Tue.Jan 02, 2024

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What 2023 Brought to Compliance

JD Supra: Mergers

2023 was a very significant year for every compliance practitioner and compliance program. While there was a paucity of corporate enforcement actions under the Foreign Corrupt Practices Act (FCPA), there were significant announcements from the Department of Justice (DOJ) which directly impact compliance professionals and compliance programs.

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Activism: Del. Chancery Scrutinizes Advance Notice Bylaw Amendments

Deal Lawyers

Following implementation of the SEC’s universal proxy rules, disputes about activists’ compliance with advance notice bylaws have become one of the key battlegrounds in proxy contests. Last week, in Kellner v. AIM Immunotech, (Del. Ch.; 12/23), the Chancery Court addressed a challenge to amendments to a company’s advance notice bylaw adopted during a proxy contest.

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The Corporate Transparency Act: Ready, Set, Go!

JD Supra: Mergers

It’s official: the Corporate Transparency Act (the “Act”) has gone into effect January 1, 2024. On December 21, 2023, the Financial Crimes Enforcement Network (“FinCEN”) issued its second final rule establishing the framework for access to and protection of beneficial ownership information (“BOI”) pursuant to the CTA. During the final day of 2023, it was clear that FinCEN was preparing itself to begin the BOI reporting as of January 1, 2024.

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'Big Short' investor Steve Eisman worries 'everybody is coming into the year feeling too good,' sees room for disappointment

CNBC: Investing

Steve Eisman of Neuberger Berman sees little tolerance for things going wrong. He warns the Federal Reserve will likely cut rates fewer times than expected.

Investors 145
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Navigating the Future: Generative AI, Application Analytics, and Data

Generative AI is upending the way product developers & end-users alike are interacting with data. Despite the potential of AI, many are left with questions about the future of product development: How will AI impact my business and contribute to its success? What can product managers and developers expect in the future with the widespread adoption of AI?

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A Brief Look at Direct SPAC Cases

JD Supra: Mergers

Special purpose acquisition companies (“SPACs”) have been in the litigation spotlight recently. As SPAC disputes play out in courts nationwide, one especially interesting field of play is in the Delaware Chancery courts where SPAC shareholders are pursuing breach of fiduciary duty cases against SPAC sponsors, officers, and directors. How did this litigation develop, and where does it stand now?

More Trending

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Corporate Transparency Act Applied to M&A

JD Supra: Mergers

The Corporate Transparency Act (CTA), designed to combat the use of shell companies for illicit purposes and increase ownership transparency in corporate structures, takes effect on January 1, 2024. As discussed in more detail in The Corporate Transparency Act: What To Know and Expect Starting January 1, 2024, the CTA will require an estimated 30 million entities not specifically exempted under the CTA—known as Reporting Companies —to identify and report to the U.S.

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European shares kick off 2024 on dour note; tech stocks lead declines

Global Banking & Finance

European shares kick off 2024 on dour note; tech stocks lead declines By Ankika Biswas and Shashwat Chauhan (Reuters) -Europe’s benchmark stock index capped off the first trading day of the New Year lower with technology stocks amongst top decliners on Tuesday, as traders bid adieu to an upbeat 2023 that was fuelled by expectations […]

Stock 102
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European Competition Law Newsletter – January 2024

JD Supra: Mergers

UK CMA Provides First Informal Guidance on Environmental Sustainability Agreement - On 14 December 2023, the UK Competition and Markets Authority (CMA) published its first informal guidance on the application of UK competition law to an environmental sustainability agreement.

IT 159
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For investors, 2024 is year of transition to a new economic order

Global Banking & Finance

For investors, 2024 is year of transition to a new economic order By Paritosh Bansal (Reuters) – Investors appear convinced that major Western central banks are close to a much awaited pivot, from raising interest rates to cutting them.

Economics 102
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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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Chancery Finds Defendants Liable for Fraud Based on the Failure to Disclose Internal Billing Practices

JD Supra: Mergers

NetApp Inc. v. Cinelli, C.A. No. 2020-1000-LWW (Del. Ch. Aug. 2, 2023) - This decision arose out of the sale of the company Cloud Jumper to NetApp, Inc. The seller’s management had been recording internal software use as revenue in its unaudited financial statements but never disclosed this practice to the buyer in the sale’s process. In this post-trial opinion, in addition to breaches of contract, the Court of Chancery held that the defendants were liable for fraud because they failed to.

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‘It was a miracle’: How passengers escaped a JAL fireball in Tokyo

Global Banking & Finance

‘It was a miracle’: How passengers escaped a JAL fireball in Tokyo By Daniel Leussink and Yoshifumi Takemoto HANEDA AIRPORT, Tokyo, Japan (Reuters) – The flight between the northern city of Sapporo and Tokyo’s Haneda airport is Japan’s busiest air route, and one of the most frequent services anywhere in the world.

IT 101
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Chancery Upholds Claims Against LLC Officers and Others Arising from Squeeze-Out of Minority Unitholders

JD Supra: Mergers

Cygnus Opportunity Fund, LLC v. Washington Prime Group, LLC, C.A. No. 2022-0718-JTL (Del. Ch. Aug. 9, 2023) - An Indiana corporation reorganized via bankruptcy into a Delaware LLC, and a senior note holder negotiated for nearly 90 percent of the equity. The LLC agreement required that at least one member of the five-member board of managers be independent.

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Hedge fund investor Dan Niles unveils his top picks for 2024, including Amazon and Meta

CNBC: Investing

The founder and senior portfolio manager of the Satori Fund selected two names from the so-called Magnificent Seven as his favored shares for the new year.

