Tue.Jun 04, 2024

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Recent Ruling Shows Healthcare Private Equity Firms a Path Through the New Antitrust Era

JD Supra: Mergers

Private equity sponsors can exhale: A federal court recently stopped the Federal Trade Commission's (FTC) antitrust action that targeted private equity sponsor Welsh, Carson, Anderson & Stowe for the healthcare "roll-up" strategy of its anesthesia practice management portfolio company. The case, Federal Trade Commission v. U.S. Anesthesia Partners, Inc. et al., might prove to be….

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RWI: Pro-Insured Emerging Trends

Deal Lawyers

Recent data suggests that the use of Rep & Warranty Insurance may have plateaued, but this Cooley M&A blog says that market development has led to some news for purchasers of RWI.

Insurance 113
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French Supreme Court Extends Transfer of Criminal Liability During Merger by Absorption to All Company Types

JD Supra: Mergers

The criminal liability of the absorbed company is transferred to the absorbing company, regardless of the corporate form of the company involved in the merger by absorption. In a ruling handed down on May 22, 2024, 1 the Criminal Division of the French Supreme continued the jurisprudential work it had begun in 2020 and extended the transfer of criminal liability from the absorbed company to the absorbing company to all corporate forms, beyond the French sociétés anonymes initially concerned.

Mergers 177
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A small bitcoin allocation makes sense regardless of your thesis on the cryptocurrency, says Fidelity

CNBC: Investing

"A non-zero position in something like bitcoin could make sense for a lot of clients," said an executive from Fidelity Digital Assets.

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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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Did the FTC Just Mess with Your Business Valuation?

JD Supra: Mergers

Many family law practitioners and not a few business owners probably never heard of the Federal Trade Commission (FTC). A once active part of the business regulatory environment, the agency was placed on sedatives during the Reagan administration and didn’t have much to contribute during the Clinton and Obama years.

Business 172

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Recent Québec Court of Appeal Decision Highlights the Importance of Clear Drafting for Earnouts

JD Supra: Mergers

Ambiguous drafting of earnout provisions in M&A agreements is a perennial source of post-closing disputes. What may have seemed clear to parties in the heat of negotiations can often become less so as time passes, particularly where expectations are not met, or the relationship otherwise degrades. As demonstrated in ARO inc. c. Polard, 2024 QCCA 546, however, Québec civil law’s principles of contractual interpretation offer a distinct approach for addressing these disputes.

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Best of the Best: Cisco Customer Advocate Awards: Americas 2024 Winners

Cisco: M&A

Cisco's Customer Advocate Awards are back! Cisco Advocates are change makers and innovators, and we recognized the finalists at Cisco Live in Las Vegas. To wrap-up, we're celebrating our winners.

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Proposed Amendments to the DGCL Address Issues Raised by Recent Delaware Court Decisions

JD Supra: Mergers

On March 28, 2024, the Council of the Corporation Law Section of the Delaware State Bar Association approved legislation proposing to amend the Delaware General Corporation Law (“DGCL”) in response to recent Delaware Court of Chancery decisions. The proposed amendments will be introduced to Delaware’s General Assembly for consideration and, if enacted, will grant more deference for boards of directors to act consistent with current market practice, after Delaware courts recently held that a.

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Former Credit Suisse equities lead to take the helm as UBS global execution services head permanently

The TRADE

UBS has selected one of its newly acquired Credit Suisse staff to replace its retiring global head of execution services, Brent Johnson, according to an internal memo seen by The TRADE. Neil Hosie has been appointed as global execution services head in a full-time capacity after joining UBS as part of its takeover of Credit Suisse last year. He took up the role on an interim basis in March.

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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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European Competition Law Newsletter – June 2024

JD Supra: Mergers

UK Digital Markets, Competition and Consumers Act 2024 Makes Significant Changes to Competition and Consumer Protection Law - On 24 May 2024, the UK Digital Markets, Competition and Consumers Act 2024 (DMCC Act) became law. The DMCC Act, likely to become operable in Q4 2024, introduces significant changes to UK competition and consumer protection law, which will impact a wide range of businesses active in the UK.

Business 167
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It’s Time to Take Control of Experiences and Transform Infrastructure Operations for AI

Cisco: M&A

Cisco Networking Cloud has made phenomenal progress toward continuous intelligence, predictive analytics, and automated remediation over the past 12 months. At Cisco Live 2024, we show how new additions help customers transform the world with AI-native operations, assurance, secure networking, and infrastructure for AI.

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Client Alert: Franchise Sales Likely to Get New Level of Regulation Over Third-Party Sellers

JD Supra: Mergers

A bill passed by the California Senate on May 22, 2024, Senate Bill No. 919 (“Bill 919”), will address a gap in the regulation of franchise sales – namely, a lack of transparency regarding the role and background of independent franchisee recruiters, often known as “franchise brokers.” This bill, which has the rare support of both the International Franchise Association (the “IFA”) and franchisee advocate groups such as the American Association of Franchisees and Dealers (“AAFD”), now heads to.

Sale 167
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Nuclear energy back in favor with coming AI data center demand surge. Citi sees two stocks to play it

CNBC: Investing

Data center demand will drive efforts to increase utilization of the U.S. nuclear fleet with Duke Energy and Southern Company poised to benefit, Citi said.

