Tue.Nov 07, 2023

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Update on Abuse of Dominance: New Competition Bureau Guidance and First Private Access Application

JD Supra: Mergers

The Competition Bureau’s new guidance on and the amendments to the abuse of dominance provisions in the Competition Act significantly expand the scope of these provisions. These developments, coupled with private access to the Competition Tribunal, have the potential to significantly increase the use of the abuse of dominance provisions and enable private parties to resolve commercial disputes using the Competition Act.

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DOJ Safe Harbor: Not Everyone’s a Fan

Deal Lawyers

For many deal lawyers and other M&A participants, the DOJ’s recently announced safe harbor for voluntary disclosure of misconduct discovered in connection with an acquisition is considered a positive development. But it turns out that not everyone is a fan of the program.

M&A 120
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A Guide to the Corporate Transparency Act.

JD Supra: Mergers

The purpose of the Corporate Transparency Act isto “better enable critical nationalsecurity, intelligence, and law enforcement efforts to counter money laundering, the financing of terrorism, and other illicit activity” by creating a national registry of beneficial ownership information for “reporting companies.” Please see full Publication below for more information.

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Consumers are still spending, but they're under pressure. These stocks still have room to run

CNBC: Investing

The average American consumer is choosing to treat themselves with the occasional splurge, while saving where they can.

Stock 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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The Corporate Transparency Act: Beneficial Ownership Reporting Requirements for Certain Companies Doing Business in the United States

JD Supra: Mergers

Beginning January 1, 2024, certain privately held companies, known as “reporting companies,” will be required to file a Beneficial Ownership Information (BOI) Report to identify, and provide personal information about, their direct and indirect owners to the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) under the reporting rules of the Corporate Transparency Act (CTA) and the underlying regulations.

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PE Firms on FTC and DOJ's Naughty List?

JD Supra: Mergers

The FTC and DOJ have continued their efforts to take action against private equity firms for engaging in serial acquisitions (so-called "roll-ups"). The agencies claim that these deals increase prices and degrade quality for consumers, while allowing the investor groups to profit.

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Re/Max shares tumble as Morgan Stanley warns of litigation risks in wake of landmark realtor conspiracy ruling

CNBC: Investing

A federal jury found the National Association of Realtors and some large residential brokerages liable for $1.78 billion in damages.

Shares 130
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[Video] The Informed Board Podcast | How Will Corporate DEI Policies Be Affected by the Supreme Court Ruling in the University Affirmative Action Cases?

JD Supra: Mergers

The latest episode of the Informed Board podcast features a discussion of the potential implications for U.S. companies of the U.S. Supreme Court decision in June striking down race-based affirmative action programs in higher education. Our host, Skadden M&A partner Ann Beth Stebbins, leads a discussion with David E. Schwartz, global head of Skadden’s labor and employment group, and Lara A.

Education 142
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UBS says these software stocks can maximize AI, have 30% upside

CNBC: Investing

As the use cases for artificial intelligence permeate society, these four stocks could be beneficiaries, according to UBS.

Stock 122
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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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Addressing The Enforceability Of Con Ed Provisions In Merger Agreements, Delaware Court Of Chancery Rejects Petition For Post-Closing Mootness Fee, Finding Stockholders Lacked Third-Party Beneficiary Standing To Seek Lost-Premium Damages  

JD Supra: Mergers

On October 31, 2023, Chancellor Kathaleen St. J. McCormick of the Delaware Court of Chancery issued final judgment denying a petition for a mootness fee award to a stockholder—who had previously asserted claims for breach of a merger agreement—after the merger closed. Crispo v. Musk, No. 2022-0666-KSJM (Del. Ch. Oct. 31, 2023). The Court explained that, to obtain a mootness fee, a “plaintiff-stockholder must demonstrate that his mooted claim was meritorious when filed.

Mergers 142
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UPI Fraud: Preventing UPI Payment Fraud and Types

Razorpay

UPI frauds are becoming increasingly common in India due to the rise of digital transactions. There were over 95,000 cases of UPI fraud reported in the 2022-23 financial year, according to finance ministry data. Understanding the types of UPI payment frauds can help you stay safe. Fraudsters often employ tactics such as UPI ID fraud, where they create fake IDs to deceive users.

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Safe Harbor Policy Bolsters Case for Strong Environmental Due Diligence in M&A Transactions

JD Supra: Mergers

The U.S. Department of Justice (DOJ) in October delivered a clear message to companies involved in mergers and acquisitions (M&A) and their advisers: Acquiring companies will not be penalized for timely voluntary disclosure of criminal conduct of the acquired entities. This departmentwide Safe Harbor Policy, announced by U.S. Deputy Attorney General Lisa Monaco at the….

