Fri.Oct 11, 2024

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Deere FCPA Enforcement Action: Lessons on Post-Acquisition Integration and Investigation in M&A

JD Supra: Mergers

We recently had a Foreign Corrupt Practices Act (FCPA) enforcement action that reminded me that everything old is new again in anti-corruption compliance. The Securities and Exchange Commission (SEC) FCPA enforcement action involving Deere has bribery schemes that were torn literally from the first decade of the 21st century as they involved gifts, travel, and entertainment.

M&A 187
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'That's it?' Morgan Stanley rips Tesla robotaxi event for lack of detail

CNBC: Investing

Wall Street has been fairly hot-and-cold on Tesla stock this year — and its robotaxi unveiling on Wednesday didn't help improve investor sentiment.

IT 127
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Finally, the Final HSR Rules: Key Takeaways for the New HSR Pre-Merger Notification Form

JD Supra: Mergers

On October 10, 2024, the US Federal Trade Commission (“FTC”) finalized significant updates to the Hart-Scott-Rodino (“HSR”) Form and Instructions (“New HSR Rules”). While not as broad as initially proposed last year, the updates represent the most sweeping changes to the HSR Form for US premerger notification filings (“HSR Filings”) in 48 years.

Mergers 177
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AGBA ADVANCES TOWARD COMPLETION OF THE TRILLER MERGER

Global Newswire by Notified: M&A

AGBA Group Holding Limited (Nasdaq: AGBA) (“AGBA” or the “Company”) and Triller Corp. (“Triller”), today announced that their merger is expected to close on Monday, October 14, 2024 subject to final Nasdaq approval.

Mergers 111
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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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A New Era for Merger Filings: Final HSR Rule Imposes More Burden (But Far Less than Previously Proposed Rule)

JD Supra: Mergers

On October 10, the Federal Trade Commission and the Antitrust Division of the Department of Justice issued the Final Rule amending the Premerger Notification Rules and propounding new Hart-Scott-Rodino (“HSR”) filing forms and instructions.

Mergers 177

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Heart of Healthcare Podcast: FTC Chair Lina Khan on Healthcare, Antitrust, and the Future of Competition

JD Supra: Mergers

In a recent episode of the Heart of Healthcare podcast, co-hosts Michael T. Esquivel and Halle Tecco, sat down with Federal Trade Commission (FTC) Chair Lina Khan, who offered her perspective on the intersection of antitrust enforcement and the healthcare industry.

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Inflation reports from this week should allow the Fed to stay on track with rate cuts

CNBC: Investing

The producer price index showed no change for September, counteracting some of the concerns from a hot inflation report on Thursday.

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Gavel to Gavel: What will legislature do about private equity in healthcare?

JD Supra: Mergers

State legislatures across the country are beginning to consider and debate the pros and cons of passing laws aimed at regulating private equity’s role in the healthcare industry. According to an article in the Wall Street Journal on April 18, 2024, 12 states have already passed legislation regulating private equity involvement in healthcare. Originally published in The Journal Record - October 10, 2024.

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DevOps Decoded: Prioritizing Security in a Dynamic World

Cisco: M&A

Integrating security into the DevOps lifecycle is essential for building secure, scalable systems. By embedding security early on, teams can mitigate risks, enhance efficiency, and ensure compliance throughout development and deployment.

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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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Indonesian lending activity poised for rebound

JD Supra: Mergers

Macroeconomic uncertainty has impacted Indonesian debt markets in recent years. But, after a period of disruption, prospects for domestic and offshore debt issuances are brightening.

Debt 167
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Financing regenerative agriculture: a pathway to healthier soil, cleaner water, and climate resilience

Cisco: M&A

Meet Cisco Foundation partners working to support farmers' transition to regenerative agriculture to improve resiliency.

Finance 98
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Finalized Hart-Scott-Rodino Rules Released

JD Supra: Mergers

Wednesday, the Federal Trade Commission voted 5–0 to adopt new rules under the Hart-Scott-Rodino (“HSR”) Antitrust Improvements Act, as amended. While these new rules are scaled-back versions of the rules originally proposed on June 27, 2023, they still dramatically change the amount of information and number of documents to be produced up front with the initial filing for both deals with competitive concerns and those without.

Trading 167
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The challenges of automation in fixed income: ‘Credit is an entirely different process’

The TRADE

Automation was central to a panel discussion on pre-trade transparency and front-to-back trading workflows last week at the Fixed Income Leaders Summit, with panellists noting that automation has different use cases and levels of success within the context of fixed income. Panellists argued that automation can be applied in some instances such as rates, whereas in others ultimately clicks are just reduced with only certain functions of the trade automated.

Trading 63
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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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FTC Publishes Final Revisions to Pre-Merger Notification Rules

JD Supra: Mergers

On October 10, 2024, the Federal Trade Commission (the “FTC”), with the Department of Justice Antitrust Division’s concurrence, released a Final Rule containing the long-anticipated revisions to the Hart-Scott-Rodino Act Premerger Notification Form.

