rule establishing the framework for access to and protection of beneficial ownership information (“BOI”) pursuant to the CTA. During the final day of 2023, it was clear that FinCEN was preparing itself to begin the BOI reporting as of January 1, 2024.

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'Big Short' investor Steve Eisman worries 'everybody is coming into the year feeling too good,' sees room for disappointment

CNBC: Investing

Steve Eisman of Neuberger Berman sees little tolerance for things going wrong. He warns the Federal Reserve will likely cut rates fewer times than expected.

Investors 145
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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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A Brief Look at Direct SPAC Cases

JD Supra: Mergers

Special purpose acquisition companies (“SPACs”) have been in the litigation spotlight recently. As SPAC disputes play out in courts nationwide, one especially interesting field of play is in the Delaware Chancery courts where SPAC shareholders are pursuing breach of fiduciary duty cases against SPAC sponsors, officers, and directors. How did this litigation develop, and where does it stand now?

More Trending

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Corporate Transparency Act Applied to M&A

JD Supra: Mergers

The Corporate Transparency Act (CTA), designed to combat the use of shell companies for illicit purposes and increase ownership transparency in corporate structures, takes effect on January 1, 2024. As discussed in more detail in The Corporate Transparency Act: What To Know and Expect Starting January 1, 2024, the CTA will require an estimated 30 million entities not specifically exempted under the CTA—known as Reporting Companies —to identify and report to the U.S.

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European shares kick off 2024 on dour note; tech stocks lead declines

Global Banking & Finance

European shares kick off 2024 on dour note; tech stocks lead declines By Ankika Biswas and Shashwat Chauhan (Reuters) -Europe’s benchmark stock index capped off the first trading day of the New Year lower with technology stocks amongst top decliners on Tuesday, as traders bid adieu to an upbeat 2023 that was fuelled by expectations […]

Stock 102
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European Competition Law Newsletter – January 2024

JD Supra: Mergers

UK CMA Provides First Informal Guidance on Environmental Sustainability Agreement - On 14 December 2023, the UK Competition and Markets Authority (CMA) published its first informal guidance on the application of UK competition law to an environmental sustainability agreement.

IT 161
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For investors, 2024 is year of transition to a new economic order

Global Banking & Finance

For investors, 2024 is year of transition to a new economic order By Paritosh Bansal (Reuters) – Investors appear convinced that major Western central banks are close to a much awaited pivot, from raising interest rates to cutting them.

Economics 102
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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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Chancery Finds Defendants Liable for Fraud Based on the Failure to Disclose Internal Billing Practices

JD Supra: Mergers

NetApp Inc. v. Cinelli, C.A. No. 2020-1000-LWW (Del. Ch. Aug. 2, 2023) - This decision arose out of the sale of the company Cloud Jumper to NetApp, Inc. The seller’s management had been recording internal software use as revenue in its unaudited financial statements but never disclosed this practice to the buyer in the sale’s process. In this post-trial opinion, in addition to breaches of contract, the Court of Chancery held that the defendants were liable for fraud because they failed to.

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‘It was a miracle’: How passengers escaped a JAL fireball in Tokyo

Global Banking & Finance

‘It was a miracle’: How passengers escaped a JAL fireball in Tokyo By Daniel Leussink and Yoshifumi Takemoto HANEDA AIRPORT, Tokyo, Japan (Reuters) – The flight between the northern city of Sapporo and Tokyo’s Haneda airport is Japan’s busiest air route, and one of the most frequent services anywhere in the world.

IT 101
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Chancery Upholds Claims Against LLC Officers and Others Arising from Squeeze-Out of Minority Unitholders

JD Supra: Mergers

Cygnus Opportunity Fund, LLC v. Washington Prime Group, LLC, C.A. No. 2022-0718-JTL (Del. Ch. Aug. 9, 2023) - An Indiana corporation reorganized via bankruptcy into a Delaware LLC, and a senior note holder negotiated for nearly 90 percent of the equity. The LLC agreement required that at least one member of the five-member board of managers be independent.

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Oil prices stable as economic headwinds offset Red Sea disruptions

Global Banking & Finance

Oil prices stable as economic headwinds offset Red Sea disruptions By Georgina McCartney HOUSTON (Reuters) -Oil prices were little changed in the first session of the new year, as the impact of economic headwinds unravelled gains from potential disruptions to supply due to tensions in the Red Sea.

