Thu.Jun 27, 2024

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In re Weinstein and Mallinckrodt: Implications for Royalty Financings, M&A Earn-Outs, and Other Transactions Involving Future Payment Obligations

JD Supra: Mergers

Deal structure matters, particularly in bankruptcy. The Third Circuit recently ruled that a creditor’s right to future royalty payments in a non-executory contract could be discharged in the counterparty-debtor’s bankruptcy. The decision highlights the importance of properly structuring M&A, earn-out, and royalty-based transactions to ensure creditors receive the benefit of their bargain — even (or especially) if their counterparty later encounters financial distress.

M&A 274
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Career Satisfaction – Is Happiness Enough?

H. Friedman Search

“Do you know what the number one response recruiters get when they ask anyone about their desire to hear about new opportunities? Yup, “I’m happy here.” So, I must assume that everyone that we speak to – as recruiters – is experiencing perfect career satisfaction in their current position, but you and I both know that is not the case.

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Insights – June 2024

JD Supra: Mergers

Explore the unique considerations for mergers and acquisitions in the AI sector, the return of IPOs, the implications of new Supreme Court decisions and other developments in this edition of Skadden’s quarterly Insights.

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The Rise of Minority Investments for PE & Strategics

Deal Lawyers

A recent Womble Bond Dickinson memo says that private equity funds and strategic investors are increasingly interested in taking minority positions in target companies.

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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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[Audio] The Best of Founder Shares: Highlights Wisdom of Season's Guests

JD Supra: Mergers

At the end of every Founder Shares episode, host Trevor Schmidt poses the question, “If there's one piece of advice that you would share with somebody who's thinking about starting a company or who's currently running their company, what would that advice be?” In this "Best Of" episode of Founder Shares, that question is answered with a collection of insightful advice from various founders and professionals who have graced the show throughout the season.

Shares 187

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What Is the Difference Between Pre-Packaged and Pre-Negotiated Bankruptcy Plans, and What Are Restructuring Support Agreements? - Creditor’s Rights Toolkit

JD Supra: Mergers

Unlike traditional Chapter 11 “free fall” bankruptcy cases, some debtors enter bankruptcy with pre-packaged or pre-negotiated plans, offering major advantages such as reduced case length. These plans, largely drafted and agreed upon prior to filing, can expedite case resolution from over a year to mere weeks. Furthermore, these cases often provide greater certainty in outcome due to required buy-in from key creditor groups.

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An Artificially Intelligent Peer Reviewer Arrives

Cisco: M&A

How should network engineers be thinking about and using AI right now, and what to could they expect for the future? Here, we focus on one surprising use case that I found to be a bit exciting: Using AI to peer review your work. Buckle up, and let's check it out.

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US Capital Markets Midyear Report: The Revival of IPOs and a Possible Turning Point

JD Supra: Mergers

As a testament to the U.S. capital markets’ resilience and ability to adapt, IPOs, debt markets and mergers and acquisitions (and related financings) have shown substantial increases over 2023. Activity to date in 2024 indicates that this year could be the start of a positive turning point, though volatility is likely to continue as markets anticipate and react to continued global and economic factors.

IPO 177
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Smart Infrastructure Gets Lit Up!

Cisco: M&A

In the era of 5G, cellular and neutral host providers are expanding their radio networks to provide better coverage and data performance in densely populated areas. Municipalities and utilities operating streetlights are making their structures “smart” by incorporating 5G/LTE radios and fiber for connectivity. This has opened up a new world of possibilities.

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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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Delaware M&A Case Law Roundup

JD Supra: Mergers

In the dynamic and ever-evolving landscape of mergers and acquisitions (“M&A”) and related corporate transactions, Delaware courts continue to play a pivotal role in shaping legal precedents and guiding corporate practices. Delaware cases over the past year have been no exception, with several landmark decisions having significant implications for M&A strategy, governance, and dispute resolution.

M&A 172
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Thursday's analyst calls: Micron earnings reaction, oil giant gets an upgrade

CNBC: Investing

A chipmaker and an oil giant from Brazil were among the stocks being talked about by analysts on Thursday.

Stock 113
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Boston Scientific Agrees to Acquire Silk Road Medical in $1.16B Deal

JD Supra: Mergers

Press releases report that Boston Scientific (BSX) has entered an agreement to acquire medical device developer Silk Road Medical in a deal totaling $1.16 billion. Silk Road Medical has reportedly developed devices and methods for transcarotid artery revascularization (TCAR), designed to non-invasively address carotid artery disease.

Medical 167
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Here are Thursday's biggest analyst calls: Nvidia, Apple, Broadcom, Micron, Goldman Sachs, Carvana, Arista & more

CNBC: Investing

Here are Thursday's biggest calls on Wall Street.

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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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Q1 2024 Quarterly Corporate / M&A decisions updates

JD Supra: Mergers

In the first quarter of 2024, Delaware courts issued several noteworthy opinions. The Delaware Supreme Court ruled in In re Fox Corporation/Snap Inc. that corporations do not need to seek votes from each stockholder class to approve charter amendments exculpating officers. In In re Match Group,, the Delaware Supreme Court clarified the standard of review for controlling shareholder transactions.

