Tue.Oct 17, 2023

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European Commission Signals Increased Scrutiny in Semiconductors, AI, Quantum Technologies, and Biotechnologies

JD Supra: Mergers

On October 3, 2023, the European Commission ("Commission") unveiled a list of 10 technology areas qualified as "critical" to the European Union's ("EU") economic security, out of which four (Semiconductors, AI, Quantum Technologies, and Biotechnologies) are considered as highly likely to present the most sensitive and immediate risks related to Europe's technology security and technology leakage.

Economics 304
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Patreon acquires livestream ticketed events startup Moment

TechCrunch: M&A

Patreon is acquiring Los Angeles-based livestream ticketed event platform Moment, the company announced on Tuesday. The financial terms of the deal were not disclosed. Patreon says the acquisition will give creators on its platform a new way to share their content through ticketed digital experiences. Launched in 2019, Moment was founded by Arjun Mehta, Nigel […] © 2023 TechCrunch.

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FTC Challenges Decade-Long Acquisition Strategy by a Private Equity Firm and Anesthesia Provider Group Over an Alleged Anticompetitive Scheme

JD Supra: Mergers

In an unprecedented move, the Federal Trade Commission (the “FTC”) sued U.S. Anesthesia Providers, Inc. (“USAP”) and its private equity sponsor, Welsh, Carson, Anderson & Stowe (“Welsh Carson”) alleging an anticompetitive scheme to consolidate anesthesiology practices in Texas through a series of systematic roll-ups; price setting arrangements; and a market allocation agreement to dominate the anesthesia market in Texas.

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Nvidia shares dip after U.S. announces new curbs on AI chip exports to China. How to play the stock

CNBC: Investing

Pros on CNBC discussed Nvidia. Shares slumped Tuesday following an announcement that the U.S. plans to curb the export of AI chips to China.

Shares 133
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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 Closer Look at the DOJ’s New M&A Safe Harbor Policy

JD Supra: Mergers

The Department of Justice announced for the first time a new safe harbor policy that will apply to mergers and acquisitions in cases where an acquiring company with an effective compliance program uncovers misconduct during the M&A process and discloses it in a timely manner.

M&A 196
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10-17-2023 Newsletter: How Much Money Should You Have Saved by 30?

OfficeHours

If you’re in your 20s, you have probably thought about saving, investing, or retirement in some way. Even though it may seem far off, it’s never too early to start seriously thinking about how much you are saving and how you can make your money work for you in an effective way that requires little time or effort on your end. At the same, it’s not too late if you are closer to 30 or older!

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Starboard Value's Jeff Smith unveils his newest ideas, including a push for News Corp spinoff

CNBC: Investing

Starboard Value's Jeff Smith on Tuesday presented his newest investment ideas across different industries.

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Unprecedented European Commission Order to Unwind an Acquisition

JD Supra: Mergers

On October 12, 2023, the European Commission (EC) ordered Illumina to unwind its already completed acquisition of the cancer-test provider GRAIL Inc. This is the first time that the EC has ordered a reversal of an acquisition. This decision opens a new chapter in the ongoing Illumina/GRAIL saga, which has been unfolding for well over two years.

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FTSE 100 climbs on pharma boost, UK CPI in focus

Global Banking & Finance

FTSE 100 climbs on pharma boost, UK CPI in focus By Khushi Singh and Bansari Mayur Kamdar (Reuters) -Britain’s FTSE 100 rose on Tuesday after latest figures showing a weakening labour market lifted investor sentiment ahead of highly awaited inflation data later this week. The blue-chip FTSE 100 gained 0.

Investors 126
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FTC Abandons Axon Challenge Following Supreme Court Loss

JD Supra: Mergers

We have previously reported on Axon Enterprise, Inc. v. Federal Trade Commission, 598 U.S. _, 143 S. Ct. 890 (2023), a case involving the question whether parties seeking to undertake a transaction subject to FTC review (in the case of Axon Enterprise, a merger with a competitor) and who seek to challenge the constitutionality of the FTC’s fundamental structure/processes are required to go through the regular FTC review process only then to seek review in a federal court of appeals, or.

Mergers 161
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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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Poison Pills: Del. Chancery Rejects Challenge to “Plain Vanilla” Rights Plan

Deal Lawyers

The Delaware courts haven’t been too kind to poison pills in recent years, but Vice Chancellor Laster’s bench ruling in Building Trades Pension Fund of Western Pennsylvania v. Desktop Metal, (Del. Ch.; 7/23) (transcript)), upheld a rights plan in the face of a derivative action seeking to enjoin its application.

Funds 124
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Court Applies Purchase Price Multiple to Determine Damages in Post-Acquisition Dispute

JD Supra: Mergers

On Oct. 13, 2023, a New York federal court held that sellers who breached representations made in an asset purchase agreement were liable to the buyer for damages calculated using an implied purchase price multiple from the time of the sale and an adjusted trailing 12-month EBITDA that took the sellers’ breaches into account.

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Amazon has room to go higher even after this year's 58% rally, Stifel says

CNBC: Investing

Shares of Amazon may have rallied 58% so far this year, but Stifel says there's more room to go.