Utilities 117
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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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Sixth Circuit Finds Automotive Supplier’s “Blanket Contract” Did Not Create Requirements Contract, Citing Airboss

JD Supra: Mergers

On May 23, 2024, the Sixth Circuit became the latest court to analyze last year’s Michigan Supreme Court decision of MSSC, Inc. v. Airboss Flexible Prods. Co. (“Airboss”), finding that an automotive supplier’s “blanket contract” was not enforceable due to its failure to satisfy the statute of frauds—upending years of the parties’ performance under the alleged requirements contract.

IT 161
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AI Takes Center Stage in the Data Center

Cisco: M&A

At Cisco Live, we are introducing new and enhanced solutions and technologies enable organizations to operationalize, simplify, and scale data center infrastructures to meet the evolving demands of AI, including a full-stack, cloud-managed AI solution and hyperconverged infrastructure (HCI) to reduce data center footprint and complexity.

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Energy & Sustainability M&A Activity — June 2024

JD Supra: Mergers

April 22, 2024: CryoWorks manufactures and provides cryogenic piping systems intended to serve its clients in the aerospace, defense, clean energy, food and beverage, semiconductor, electronics, and automotive sectors. The company reached a definitive agreement to be acquired by Crane Company.

M&A 161
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Cisco Security at Cisco Live 2024: Innovating at Scale

Cisco: M&A

No matter how reliable and performant your network is, it doesn’t matter if it’s not secure. To help make the world a safer place, we need to reimagine security.

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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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Notice provisions should not become a "technical minefield" says the English Court of Appeal

JD Supra: Mergers

In the English Court of Appeal's judgment in Drax Smart Generation Holdco Limited v Scottish Power Retail Holdings Limited [2024] EWCA Civ 477, it considered the validity of a notice of claim served pursuant to a share purchase agreement.

Retail 161
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Cisco Live 2024: Enhancing Network Simplicity and Efficiency While Facilitating Superior Digital Experiences

Cisco: M&A

Change the economics of your network in your favor with a simplified architecture that converges services on a unified, automated infrastructure for maximum scalability and agility to support the… Read more on Cisco Blogs

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FTC and DOJ launch public inquiry on serial acquisitions and roll-up strategies

JD Supra: Mergers

On May 23, 2024, the U.S. Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) (the Agencies) published a Request for Information (the “May 2024 RFI”) to solicit public comments to help identify sectors of the economy impacted by “serial acquisitions and roll-up strategies.” This broad inquiry expands upon the Agencies’ March 2024 RFI that specifically focused on consolidation within health care markets (the “Health Care RFI”), and reflects the Agencies’ concern.

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Cisco Live 2024: Ensure Digital Resilience, Pervasive Security, and Simpler Operations

Cisco: M&A

How do you effectively manage experiences if you no longer own all the infrastructure? The answer is at the heart of new operational innovations and infrastructure announced at Cisco Live 2024. They’re all part of the Cisco Networking Cloud platform.

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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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Majority of risk professionals only ‘somewhat prepared’ for next market shock, finds report

The TRADE

Less than half (37%) of risk professionals say they are prepared to manage risk tied to the next market shock, a new report from Coalition Greenwich has found. Surveyed risk professionals were nearly split in their responses to feeling either confident or somewhat confident with their risk management processes during normal market conditions. However, looking at future market shocks, 37% said they are prepared, while the majority (61%) said they were somewhat prepared.

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Gizmodo Is Sold to Keleops Media

The New York Times: Mergers, Acquisitions and Dive

The tech website’s publisher, G/O Media, sold Gizmodo to the digital media and tech company Keleops.

Media 107
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Internet of Things (IoT) in Smart Cities Market Size: Set to Reach USD 795.98 Billion by 2031| SkyQuest Technology

Global Newswire by Notified: M&A

Westford, USA, June 04, 2024 (GLOBE NEWSWIRE) -- SkyQuest projects that the Internet of Things (IoT) in Smart Cities Market will attain a value of USD 795.98 billion by 2031, with a CAGR of 20.5% during the forecast period (2024-2031). Smart cities use the Internet of Things (IoT) to collect real-time environmental data from connected devices and smart technologies.

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These restaurants are taking the lead on AI and robots. What it means for their stocks

CNBC: Investing

As the restaurant sector forays into AI and automation, these stocks have what it takes to lead their peers.

Stock 105
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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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Bloomberg unveils enhancement to FX execution offering in wake of T+1

The TRADE

Bloomberg Index Services has today unveiled its Bloomberg FX Fixings (BFIX) offering, the first benchmark on a value T+1 basis in the market. The service will allow users to send FX orders into executing counterparts without being present in the time zone in question. Read more: ‘Time is money and time is risk’ proclaimed Gensler ahead of T+1 implementation, but how is the market feeling as reality hits Though sell-side banks offer this service via their forwards desk, the BFIX T+1 benchmark all

Banking 62
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Snap up gold ETF ahead of potential interest rate cuts as deficits persist, market pro says

CNBC: Investing

The founder of the Blue Chip Daily Trend Report said there are macroeconomic reasons to like gold, and rate cuts could provide another boost.

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Tradeweb links repo and interest rate swap platforms to enhance institutional decision making

The TRADE

Tradeweb Markets has launched new features bridging the firm’s repurchase agreements (repo) and interest rate swap (IRS) product offerings to bolster clients’ execution workflows in these markets. Nicola Danese Higher money market volatility as a result of revised expectations of central bank policy actions has led traders to increasingly reference spreads to overnight index swap (OIC) curves when evaluating pricing of fixed-rate repos.

Trading 62