January, 2022

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Top 7 Pitfalls That Buyers Face During M&A Diligence, with Joe Beer

Sun Acquisitions

Background photo created by creativeart – www.freepik.com. The road to business acquisition is fraught with great danger, numerous pitfalls, and unforeseen challenges. Knowing what to look out for during due diligence and surrounding yourself with a team of trusted M&A advisors can help offset the inherent dangers with mergers and acquisitions.

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Capturing Deal Value through a successful PMI

Mergerware

Traditionally M&A deals are known to be explored for either growing a company’s market share or because the company believes it can capitalize on cost savings. When it comes to M&A integration, speed of the integration is considered a mantra of deal rationale success. The first 100 days are considered crucial for acquisition success. The […].

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Bob Saget and open source license compliance

Synopsys: M&A

Unique open source licenses provide amusement for developers but they create extra work for legal teams overseeing a company’s IP. The post Bob Saget and open source license compliance appeared first on Software Integrity Blog.

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Top Five Integration Best Practices to Achieve Maximum Revenue Synergies

M&A Leadership Council

It Is Up To You to Stack the Deck. By Mark Herndon, Chairman of the M&A Leadership Council . Integration is tough. There are no formulas. No cookie-cutter patterns. Seldom a simple solution. But as my friend and President Emeritus of the M&A Leadership Council, Jack Prouty, says – there is a way you can “stack the deck for success.”. Your organization can diligently apply specific integration best practices - proven to yield demonstrable business results , and do just that.

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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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What to Look for in a Pest Control Exit Planning Firm

PCO M&A Specialists

It’s no secret that interest in mergers and acquisitions in the pest management industry persists. At PCO M&A Specialists, we completed a record number of deals in 2021, totaling more than $250 million of enterprise value. With baby boomers (who are approaching retirement age) at the helm of many successful pest control firms, plus the potential for an unfavorable policy environment on the horizon, we expect the uptick in M&A activity to continue for the foreseeable future.

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Where Mergers Go Wrong: 5 Overlooked Missteps

Align Business Advisory Services

Harvard Business Review says between 70% and 90% of mergers and acquisitions fail, which is a startling statistic. When thinking about how to become part of the minority, the first step is to consider the common missteps those other businesses make so you don’t too. Some mistakes are obvious, but some are often overlooked. What. Read More » The post Where Mergers Go Wrong: 5 Overlooked Missteps appeared first on Align BA.

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How do you deliver the Cost and Growth Synergies?

Mergerware

“M&A is a confidence game. With political certainty, the end of the pandemic in sight, and strong capital markets, the confidence levels in the C-suite and board rooms are high. That bodes well for M&A,” says Anu Aiyengar, JP Morgan’s Global Co-Head of M&A. Aiyengar’s sentiment rings true in M&A markets today. A combination of […].

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Manage risks with software due diligence and open source audits

Synopsys: M&A

Similar to a home inspection, M&A software due diligence helps organizations assess the risk of an investment. The post Manage risks with software due diligence and open source audits appeared first on Software Integrity Blog.

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Sun Acquisitions Announces the Sale of a Sheet Metal Fabrication & Machining Company

Sun Acquisitions

Sun Acquisitions is pleased to announce the successful acquisition of an experienced sheet metal fabrication and machining company based in the Greater Chicago area. This family-owned metal fabrication business, founded over 15 years ago, specializes in precision sheet metal fabrication and machining to laser cut, punch, form weld, and finish customized parts.

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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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Executing Integration for Maximum Results

M&A Leadership Council

. 20 Essential Requirements for Success . by Mark Herndon, Chairman of the M&A Leadership Council . We have said it, you have said it, we have all said it. Let’s say it together one more time: “There is NO “cookie-cutter,” formulaic approach to M&A integration success.” There are, however, MANY fundamentally important and essential requirements for success that stand-out as guideposts.

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Delaware Court Of Chancery Dismisses Derivative Claims Challenging Stock Sale Allegedly Based On Adverse Nonpublic Information For Failure To Plead Demand Futility

Shearman & Sterling

On December 15, 2021, Vice Chancellor Lori W. Will of the Delaware Court of Chancery dismissed stockholder derivative claims for breaches of fiduciary duty asserted on behalf The Kraft Heinz Company (the "Company") against an investment firm (the "Investment Firm") that had previously held 24.2% of the Company's shares, as well as against certain alleged dual fiduciaries of the two entities.

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Focus Strategies Investment Banking Advises Hahn on its Acquisition of Statistical Vision

Focus Strategies

Hahn, an Austin-based marketing and communications agency, has acquired Statistical Vision, a Houston-based data science and analytics firm. Focus Strategies, LLC served as the exclusive financial advisor to Hahn throughout the transaction. The post Focus Strategies Investment Banking Advises Hahn on its Acquisition of Statistical Vision first appeared on Focus Strategies Investment Banking.

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Cooley’s 2021 Tech M&A Year in Review

Cooley M&A

General trends in tech M&A. Hello, (virtual) world once again! Despite everyone’s efforts in 2021, including the rollout of vaccines and varying rounds of lockdowns and work-from-home mandates, a true “return to normal” for M&A dealmakers was foiled anew by COVID-19 and its variants. Undeterred by the pandemic, high target valuations, intense competition for attractive assets and regulatory uncertainty, the deal world again proved that robust activity is possible with distributed workfor

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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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M&A in a Pandemic Environment

Trout CPA: M&A

Download the PDF Version By W. Michael Wolfe, CPA/ABV, CVA, Valuation Services Partner at Trout CPA Pandemic Impact on M&A We can now appreciate the normalcy that existed at the end of 2019. There was plenty of M&A activity, lots of “dry powder” with private equity firms, low interest rates, and a great time to sell or buy a business. Then came the COVID-19 pandemic in early 2020 and the ensuing chaos in business – shutdowns, government assistance, labor problems, and most recently, the

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Top 7 Major Reasons to Use Acquisitions for Growth

Sun Acquisitions

Infographic photo created by yanalya – www.freepik.com. Are you wondering why people purchase businesses? When it comes to reasons for pursuing an acquisition there is no one-size-fits-all explanation. The motives for business acquisition are as vast and varied as there are people. Without doubt, acquisition is one of the fastest ways to grow your existing business, acquire assets, and new talent.