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These are the most expensive S&P 500 stocks heading into the second half

CNBC: Investing

Artificial intelligence plays are far from the only expensive stocks on a screen of expensive companies found in the broad market benchmark.

S&P 71
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OHA Rules Company Remains Eligible For Award Of Small Business Set-Aside Schedule Orders Even After Acquisition By A Large Business

JD Supra: Mergers

The Small Business Administration (SBA) Office of Hearings and Appeals (OHA) has yet again clarified that a company’s size change in connection with a merger-and-acquisition event generally does not prevent the company from continuing to bid on set-aside orders under its General Services Administration Federal Supply Schedule (FSS) contract. The new OHA decision is Size Appeal of LinTech Global, Inc., SBA No.

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Benchmark International Successfully Facilitated the Transaction Between Fredericksburg Machine & Steel, LLC and SRF, LLC

Benchmark International

Benchmark International has successfully facilitated the transaction between Fredericksburg, VA-based Fredericksburg Machine & Steel, LLC dba Viking Steel Fabricators and Norfolk, VA-based SRF, LLC dba Chesapeake Bay Steel, Inc. Founded in 1950, Viking Steel Fabricators has built a solid reputation for specializing in the fabrication and installation of structural and miscellaneous steel, ornamental iron, and custom stairs and handrails.

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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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Using options to bet on a Nike turnaround as earnings loom

CNBC: Investing

Since forming a "death cross" in February, Nike has underperformed the consumer discretionary sector and the S&P 500.

S&P 69
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US dollar retreats after weak economic data; yen gets minor relief

Global Banking & Finance

US dollar retreats after weak economic data; yen gets minor relief By Gertrude Chavez-Dreyfuss and Amanda Cooper NEW YORK/LONDON (Reuters) -The yen edged up from a 38-year low against the U.S. dollar on Thursday, helped by softening U.S.

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Conducting a Culture Due Diligence

M&A Leadership Council

Some Actual What-to-Do's By M&A Leadership Council Everyone probably knows that financial, legal, and operational aspects of a business typically receive the most attention during due diligence. However, one equally important but often overlooked element is culture due diligence. Understanding and assessing the culture of the target company is crucial for the long-term success of the acquisition, as this helps identify potential cultural clashes and integration challenges.

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Global carbon removal market could reach $100 billion/yr from 2030-35, report says

Global Banking & Finance

Global carbon removal market could reach $100 billion/yr from 2030-35, report says By Susanna Twidale LONDON (Reuters) – The global market for carbon dioxide (CO2) removal credits could reach up to $100 billion a year between 2030 and 2035 from $2.

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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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Five Delaware Cases All Venture Capital Players Should Know

Sidley Shareholder Litigation

Now and then this blog publishes compendiums of bedrock decisions and key principles of which M&A and Corporate Governance practitioners, and their clients, should be aware (e.g., here and here ). This post takes the opportunity to highlight five relatively recent and important decisions that have shaped Delaware legal practice and discourse involving venture capital investment.

Capital 52
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Stocks inch lower as semiconductor shares ease; yen up vs dollar

Global Banking & Finance

Stocks inch lower as semiconductor shares ease; yen up vs dollar By Caroline Valetkevitch NEW YORK (Reuters) -Global stock indexes edged lower in choppy trading Thursday as Micron Technology shares fell and weighed on semiconductors, while the Japanese yen strengthened slightly against the U.S. dollar. U.S. Treasury yields declined slightly after a series of U.S.

Shares 52
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Wall Street analysts say this slide in Micron is a buying opportunity for AI play

CNBC: Investing

Investors should consider using the pullback in Micron Technology to snatch up shares, according to some Wall Street analysts.

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Asia shares eye five-month winning streak; yen slumps

Global Banking & Finance

Asia shares eye five-month winning streak; yen slumps By Rae Wee SINGAPORE (Reuters) – Asian stocks are headed for a fifth straight month of gains on Friday, bolstered by the growing view that cooling U.S. inflation will allow the Federal Reserve ease rates this year.

Shares 52
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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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Morgan Stanley says deal-making is returning to Wall Street and gives best stocks to play trend

CNBC: Investing

The firm said 2024 should mark the start of a rebound from multidecade lows.

Stock 71
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Kadena Announces Nitin Gaur as Advisor

Global Banking & Finance

Kadena Announces Nitin Gaur as Advisor New York, New York, June 27th, 2024, Chainwire Kadena, the industry’s only scalable Proof of Work blockchain, welcomes Nitin Gaur, the Founder of IBM Blockchain Lab and a former Global Head of Digital Assets at State Street, as an advisor.

Finance 52
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LPL Financial Welcomes First Summit Capital Management

Global Newswire by Notified: M&A

SAN DIEGO, June 27, 2024 (GLOBE NEWSWIRE) -- LPL Financial LLC announced today that the advisors of First Summit Capital Management have joined LPL Financial’s broker-dealer, RIA and custodial platforms, aligning with Momentum Wealth Partners , an existing firm supporting LPL-affiliated advisors. The First Summit advisors reported having served approximately $380 million in advisory, brokerage and retirement plan assets* and join LPL from PNC Investments.

Capital 45