Tue.Mar 19, 2024

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Top Ten Regulatory and Litigation Risks for Private Funds in 2024

JD Supra: Mergers

To understand the litigation and regulatory risks that are coming in 2024 for private capital, it is helpful to look back briefly on recent events. Arguably, the single most important event over the last 18 months was the rapid increase in interest rates by the central banks in the United States, England, and Europe. From March 2022 to August 2023, the Federal Reserve increased interest rates at the fastest clip in more than 40 years, to break inflation that had reached the highest levels since.

Funds 182
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UPC: Retaining Limited Broker Discretionary Authority

Deal Lawyers

This HLS blog post from the Shareholder Activism & Takeover Defense Practice at Latham briefly references another funky voting issue coming out of UPC.

Broker 124
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DOJ National Security Division Updates Corporate Crime Enforcement Policy and Issues Whistleblower Policy

JD Supra: Mergers

Executive Summary - - On March 7, 2024, the NSD of the DOJ issued an updated NSD Enforcement Policy to include a new section covering VSDs in connection with mergers and acquisitions. - These updates follow repeated statements by senior DOJ leadership on the importance of addressing national security threats in the corporate context, and the related commitment to apply significant additional resources to corporate enforcement efforts in the national security realm.

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D&O Insurance: Check Your Bump-Up Exclusion

Deal Lawyers

This D&O Diary blog from Kevin LaCroix discusses an early March decision by the Eastern District of Virginia that a bump-up exclusion precluded D&O coverage for the $90 million paid by Towers Watson in settlement of claims relating to its January 2016 merger with Willis Group Holdings.

Insurance 113
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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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“Market Practice Needs to Check Itself” – A Reminder from the Court of Chancery that M&A Practitioners Must Strictly Abide by Statutory Requirements When Approving Mergers

JD Supra: Mergers

In Sjunde AP-Fonden v. Activision Blizzard, Inc., the Delaware Court of Chancery refused to dismiss claims against Activision Blizzard, Inc. (the company) and its board of directors (the board) that the board had violated, among other things, Section 251(b) of the Delaware General Corporation Law (the DGCL) by approving an incomplete merger agreement in connection with the company’s acquisition by Microsoft Corporation (Microsoft).

M&A 161

More Trending

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The Latham Global IPO Guide - 2024 Edition

JD Supra: Mergers

This Summary does not contain all of the information that you will need to successfully complete your global IPO. You really should read this entire guide as well as the other Latham & Watkins publications referred to in this guide if you want to get the full picture. Actually, you should just hire Latham & Watkins to act as your international counsel and then you will not need to read any of this stuff.

IPO 161
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Investors press Goldman, again, to disclose more pay-gap data

American Banker - Investment Banking

For the second straight year, Goldman Sachs shareholders have filed a proposal calling for more details on racial and gender pay gaps. The request comes as the investment banking giant faces scrutiny over its lack of high-ranking women leaders.

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The Impact of Underlying Insurance Policy Types on Reps and Warranties Insurance and M&A

JD Supra: Mergers

Most forms of insurance fall into one of two categories: claims-made or occurrence-based. This distinction is crucial when you are acquiring a new company and deciding how best to merge the target’s existing insurance coverage with your own. We’ll examine the two underlying insurance categories in this blog and their impact on the reps and warranties insurance that companies should purchase for their merger or acquisition.

Insurance 161
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Up to 50 customers affected by Nasdaq matching engine outage

The TRADE

Between 26 and 50 customers were affected by an outage on the Nasdaq Stock Market’s core matching engine yesterday, with the issue lasting almost three hours having been first reported at 4.09am. At the end of the trading day yesterday, Nasdaq’s post-mortem highlighted that the pre-trading issue affected trading for those using Rash and/or FIX as well as customers connected directly via OUCH or FLITE.

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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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Forgotten Due Diligence: Overlooked Occupational Safety & Health, OSHA Liabilities During M&A Transactions

JD Supra: Mergers

1. A Nightmare Acquisition - Your Company has recently acquired a small logistics company with a strong business reputation. Eighteen days after the acquisition was finalized, you receive a call that there has been a tragic forklift accident in a warehouse operated by a subsidiary of the newly acquired target company. An employee of a staffing agency was struck by a forklift and is in intensive care.

M&A 161
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MarginEdge Acquires Freepour, Empowering Restaurant and Bar Operators with Enhanced Liquor Inventory Management Solution

Global Newswire by Notified: M&A

The leading restaurant management software to integrate Freepour’s 2-in-1 scale and scanner into the robust MarginEdge platform, enhancing precision, speed, and profitability for operators The leading restaurant management software to integrate Freepour’s 2-in-1 scale and scanner into the robust MarginEdge platform, enhancing precision, speed, and profitability for operators

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Earnouts and Their Tax Treatment

JD Supra: Mergers

As buyers and sellers engage in negotiations for the sale of a business, often there may be disagreements as to the value and expected growth of that business. One party might currently value the business higher than the other party does, or there may be economic uncertainty regarding the future performance of the business.