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What Does Your Approach to M&A Integration Strategy Look Like?

M&A Leadership Council

. Before Launching Your Next Integration Take a Good Look. by Mark Herndon, Chairman of the M&A Leadership Council . It’s not a trick question: “How do you know you are ready to launch integration planning?” Our answer? Not until you’ve done THIS – created a comprehensive Integration Strategy Framework (ISF). . We’ve studied, consulted, and written extensively about the importance of conducting a thorough ISF.

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Delaware Court Of Chancery Sustains Class Action Claims For Breaches Of Fiduciary Duties And Aiding And Abetting Arising From Alleged Omissions In SPAC Merger Proxy

Shearman & Sterling

On January 3, 2022, Vice Chancellor Lori W. Will of the Delaware Court of Chancery largely denied a motion to dismiss a putative class action brought by the stockholders of Churchill Capital Corp. III, a special purpose acquisition company or "SPAC" ("Churchill") alleging that the company's controlling stockholder, officers, and directors ("the Company Defendants") breached their fiduciary duties and the company's financial advisor aided and abetted that breach

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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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5 M&A Integration Trends to Watch in 2022

Mergerware

After 2020, no one feels confident to be in the predictions business, but I predict with 99.99% certainty that 2021 will go down as the year all prior M&A deal records were broken. It’s an easy prediction since most records were broken this summer. Records reported by Refinitiv in October like number of deals done […].

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Delaware Finds Stockholder Claims Against SPAC Fiduciaries Subject to Entire Fairness Review

Cooley M&A

As SPAC IPOs broke records – in both value and volume – in 2020 (and again in 2021), it was inevitable that stockholder litigation would follow. More than 50% of the SPACs that went public in 2020 and 2021 are incorporated in Delaware, giving particular significance to SPAC litigation filed in Delaware courts. On January 3, in In re MultiPlan Corp. Stockholders Litigation (Del.

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Delaware Court Of Chancery Finds Transfer Restrictions On Stock Issued In Connection With A De-SPAC Merger Inapplicable To A Legacy Operating Company Stockholder Based On The Language Of The Relevant Bylaw

Shearman & Sterling

On January 10, 2022, Vice Chancellor Lori W. Will held that shares of defendant Matterport Inc. ("New Company") issued to plaintiff in connection with the acquisition of Matterport Operating, LLC ("Legacy Company") by a special purpose acquisition company ("SPAC") in a "de-SPAC" merger were not subject to a transfer restriction in the New Company's bylaws.

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Delaware Court Of Chancery Dismisses Derivative Claims Challenging Stock Sale Allegedly Based On Adverse Nonpublic Information For Failure To Plead Demand Futility

Shearman & Sterling

On December 15, 2021, Vice Chancellor Lori W. Will of the Delaware Court of Chancery dismissed stockholder derivative claims for breaches of fiduciary duty asserted on behalf The Kraft Heinz Company (the "Company") against an investment firm (the "Investment Firm") that had previously held 24.2% of the Company's shares, as well as against certain alleged dual fiduciaries of the two entities.

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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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Delaware Court Of Chancery Sustains Class Action Claims For Breaches Of Fiduciary Duties And Aiding And Abetting Arising From Alleged Omissions In SPAC Merger Proxy

Shearman & Sterling

On January 3, 2022, Vice Chancellor Lori W. Will of the Delaware Court of Chancery largely denied a motion to dismiss a putative class action brought by the stockholders of Churchill Capital Corp. III, a special purpose acquisition company or "SPAC" ("Churchill") alleging that the company's controlling stockholder, officers, and directors ("the Company Defendants") breached their fiduciary duties and the company's financial advisor aided and abetted that breach

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Cooley’s 2021 Life Sciences M&A Year in Review

Cooley M&A

General trends in life sciences M&A. Although the COVID-19 pandemic that defined 2020 continued to shape much of the life sciences industry in 2021, the way that it did was markedly different. While 2020’s M&A landscape was characterized by whiplash volatility from choppy deal activity in the first half of the year to a surge in volume in the second half, that momentum accelerated in 2021, with no signs of slowing down heading into 2022.

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Hart-Scott-Rodino Act Thresholds Jump in 2022

Cooley M&A

Basic ‘size-of-transaction’ threshold now $101 million. The Hart-Scott-Rodino Act thresholds, which govern when mergers and acquisitions must be reported to the US Department of Justice and Federal Trade Commission, will jump 9.8% in February 2022. The basic “size-of-transaction” threshold will increase from $92 million to $101 million. The FTC announced the annual revisions on January 21, 2022, based on the change in the US gross national product (GNP) in the government’s last fiscal year.

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Antitrust Trends to Look Out for in 2022

Cooley M&A

One year into his administration, President Joe Biden has made clear that aggressive competition policy is on the agenda. With a team of progressives filling leadership roles at the Federal Trade Commission and in the Antitrust Division of the US Department of Justice, companies are able to predict what the next several years may look like. Lina Khan, a former Columbia Law professor, has headed the FTC since June 15, 2021, and has filled top spots in the Bureau of Competition and Consumer Protec

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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.