Funds 102
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How Embedded Analytics Gets You to Market Faster with a SAAS Offering

Start-ups & SMBs launching products quickly must bundle dashboards, reports, & self-service analytics into apps. Customers expect rapid value from your product (time-to-value), data security, and access to advanced capabilities. Traditional Business Intelligence (BI) tools can provide valuable data analysis capabilities, but they have a barrier to entry that can stop small and midsize businesses from capitalizing on them.

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Oil prices stable as economic headwinds offset Red Sea disruptions

Global Banking & Finance

Oil prices stable as economic headwinds offset Red Sea disruptions By Georgina McCartney HOUSTON (Reuters) -Oil prices were little changed in the first session of the new year, as the impact of economic headwinds unravelled gains from potential disruptions to supply due to tensions in the Red Sea.

Economics 101
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Ara Partners acquires USD Clean Fuels

PE Hub

As part of the transaction, USDCF has also acquired the West Colton Rail Terminal, a biofuels terminal in California. The post Ara Partners acquires USD Clean Fuels appeared first on PE Hub.

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Japan quake toll rises to 55 with many trapped under possibly thousands of homes

Global Banking & Finance

Japan quake toll rises to 55 with many trapped under possibly thousands of homes By Kiyoshi Takenaka, Sakura Murakami and Kantaro Komiya WAJIMA, Japan (Reuters) – A powerful earthquake that hit Japan on New Year’s Day killed at least 55 people, with rescue teams struggling in freezing temperatures on Tuesday to reach coastal areas where […]

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How to profit from the bearish start to 2024 with a bet against the small-cap benchmark

CNBC: Investing

The markets saw an almost vertical rally in the last two months of December and this has propelled all major indices into overbought territory.

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Embedding BI: Architectural Considerations and Technical Requirements

While data platforms, artificial intelligence (AI), machine learning (ML), and programming platforms have evolved to leverage big data and streaming data, the front-end user experience has not kept up. Holding onto old BI technology while everything else moves forward is holding back organizations. Traditional Business Intelligence (BI) aren’t built for modern data platforms and don’t work on modern architectures.

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Global stocks retreat, Treasury yields rise as rate cut optimism fades

Global Banking & Finance

Global stocks retreat, Treasury yields rise as rate cut optimism fades By Herbert Lash and Elizabeth Howcroft NEW YORK/LONDON (Reuters) -Stocks on Wall Street and in Europe fell on Tuesday, along with prices for U.S. and other government debt, as market optimism that the Federal Reserve will cut interest rates sharply this year faded.

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Bitcoin could soon test $50,000 after its new year rally, according to chart analysts

CNBC: Investing

Bitcoin popped to start the new year as eager investors drove the price to nearly $46,000 on Tuesday.

IT 127
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Platinum Equity to acquire organic milk producer Horizon Organic and yogurt brand Wallaby

PE Hub

Danone is a global food and beverage company. The post Platinum Equity to acquire organic milk producer Horizon Organic and yogurt brand Wallaby appeared first on PE Hub.

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Here are Bank of America's top long and short ideas for the first quarter

CNBC: Investing

As the new year kicks off, Bank of America is laying out some of its top long and short ideas for the first quarter.

Bank 107
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How to Leverage AI for Actionable Insights in BI, Data, and Analytics

In the rapidly-evolving world of embedded analytics and business intelligence, one important question has emerged at the forefront: How can you leverage artificial intelligence (AI) to enhance your application’s analytics capabilities? Imagine having an AI tool that answers your user’s questions with a deep understanding of the context in their business and applications, nuances of their industry, and unique challenges they face.

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Advent-backed Imperial Dade acquires janitorial and sanitation products provider Insight Distributing

PE Hub

Imperial Dade is a distributor of foodservice packaging supplies, industrial products, and janitorial supplies. The post Advent-backed Imperial Dade acquires janitorial and sanitation products provider Insight Distributing appeared first on PE Hub.

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The power of lending relationships in syndicated loans

Global Banking & Finance

The power of lending relationships in syndicated loans Borrowing from relationship banks could save millions of dollars for borrowers in the primary market of syndicated loans, says Yafei Zhang, Lecturer in Finance at Alliance Manchester Business School. Syndicated loans are among the most important external financing sources for firms all over the world.

Finance 85
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Arcline-backed DwyerOmega acquires measurement instruments provider Mijoco

PE Hub

The deal also includes the acquisition of Weiss Instruments, which Miljoco acquired in 2022. The post Arcline-backed DwyerOmega acquires measurement instruments provider Mijoco appeared first on PE Hub.

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Magnificent 7 member gets downgraded to start 2024 as Barclays lowers rating on Apple

CNBC: Investing

The bank lowered its rating on the tech giant to underweight from equal weight.

Bank 117
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Embedded Analytics Insights for 2024

Organizations look to embedded analytics to provide greater self-service for users, introduce AI capabilities, offer better insight into data, and provide customizable dashboards that present data in a visually pleasing, easy-to-access format. To better understand the factors behind the decision to build or buy analytics, insightsoftware partnered with Hanover Research to survey IT, software development, and analytics professionals on why they make the embedded analytics choices they do.

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Avista Capital appoints Duchin as strategic exec

PE Hub

Most recently, Duchin served in various senior executive roles at Bayer Consumer Care. The post Avista Capital appoints Duchin as strategic exec appeared first on PE Hub.

Capital 79
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This long-time underperforming group can be a ‘catch up’ trade in 2024, Carter Worth says

CNBC: Investing

Gold mining stocks underperformed the broader stock market and the price of gold in 2023.

Trading 106
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Gemspring-backed Amplix snaps up tech advisor Go2 Communications

PE Hub

Based in Norwood, Massachusetts, Amplix is a provider of strategic technology advisory, consulting, implementation, and managed services. The post Gemspring-backed Amplix snaps up tech advisor Go2 Communications appeared first on PE Hub.