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General Electric's final spinoff is days away. It's not too late to profit from the move

CNBC: Investing

GE stock has outperformed the market over the past year as investors bet that the company's break-up will unlock value. Why it's not too late to jump in.

IT 112
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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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Healthcare & Life Sciences Private Equity Deal Tracker: Arsenal Acquires Multiple Companies From Fortrea

JD Supra: Mergers

Arsenal Capital Partners will acquire Fortrea’s enabling services segment and patient access businesses, according to a news release. Fortea (Nasdaq: FTRE), a global clinical research organization based in Research Triangle Park, N.C., is divesting its Endpoint Clinical and Fortrea Patient Access businesses in a transaction value at up to $345 million, according to news reports.

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AstraZeneca to buy Canadian cancer specialist Fusion for $2.4bn

The Guardian: Mergers & Acquisitions

Britain’s biggest drugmaker’s latest acquisition will help it to develop new radiotherapy treatments Business live – latest updates Britain’s biggest drugmaker, AstraZeneca, is to buy a Canadian cancer specialist focused on next-generation treatments for $2.4bn (£1.9bn), the latest in a string of acquisitions made to strengthen its portfolio of new medicines.

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Cisco Secure Access named Leader in Zero Trust Network Access

Cisco: M&A

Zero Trust Network Access (ZTNA) is a critical component to increase productivity and reduce risk in today’s hyper-distributed environments.

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Atos, a French Tech Giant, Tumbles in Value

The New York Times: Mergers, Acquisitions and Dive

The French government said it would seek “a national solution” to protect Atos, a debt-burdened company that serves nuclear programs and the military.

Debt 91
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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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Cisco Launches CCST IT Support Certification: Your Pathway to a Career in IT

Cisco: M&A

Have you ever considered pursuing a career in information technology (IT) or IT support but found yourself unsure of where to start?

IT 98
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Here are some of Wall Street’s top derivative plays following Nvidia's latest chip launch

CNBC: Investing

Wall Street is offering up its top picks poised to benefit from Nvidia's latest chip roll out.

IT 108
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Cisco’s Bill Davenport Starts Term on FCC Technological Advisory Council

Cisco: M&A

Today, the Federal Communications Commission’s (FCC) Technological Advisory Council (TAC) held its first meeting, with Cisco Senior Director of Technology and Spectrum Policy Bill Davenport serving… Read more on Cisco Blogs

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Tuesday's analyst calls: Time to buy this home improvement giant, Boeing to rally 50%?

CNBC: Investing

A major home improvement stock and a plane maker were in focus in Tuesday's analyst chatter.

Stock 108
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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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Saudi Exchange welcomes Merrill Lynch to growing list of market makers

The TRADE

Merrill Lynch has become the latest market maker to be added to the Saudi Exchange, with the addition marking the fourth market maker onboarded since July 2023. Merrill Lynch also becomes the first international market maker to conduct market making activities on Saudi equities. Read more: Saudi Exchange makes push into algo and high frequency trading In a social media post Noelle Al-Jaweini, acting chief of derivatives, congratulated Yazaid H.

Trading 68
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How to bet against Nvidia using options if this is the top of the AI rally

CNBC: Investing

We'll review a bearish options set-up that wins if the semiconductor sector pulls back from highs.

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IMCD further expands its food and nutrition footprint in Latin America with the acquisition of Bretano

Global Newswire by Notified: M&A

ROTTERDAM, The Netherlands (20 March 2024) – IMCD N.V. (“IMCD” or “Company”), a global leading distribution partner, formulator of speciality chemicals and ingredients, today announces that IMCD has signed an agreement to acquire 100% of the shares of Bretano Costa Rica, S.A., Bretano El Salvador, S.A de C.V., Bretano Guatemala, S.A., and Grupo Bretano México, S. de R.L. de C.V.

Food 64
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Buy this 'stealth' home improvement stock as housing market improves, Loop Capital says

CNBC: Investing

The underperforming retail chain carries a buy rating from the investment firm.

Retail 111
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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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Hong Kong Security Law Could Damage City’s Image as Financial Hub

The New York Times: Banking

Some firms have already moved staff out of the city since the Chinese government took a heavier hand in 2020.

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All the big Nvidia calls after AI conference: Goldman raises target to $1,000, JPMorgan sees 'dominance'

CNBC: Investing

Nvidia CEO Jensen Huang's keynote at the company's blockbuster GTC Conference is giving Wall Street more reason to stay bullish on the chipmaking behemoth.

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Finding Your Institution’s Path Forward with Online Enablers

Tyton Partners

The next few years will be a fascinating period for the providers that fall within the “online enablers” category and for the institutions that partner with them. We expect that over 400 institutions will either initiate, renew or change partnerships, or bring capabilities in-house between 2024-2026 – 10% of the accredited institutions in the U.S. Options for both in-house and third-party solutions are growing… The early days of online enablement brought forth the three C’s of Capital, Com

Capital 59