Tue.Jun 25, 2024

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Court of Chancery Issues First Dismissal of a SPAC Disclosure Complaint

JD Supra: Mergers

In January 2022, Vice Chancellor Lori Will of the Delaware Court of Chancery issued a groundbreaking opinion in In re MultiPlan Corp. Stockholders Litigation that paved the way for SPAC stockholders to bring direct breach of fiduciary duty claims against SPAC boards and sponsors. In the ruling, the court clarified that “well-worn fiduciary principles” under Delaware law would apply to SPAC board decisions.

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Boeing’s Wisk Aero buys Verocel to boost software safety for its self-flying eVTOL

TechCrunch: M&A

Wisk Aero, a subsidiary of Boeing, has acquired Verocel, a software verification and validation company that's served the aerospace industry for 25 years. © 2024 TechCrunch. All rights reserved. For personal use only.

IT 206
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Second Circuit Affirms District Court’s Dismissal Of Putative Securities Fraud Class Action Against China-Based Real Estate Company For Lack Of Falsity

JD Supra: Mergers

On June 10, 2024, the United States Court of Appeals for the Second Circuit affirmed the dismissal of a putative shareholders’ class action against a real estate company (the “Company”) and several of its directors (the “Individual Defendants”), asserting claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (“Exchange Act”) and Rule 10b-5 promulgated thereunder.

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Volkswagen Will Invest Up to $5 Billion in EV Maker Rivian

The New York Times: Mergers, Acquisitions and Dive

VW and Rivian, a maker of electric trucks that has struggled to increase sales and break even, will work together on software and other technologies.

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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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2024 Company Law Changes in China: What Foreign Investors Need to Know Before July 1

JD Supra: Mergers

Amendments to the Company Law of the People's Republic of China (the “New Company Law”) were passed on December 29, 2023, and will come into effect on July 1, 2024.

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"Wheels Fall Off" FTC's Latest Hospital Merger Challenge

JD Supra: Mergers

District Court Ruling Shows that the "Failing Firm" Defense Isn't a Total Failure - In FTC v. Community Health Systems Inc. & Novant Health Inc., No. 5:24-cv-0028 (W.D.N.C.), Judge Kenneth D. Bell of the U.S. District Court for the Western District of North Carolina on June 5, 2024, denied the Federal Trade Commission's (FTC) motion to enjoin Novant Health Inc.

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Security Is Essential (Especially in the Cloud)

Cisco: M&A

As threats become more sophisticated and regulatory demands become stricter, the new Cisco Secure Cloud Access (SCAZT) Specialist Certification dives into the heart of cloud security, underscoring the importance of a security-first approach.

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DGCL Amendments Proposed to Address Recent Delaware Court of Chancery Decisions Affecting Stockholder Agreements, Board Approvals of Merger Agreements and Damages for Lost Stockholder Premiums

JD Supra: Mergers

Three recent decisions from the Delaware Court of Chancery (the “Court”) have upended long-standing market practice related to, among other matters, stockholder agreements, board approvals of merger agreements and the availability of damages for lost stockholder premiums following a failed deal.

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Enhancing Your Network Security Growth: New Partner Offers

Cisco: M&A

Cisco, a leader in networking and cybersecurity solutions, introduced a range of new security incentives and promotions to maximize your profitability when selling Cisco Firewalls. Let's dive into our latest offerings.

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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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California Court Decision Further Scrutinizes the Friendly PC Model – Now What?

JD Supra: Mergers

From the West Coast Healthcare Desk is an ongoing series of Holland & Knight Healthcare Blog articles and alerts focused on healthcare industry developments and points of interest in the West Coast healthcare marketplace. Holland & Knight's nationally ranked healthcare practice has been focused on healthcare compliance, transactional, reimbursement and operational trends that have often started….

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Middlefield Announces Intention to Merge Middlefield Global Real Asset Fund Into Real Estate Split Corp.

Global Newswire by Notified: M&A

TORONTO, June 25, 2024 (GLOBE NEWSWIRE) -- Middlefield Limited (the “Manager”), the manager of Middlefield Global Real Asset Fund (“Real Asset”), is pleased to announce that Real Asset intends to merge into Real Estate Split Corp., a split share corporation founded on November 19, 2020, which invests in a diversified, actively managed, high conviction portfolio of issuers engaged in e-commerce and data infrastructure as well as the multi-family, industrial, retail, seniors housing and healthcare

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M&A in the AI Era: Key Deal Terms To Watch

JD Supra: Mergers

The accelerated development of artificial intelligence (AI) has shown the transformative potential of the technology across industries, making it an integral part of strategic planning for market participants, from technology giants to venture capitalists. Unsurprisingly, AI technology has drawn an enormous wave of investment.

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NIS2 for manufacturing organizations: 3 steps towards compliance

Cisco: M&A

NIS2 mandates manufacturing organizations to implement stronger cybersecurity measures. Learn more about the directive and how to prepare.

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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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Ten Action Items for Healthcare Portfolio Companies in 2024

JD Supra: Mergers

The investor-backed provider community may be feeling pressure and facing scrutiny from various angles in 2024, as federal and state agencies implement complex pre-closing review processes for healthcare transactions from an antitrust and oversight perspective. In addition, federal and state agencies continue to focus their efforts on combating fraud and abuse.