M&A 136
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Payment Fraud: What Is It, Types and How to Prevent It?

Razorpay

Onlinе paymеnt fraud is a sеrious and growing problem in thе digital world. It rеfеrs to any fraudulеnt or unauthorisеd transaction that occurs onlinе using a paymеnt mеthod such as a crеdit card, dеbit card, NеtBanking, UPI or wallеt. Onlinе paymеnt fraud can occur in various ways, such as phishing, data thеft, idеntity thеft or chargеback fraud. In this article, we will discuss thе diffеrеnt typеs of onlinе paymеnt fraud, their impact on businеssеs and customers, and the strategies to prevent

IT 98
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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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How Splunk and Cisco will Keep Customers at the Center

Cisco: M&A

This blog is co-authored by Gary Steele, President & CEO of Splunk. Gary Steele , President & CEO of Splunk A lot has happened since we announced our agreement to combine Cisco and Splunk.

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HCI Equity Partners recaps automotive accessories provider Tri-State Enterprises

PE Hub

Tri-State was founded in 1977 and acquired by long-time employee Tristan Taylor in 2015. The post HCI Equity Partners recaps automotive accessories provider Tri-State Enterprises appeared first on PE Hub.

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A bearish bet on the S&P 500 for investors that don't believe in this comeback

CNBC: Investing

Last week's mind-boggling rally following the Federal Reserve's decision to forgo another rate hike caught many investors by surprise.

S&P 104
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China Finance and Real Estate Sectors Threaten Economy, I.M.F. Says

The New York Times: Banking

The International Monetary Fund warned of risks from overstretched lenders and developers even as it raised economic growth forecasts for this year and next.

Finance 94
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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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These bond funds withstood the 2008 and 2020 recessions. What investors can learn from them

CNBC: Investing

Recession fears are looming, but a few intermediate core bond funds have a track record of success.

Funds 126
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Time to Simplify: A Fresh Look at Infrastructure and Operations for Artificial Intelligence

Cisco: M&A

The hype triggered by the emergence of generative artificial intelligence (AI) feels a lot like the early days of cloud, bringing the topic—and the need for a strategy—to the front of the IT leader ag… Read more on Cisco Blogs

IT 87
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Tuesday's analyst calls: Retail stocks that can win, Peloton gets downgraded

CNBC: Investing

Evercore ISI initiated several retail names with outperform ratings. Meanwhile, Deutsche Bank downgraded Peloton.

Retail 117
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MidOcean buys workplace safety training provider Smith System from LLCP

PE Hub

Robert W. Baird & Co. and Kirkland & Ellis LLP advised LLCP and Smith System in connection with the transaction. The post MidOcean buys workplace safety training provider Smith System from LLCP appeared first on PE Hub.

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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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Bank stocks could be the hot year-end trade if peak rates prove a ‘mini clearing event’

CNBC: Investing

Bank stocks have come under pressure this year as rising interest rates weighed on margins.

Bank 124
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Ardian acquires $2.1bn PE portfolio from CPP Investments; Lincoln Road scoops up landscaping deals

PE Hub

Lincoln Road bets on landscaping services. The post Ardian acquires $2.1bn PE portfolio from CPP Investments; Lincoln Road scoops up landscaping deals appeared first on PE Hub.

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Cisco further delivers on Full-Stack Observability ecosystem vision

Cisco: M&A

Innovative new partner modules built on the Cisco Observability Platform across five critical themes: Business Insights, SAP Visibility, Networking, MLOps & SLO, and Sustainability We are pleased to… Read more on Cisco Blogs

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OMERS to buy 5% indirect stake in Maple Leaf Sports & Entertainment

PE Hub

MLSE owns the Toronto Maple Leafs, the Toronto Raptors, the Toronto Argonauts and other sports teams. The post OMERS to buy 5% indirect stake in Maple Leaf Sports & Entertainment appeared first on PE Hub.

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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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Top auto analyst Jonas lists 4 things Tesla could do to stop its slide

CNBC: Investing

The analyst has a few ideas in mind for how the EV maker can turn around its stock slump.

IT 115
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Ardian scoops up $2.1bn portfolio from CPP Investments

PE Hub

The portfolio comprises 20 limited partnership interests, a majority of which are North American but also includes European buyout funds. The post Ardian scoops up $2.1bn portfolio from CPP Investments appeared first on PE Hub.

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Goldman double upgrades this under-the-radar cloud stock with nearly 40% upside

CNBC: Investing

Shares of this cloud service provider are attractively priced, the firm said.

Stock 111