Thu.Oct 03, 2024

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What Consistent Appreciation Can Do

H. Friedman Search

Today’s blog is an open letter to practice leaders and hiring managers. If this was done right, there would be no need for recruiters, retention would be close to 100% for your desired employees, and I would be out of a job. However, the fact is that this is never going to happen unless we develop complete awareness. What’s this thing that I’m referring to?

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DOJ Repeals 1995 Bank Merger Guidelines and Now Will Apply Its 2023 Merger Guidelines to Bank M&A

JD Supra: Mergers

On September 17, 2024, the Antitrust Division of the United States Department of Justice (the “DOJ”) announced that it withdrew its 1995 Bank Merger Guidelines and instead, for purposes of evaluating the competitive impact of bank mergers, will rely on its 2023 Merger Guidelines, which apply to all industries.

Mergers 177
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Advance Notice Bylaws: 20 Years of Data!

Deal Lawyers

Michael Levin’s The Activist Investor newsletter recently flagged an academic paper by Ben Bates of Harvard Law School on advance notice bylaws, “Rewriting the Rules for Corporate Elections.” The paper analyzes advance notice bylaws from 2004 to 2023 using a dataset of 14,000+ bylaws from 3,800+ public companies. Wow!

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Second Circuit Rules Bankruptcy Code’s “Safe Harbor” Provision Preempts State Law Fraudulent Transfer Claims

JD Supra: Mergers

On September 19, 2024, the US Court of Appeals for the Second Circuit issued a summary order in which it held that the “safe harbor” provision of Section 546(e) of the Bankruptcy Code preempted a bankruptcy trustee’s state law fraudulent conveyance claims. Holliday v. Credit Suisse Securities (USA) LLC, et al., 21-2543-br.

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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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Our Housing Crisis Has Its Roots in the Financial Crisis

The New York Times: Banking

Well-meaning regulations and reforms intended to prevent another financial crisis has pushed millions of affordable homes out of the reach of everyday buyers and into the coffers of investors.

IT 126

More Trending

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JPMorgan says this EV charging stock could surge nearly 80%

CNBC: Investing

JPMorgan thinks the company's business model of both owning and operating its fast electric vehicle chargers can send the stock soaring.

Stock 132
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Taking Stock of Liens While There Is Still Time – Do You Really Have the Collateral? - Creditor’s Rights Toolkit

JD Supra: Mergers

Trade creditors are usually grouped with “general unsecured creditors” in bankruptcy, but some have liens that can elevate their claim priority. To achieve this, the lien must be properly granted and perfected under applicable law, typically before the bankruptcy filing, and in a way that does not expose the lien to avoidance as a “preferential transfer.

Stock 172
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A Climate Fund Could Pay Billions to Protect Trees in Amazon and Beyond

The New York Times: Banking

Brazil is proposing a fund that would pay countries to protect tropical forests that are crucial to curbing climate change. It would generate returns, too.

Funds 118
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Large Derivative Suit Settlements and Your Side A D&O Insurance

JD Supra: Mergers

Traditionally, this has been the main type of derivative suit that has resulted in large settlements. Merger and acquisition cases are common here. Examples of these types of suits include Paramount Global (CBS-Viacom merger) and Tesla (Solar City merger).

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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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Make Cybersecurity Awareness Month a Game-Changer for You and Your Career

Cisco: M&A

With cyber threats on the rise and the start of Cybersecurity Awareness Month, it couldn’t be a better time to elevate your skill set to meet attacks head-on—and defend, detect, and protect your data and networks.

IT 98
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HPE Europe 2024: Key Takeaways

JD Supra: Mergers

On 19 September 2024, we were once again delighted to assemble hundreds of healthcare professionals, investors, and industry changemakers at The Langham in London for our annual Healthcare Private Equity (HPE) Europe conference.

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Celebrating Cisco’s Solutions Engineers in Honor of National Techies Day

Cisco: M&A

Celebrate National Techies Day with Cisco! Discover how our Solution Engineers bridge the gap between cutting-edge technology and real-world needs, sharing their inspiring stories and innovative solutions.

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The “Business Succession” Decision: Is an ESOP A Viable Option?

JD Supra: Mergers

When business owners consider their business succession options, they often determine their objectives, analyze company resources and capabilities, and review strategic alternatives. Among these strategic alternatives are options such as a recapitalization or selling to a strategic buyer. But there is another viable option: an ESOP transaction.

Business 167
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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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UWA Innovates: Network Upgrade Transforms Student Experience, Boosts Security, and Drives Sustainability

Cisco: M&A

Discover how the University of Western Australia transformed its network infrastructure to enhance student experiences, secure research data, streamline operations, ensure cybersecurity compliance, and promote sustainability amidst unprecedented challenges.