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Central, Eastern and South-Eastern Europe (CESEE) Bank Lending Survey: First half of 2024

European Investment Bank

The CESEE Bank Lending Survey is a unique instrument developed in the context of the Vienna Initiative to monitor cross-border banking activities and deleveraging in Central, Eastern and South-Eastern Europe. It serves to better understand the determinants/constraints influencing credit growth in the region and to gain forward-looking insights into the strategies of cross-border banks and market expectations regarding local financial conditions.

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Chancery Reviews SPAC Precedents and Dismisses Complaint for Failure to Show Impairment of Stockholders’ Redemption Rights

JD Supra: Mergers

In In re MultiPlan Stockholders Litigation, the Delaware Court of Chancery reasoned that common special purpose acquisition company (SPAC) governance and compensation structures create potential conflicts between on the one hand, the sponsors holding founders’ shares—whose compensation is tied to, and who tended to profit greatly from, any de-SPAC transaction, however poor; and on the other hand, public stockholders—who could lose their investments in a poor de-SPAC merger, and who have.

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Boeing Is Said to Offer Stock to Buy Spirit, Preserving Cash Amid Struggles

The New York Times: Mergers, Acquisitions and Dive

The plane maker is expected to soon strike a deal to acquire most of the operations of Spirit AeroSystems, a troubled supplier that makes the bodies of the 737 Max.

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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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Healthcare & Life Sciences Private Equity Deal Tracker: H.I.G. Acquires Health-E Commerce

JD Supra: Mergers

H.I.G. Capital has announced the acquisition of Health-E Commerce (HEC). HEC, founded in 2010 and based in Dallas, is an e-commerce retailer of flexible spending account (FSA) and health savings account (HSA) eligible products and services. HEC is the parent brand to FSA Store and HSA Store.

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ION expands connectivity to futures markets through new integration

The TRADE

ION has integrated its fixed income solutions with its XTP Execution platform, extending client access to various futures markets for trading and market data. Tommaso Di Grazia ION’s XTP Execution (XTPE) is an automated front-office trade workflow solution focused on cleared derivatives trading. The solution provides users with integrated order management capabilities, order execution, direct connectivity to all key exchanges globally, and indirect access to local exchanges through a network of

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A Week in Vegas with the Cisco Store

Cisco: M&A

Grander than ever. Check out what the Cisco Store Tech Lab was up to at Cisco Live in Las Vegas!

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Mosaic Smart Data and Euroclear launch data intelligence offering for capital markets

The TRADE

Data analytics company Mosaic Smart Data has launched a new data intelligence service powered by Euroclear’s fixed income data. Named Smart Markets, the new service will transform Euroclear’s data into interpretable insights to detect market movements, enhance trading models and build informed strategies. Smart Markets was developed to meet demand from institutions – including banks, central banks and buy-side trading firms – seeking sophisticated data-driven insights.

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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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Hedge funds are dumping tech stocks, especially chip names, heading into the second half

CNBC: Investing

Hedge funds are rotating out of technology, especially winning chipmakers, after strong gains in the first half, according to data from Goldman Sachs.

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ZoomerMedia Announces Expansion of Zoomer Digital Network with Acquisition of MobileSyrup.com from Blue Ant Media

Global Newswire by Notified: M&A

ZoomerMedia Announces Expansion of Zoomer Digital Network with Acquisition of Mobile Syrup, Canada’s News Source for all things Te from Blue Ant Media

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This small-cap tech stock is set to rally nearly 30%, TD Cowen says

CNBC: Investing

Secular industry tailwinds and a diversifying consumer base set up this tech stock to be TD Cowen's top small- and mid-cap pick.

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Innovative Solutions for Budget Deficits: Embracing Variable Cost Models in K-12 Districts

Tyton Partners

Weighing the relative merits of fixed and variable costs is not unique to education. Earlier this month, a notice to renew my City Sticker to park on Chicago’s streets arrived in the mail. I wrote the $91 check and tucked the receipt close to last month’s $158 bill to renew my registration. As I weighed these and my other ongoing auto-related expenses (e.g., insurance, maintenance), it begged the logical question: wouldn’t it be cheaper to just Uber everywhere?

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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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Oil ticks up on inventory drawdown outlook, Middle East risks

Global Banking & Finance

Oil ticks up on inventory drawdown outlook, Middle East risks SINGAPORE (Reuters) -Oil prices inched up during Asian trade on Wednesday despite a surprise jump in U.S. stockpiles, driven by geopolitical risks from the Middle East conflict and forecasts of an eventual inventory drawdown during the third quarter peak demand season.

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Rival Holdings Acquires Laux Construction

Global Newswire by Notified: M&A

Fort Wayne, Ind., June 25, 2024 (GLOBE NEWSWIRE) -- Rival Holdings has acquired Laux Construction, a Michigan-based general contractor specializing in commercial construction. The company has served the greater Lansing area for more than 25 years on a wide variety of construction projects in the public and private sectors, including education, healthcare, industrial and commercial needs.

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Promontory Technologies Goes Live for External/LP Investors

Global Banking & Finance

Promontory Technologies Goes Live for External/LP Investors Road Town, British Virgin Islands, June 25th, 2024, Chainwire Promontory Technologies is excited to announce the launch of its Promontory Alpha Fund, a quantitative, systematic, multi-strategy approach to trade liquid listed digital (“crypto”) assets.