Shares 116
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Episode 29: Let’s Talk Compliance: How Compliance Issues Affect Health Care Transactions

JD Supra: Mergers

In this episode, partner Jana Kolarik of Foley’s Health Care Practice Group interviews partner Roger Strode of Foley’s Health Care and Transactional Practice Groups and Michael Ramey, managing principal of PYA's Strategic and Transaction Solutions on how compliance issues impact the health care transaction process.

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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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This is how JPMorgan's massive income ETF can again pull ahead of the stock market

CNBC: Investing

The JPMorgan Equity Premium Income ETF (JEPI) has held up better than the S&P 500 over the past three months.

S&P 116
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DOJ Incentivizes Voluntary Self-Disclosure in New Safe Harbor Policy for Mergers and Acquisitions

JD Supra: Mergers

On 4 October 2023, Deputy Attorney General (DAG) Lisa Monaco announced a new US Department of Justice (DOJ) Safe Harbor Policy for voluntary self-disclosure made in connection with mergers and acquisitions (M&A).

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Morgan Stanley says buy this real estate name focused on sustainability after sell-off

CNBC: Investing

This renewable energy firm with 32% upside has demonstrated its ability to thrive in a higher-rate environment, according to Morgan Stanley.

IT 114
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Conversion of shares, variation of class rights and interpretation of articles of association the Court of Appeal decision in the DnaNudge case

JD Supra: Mergers

The Court of Appeal has upheld a High Court decision regarding the interplay between potentially conflicting provisions in a company’s articles of association. The provisions in question related to the conversion of shares and variation of class rights. The case has caused particular interest as the provisions were based on the previous version of the widely used British Private Equity & Venture Capital Association, BVCA, model documents.

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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 Keith Meister of Corvex sees lines blurring between private equity and activist investors

CNBC: Investing

Meister said in an interview that "the lines are blurring" between the two groups and predicted the future could see a more streamlined approach.

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The New KSA Civil Code: Forming a Contract

JD Supra: Mergers

In our initial article in this series, we introduced the new Civil Code of the Kingdom of Saudi Arabia (referred to as the “KSA Civil Code”). This significant legislative milestone codifies the law governing the forming of a contract and related contractual principles within the Kingdom.

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Here are Tuesday's biggest analyst calls: Apple, Tesla, Dollar Tree, Amazon, Alphabet, Toll Brothers and more

CNBC: Investing

Here are Tuesday's biggest calls on Wall Street.

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M&A Looking Ahead Guide 2024: Trends and Predictions

JD Supra: Mergers

The Turbulent Deal Landscape Continues in 2023, but the Future Appears Brighter - As predicted in last year’s Looking Ahead Guide, 2023 has proven to be a tough year for dealmakers. Through the first half of 2023, the themes of 2022 (reduced deal volume and more competition for private equity deals) continued to cause the deal landscape to be exceedingly tough.

M&A 149
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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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Goldman says it's time to buy this dollar store chain that has fallen 20% this year

CNBC: Investing

Multiyear investments into improving its store experience are finally paying off for a discount retailer whose stock offers 24% upside, Goldman Sachs says.

IT 109
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[Video] Fierce Competition Podcast | A Look at the Evolving Global Deal Landscape

JD Supra: Mergers

Skadden is proud to present our newest podcast, Fierce Competition. Hosted by our global antitrust/competition team, the podcast explores antitrust policy and enforcement around the world, including the latest developments and their implications in an increasingly complex legal and regulatory landscape.

Mergers 143
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A widely followed Wall Street survey shows investors turning bearish again, raising cash levels

CNBC: Investing

Professional investors are turning more bearish again amid the current macro backdrop, according to this closely watched Wall Street survey.

Investors 109
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[Virtual Event] Looking Ahead to 2024: Trends in M&A and Private Equity - October 24th, 10:00 am - 10:30 am PT

JD Supra: Mergers

Join us for a lively 30-minute discussion where our head of transactional insurance and the head of our private equity practice discuss top trends in M&A and PE. We'll cover: - The rollercoaster of RWI pricing - The RWI claims spike and its implications - Insurance due diligence and the rising importance of deal models - How an insurance due diligence mistake can significantly impact EBITDA - The growing number of different ways brokers get compensated and what you should be asking your.

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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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JPMorgan sees 20% upside for this information security firm with 'best-in-class' revenue growth

CNBC: Investing

JPMorgan foresees an attractive setup ahead for this information security stock, which has underperformed due to overblown geopolitical fears.

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Delaware Chancery Court declines to grant specific performance in a broken de-spac deal due to inherent limitations of the remedy

JD Supra: Mergers

Decision underscores the practical realities required for a court to enforce a specific performance clause, and the importance of having “clean hands” for parties to be eligible for this specific remedy.

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Ride the weight loss drug wave with this gym stock set to nearly double, says Evercore ISI

CNBC: Investing

Rising usage of GLP-1 drugs could drive new members to this gym chain, according to Evercore ISI.

Stock 107
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Park Place Technologies Acquires UK IT Solutions Firm Xuper

Global Newswire by Notified: M&A

Purchase Strengthens Park Place EMEA Presence and TPM Reach. Purchase Strengthens Park Place EMEA Presence and TPM Reach.

IT 98
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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?