Economics 101
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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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Hedge fund investor Dan Niles unveils his top picks for 2024, including Amazon and Meta

CNBC: Investing

The founder and senior portfolio manager of the Satori Fund selected two names from the so-called Magnificent Seven as his favored shares for the new year.

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Japan quake toll rises to 55 with many trapped under possibly thousands of homes

Global Banking & Finance

Japan quake toll rises to 55 with many trapped under possibly thousands of homes By Kiyoshi Takenaka, Sakura Murakami and Kantaro Komiya WAJIMA, Japan (Reuters) – A powerful earthquake that hit Japan on New Year’s Day killed at least 55 people, with rescue teams struggling in freezing temperatures on Tuesday to reach coastal areas where […]

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Ara Partners acquires USD Clean Fuels

PE Hub

As part of the transaction, USDCF has also acquired the West Colton Rail Terminal, a biofuels terminal in California. The post Ara Partners acquires USD Clean Fuels appeared first on PE Hub.

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Global stocks retreat, Treasury yields rise as rate cut optimism fades

Global Banking & Finance

Global stocks retreat, Treasury yields rise as rate cut optimism fades By Herbert Lash and Elizabeth Howcroft NEW YORK/LONDON (Reuters) -Stocks on Wall Street and in Europe fell on Tuesday, along with prices for U.S. and other government debt, as market optimism that the Federal Reserve will cut interest rates sharply this year faded.

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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 profit from the bearish start to 2024 with a bet against the small-cap benchmark

CNBC: Investing

The markets saw an almost vertical rally in the last two months of December and this has propelled all major indices into overbought territory.

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Platinum Equity to acquire organic milk producer Horizon Organic and yogurt brand Wallaby

PE Hub

Danone is a global food and beverage company. The post Platinum Equity to acquire organic milk producer Horizon Organic and yogurt brand Wallaby appeared first on PE Hub.

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Bitcoin could soon test $50,000 after its new year rally, according to chart analysts

CNBC: Investing

Bitcoin popped to start the new year as eager investors drove the price to nearly $46,000 on Tuesday.

IT 120
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Advent-backed Imperial Dade acquires janitorial and sanitation products provider Insight Distributing

PE Hub

Imperial Dade is a distributor of foodservice packaging supplies, industrial products, and janitorial supplies. The post Advent-backed Imperial Dade acquires janitorial and sanitation products provider Insight Distributing appeared first on PE Hub.

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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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Here are Bank of America's top long and short ideas for the first quarter

CNBC: Investing

As the new year kicks off, Bank of America is laying out some of its top long and short ideas for the first quarter.

Bank 104
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The power of lending relationships in syndicated loans

Global Banking & Finance

The power of lending relationships in syndicated loans Borrowing from relationship banks could save millions of dollars for borrowers in the primary market of syndicated loans, says Yafei Zhang, Lecturer in Finance at Alliance Manchester Business School. Syndicated loans are among the most important external financing sources for firms all over the world.

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Arcline-backed DwyerOmega acquires measurement instruments provider Mijoco

PE Hub

The deal also includes the acquisition of Weiss Instruments, which Miljoco acquired in 2022. The post Arcline-backed DwyerOmega acquires measurement instruments provider Mijoco appeared first on PE Hub.

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This long-time underperforming group can be a ‘catch up’ trade in 2024, Carter Worth says

CNBC: Investing

Gold mining stocks underperformed the broader stock market and the price of gold in 2023.

Trading 108
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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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Avista Capital appoints Duchin as strategic exec

PE Hub

Most recently, Duchin served in various senior executive roles at Bayer Consumer Care. The post Avista Capital appoints Duchin as strategic exec appeared first on PE Hub.

Capital 79
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Magnificent 7 member gets downgraded to start 2024 as Barclays lowers rating on Apple

CNBC: Investing

The bank lowered its rating on the tech giant to underweight from equal weight.

Bank 112
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Gemspring-backed Amplix snaps up tech advisor Go2 Communications

PE Hub

Based in Norwood, Massachusetts, Amplix is a provider of strategic technology advisory, consulting, implementation, and managed services. The post Gemspring-backed Amplix snaps up tech advisor Go2 Communications appeared first on PE Hub.