Mergers 167
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China Vows to Unleash More Borrowing to Spur Economy and Strengthen Banks

The New York Times: Banking

The finance minister said Beijing would sell bonds to supplement spending and help banks but did not detail how much.

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How To Ensure A Smooth Transaction When Selling A Franchise

JD Supra: Mergers

Mergers and acquisitions (M&A) in the franchise industry are complex transactions that require careful planning, due diligence, and a keen understanding of both pre and post-deal considerations. With extensive experience representing both franchisors and franchisees in such transactions, here are some insights on what franchise businesses should consider when undertaking M&A.

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ScoreApp Acquires Bucket.io to Enhance Interactive Marketing Capabilities

Global Newswire by Notified: M&A

ScoreApp, a leading platform for interactive quizzes and surveys, is pleased to announce the acquisition of Bucket.io.

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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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F-Reorgs: How Buyers’ and Sellers’ Favorite ‘F Word’ Optimizes M&A and Private Equity Transactions Involving S Corporations

JD Supra: Mergers

In M&A and private equity transactions, buyers and sellers are consistently looking for ways to maximize value, which requires a critical focus on structuring the transaction in a tax-efficient manner. This pursuit of tax efficiency can be the difference between a successful deal and a missed opportunity, making it imperative for all parties to think critically and employ various strategies and tools to secure the best possible outcomes in their transactions.

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Analysts are getting more bullish on Netflix ahead of earnings

CNBC: Investing

A few analysts are upping their stance on the media giant ahead of its third-quarter earnings report next week.

Media 83
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FTC Announces Final Changes to Hart-Scott-Rodino Reporting

JD Supra: Mergers

On October 10, 2024, the Federal Trade Commission (“FTC”) published the final version of changes affecting Hart-Scott-Rodino (“HSR”) reporting requirements, which were the subject of a previous Notice of Proposed Rulemaking. The new HSR rules will take effect in mid-January 2025 (90 days after the official publication in the Federal Register), impacting all HSR-reportable transactions where the parties will be submitting their respective HSR filings on or after the effective date.

Trading 167
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What to Do if You Fall Behind on Auto Loan Payments

The New York Times: Banking

The Consumer Financial Protection Bureau suggests that lenders may be overzealous in repossessing cars.

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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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FTC Passes Overhaul of HSR Filing Regime

JD Supra: Mergers

On October 10, 2024, the Federal Trade Commission (FTC) announced that it unanimously approved a much-anticipated final rulemaking that will radically change the form and substance of Hart-Scott-Rodino (HSR) filings. The new rules, which represent the most significant changes to the HSR filing regime since the HSR Act was enacted over 45 years ago, will significantly increase the burden on parties submitting HSR filings to the FTC and Antitrust Division of the Department of Justice (DOJ).

Trading 167
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Fireside Friday with… Balyasny Asset Management’s Charlie Flanagan

The TRADE

How is the capital markets sphere reacting to the increasing presence of AI? At a high level, I think that most teams are pretty excited about the prospects of AI and the opportunities that it presents. Certainly we see very good usage among our teams. Despite this, there are certain concerns, understandably, and hallucination is certainly a topic that people are aware of.

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The Benefits of Recognizing Personal Goodwill in a Transaction

JD Supra: Mergers

There is a little-known asset – personal goodwill – that is present in certain types of businesses and can potentially provide a significant tax benefit when identified as part of a transaction. This article will clarify what personal goodwill is, the types of businesses that are likely to have personal goodwill, and its potential benefits in a transaction.

Business 161
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Big Banks Open Their Books for First Test After Rate Cuts

The New York Times: Banking

Profits fell at JPMorgan and Wells Fargo, but the lenders reported results that were largely better than had been expected, a sign that the economy remained solid.

Bank 62
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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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Indemnity Clauses, Claims & Controversies

JD Supra: Mergers

Indemnification is a key component in virtually every M&A deal, serving as a detailed and nuanced contractual risk allocation device between the Buyer and Seller. Though drafted in a two-way fashion, indemnity operates in the real world to provide the Buyer with post-Closing protection against losses arising from breaches of Seller’s representations, warranties and covenants set forth in the purchase agreement, as well as responsibility for certain other liabilities that the Buyer may otherw

M&A 161
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Wall Street Profits Surge Despite Questions About the Economy

The New York Times: Banking

JPMorgan Chase, Wells Fargo and BlackRock reported strong quarterly results to kick off earnings season, but concerns linger about the strength of the consumer.

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Small Business Recertification: Key Issues Under SBA’s Recent Proposes Changes

JD Supra: Mergers

The U.S. Small Business Administration (SBA) recently issued a proposed rule that covers a variety of topics that will be of interest to small- and large-business government contractors, touching on requirements for the Historically Underutilized Business Zone (HUBZone) program, joint ventures, the mentor-protégé program, and recertification requirements under multiple-award contracts.

Business 161