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One Step Back and One Step Forward for Health Care Deals in California

JD Supra: Mergers

Private equity groups looking to invest in California’s health care industry breathed a sigh of relief when the governor vetoed California’s AB 3129. Our Health Care Group explains why health care transactions in the state still face significant headwinds.

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Hodinkee, the Watch Site, Is Sold to Watches of Switzerland

The New York Times: Mergers, Acquisitions and Dive

Neither Benjamin Clymer, its founder, nor the Watches of Switzerland Group would disclose terms, but they stressed that coverage would continue to be independent.

IT 100
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Always in Style: Key Considerations in Buying and Selling Fashion Brands - Katten Kattwalk | Issue 28

JD Supra: Mergers

While interest in buying and selling fashion brands and their associated business lines is constant, structuring and negotiating these opportunities is uniquely challenging. Here, we present key initial considerations for anyone sitting on either side of the table.

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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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Empathy in Action: How Cisco Changes Lives with The Opportunity Platform

Cisco: M&A

See how Cisco's efforts in EMEA are making changes for some people directly affected by the war in Ukraine. Learn more about The Opportunity Platform today!

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California Governor Vetoes Legislation Involving Healthcare Investments

JD Supra: Mergers

On Sept. 28, 2024, Gov. Gavin Newsom vetoed California Assembly Bill 3129 (A.B. 3129), which would have required private equity funds and hedge funds to obtain consent before entering into certain healthcare transactions. The closely monitored legislative effort behind A.B. 3129 intended to provide the California Attorney General authority to review transactions beginning Jan. 1, 2025.

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A recession is imminent and favored tech stocks set to crater like the 'Nifty Fifty' did, BCA Research says

CNBC: Investing

The rise and fall of the Nifty Fifty stocks in the 1970s is a cautionary tale for investors in the Magnificent Seven craze, according to BCA Research.

Stock 111
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Preparing For the Return of Dealer Distress

JD Supra: Mergers

Over the last five years, auto and equipment dealers experienced a period of low inventory levels with high margins on the limited inventory they had for sale and lease. Used automotive and equipment wholesale and retail prices surged.

Retail 161
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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 piling into Chinese stocks like never before as sweeping stimulus sparks enthusiasm

CNBC: Investing

Chinese equities saw the largest ever net buying from hedge funds last week, marking the most powerful weekly purchase on record, according to Goldman Sachs.

Funds 78
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Healthcare & Life Sciences Private Equity Deal Tracker: Accel-KKR Acquires VisiQuate

JD Supra: Mergers

Accel-KKR has acquired VisiQuate, according to a news release. VisiQuate, founded in 2009 and based in Santa Rosa, California, is a provider of revenue cycle management and analytics solutions for health systems.

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QuestionPro Acquires Qualitative Research Platform Tactix; Enters French Market

Global Newswire by Notified: M&A

The addition of Tactix’s mobile app, which captures in-the-moment experiences of products and services, augments QuestionPro’s leading suite of experience research offerings The addition of Tactix’s mobile app, which captures in-the-moment experiences of products and services, augments QuestionPro’s leading suite of experience research offerings

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FTC Bars Board Seat as Sole Condition of Merger Approval

JD Supra: Mergers

The Federal Trade Commission (“FTC”) has filed a Complaint and a proposed Consent Order that would bar the CEO of oil company Hess from sitting on the Board of Chevron after the merger of the two companies. According to the Complaint filed in the matter on September 29, CEO John B. Hess has a long history of encouraging high-level OPEC executives in their stated mission to stabilizing pricing in oil markets.

Mergers 155
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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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Time to bail on the market's hottest sector? Some investors are starting to sell

CNBC: Investing

Utilities have emerged as this year's best-performing sector, but there are signs its rally might not have much more room to run.

Utilities 119
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[Webinar] Navigating M&A in the Manufacturing Industry: Strategies for Success - October 17th, 2:00 pm - 3:00 pm ET

JD Supra: Mergers

If you’re a government contractor in the manufacturing industry looking to buy or sell your business, there are specific concerns you should be aware of to protect your interests. This webinar will guide you through legal and financial due diligence contractors and their advisors need to address to execute a successful transaction. Whether you‘re considering your first M&A transaction or looking to refine your existing approach, this webinar will equip you with actionable strategies and best

M&A 149
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Nike stock chart is showing signs of a bottom and a turnaround ahead

CNBC: Investing

David Keller breaks down the charts in the shoe giant.

Stock 126