Thu.Feb 08, 2024

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Second Circuit Adopts "Transfer-by-Transfer" Approach to Bankruptcy Code's Safe Harbor for Securities Contracts Payments

JD Supra: Mergers

The scope of the Bankruptcy Code's "safe harbor" shielding certain securities, commodity, or forward-contract payments from avoidance as fraudulent transfers has long been a magnet for controversy, particularly after the U.S. Supreme Court suggested (but did not hold) in Merit Mgmt. Grp., LP v. FTI Consulting, Inc., 138 S. Ct.

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Does Your Book Move With You To The New Firm?

H. Friedman Search

Is Your Book Moveable? You have been through the preliminary conversations with a hiring manager, whether in your head or in actuality. As mentioned in previous blogs, this is the question that most people ask themselves in earnest when they begin the interview process. Over these last years of blogs, we have tried to recommend that this should not be the question when you start to interview; instead, you should be asking , “Do you want to learn more?

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U.S. Merger Notification Threshold Increases to $119.5 Million

JD Supra: Mergers

Annual increases in U.S. merger notification thresholds and substantially increased filing fees take effect on March 6, 2024. The Federal Trade Commission ("FTC") announced that the Hart-Scott-Rodino ("HSR") Act filing thresholds will increase again in 2024. These thresholds determine which mergers and acquisitions must be reported to the federal government before consummation.

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Antitrust: FTC Announces New HSR Thresholds

Deal Lawyers

In late January, the FTC announced new thresholds for HSR filings. Here’s an excerpt from this Greenberg Traurig memo with the new numbers: The initial threshold for a notification under the HSR Act will increase from $111.4 million to $119.5 million. For transactions valued between $119.5 million and $478 million (increased from $445.

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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 OCC's new Bank Merger Act rulemaking: Signs of life in bank merger reform?

JD Supra: Mergers

On January 29, the Office of the Comptroller of the Currency (OCC) issued a Notice of Proposed Rulemaking for Business Combinations Under the Bank Merger Act. One element of the rulemaking in particular stands out as a potential harbinger of things to come in the bank merger space: the OCC proposes to eliminate provisions permitting expedited review and a more streamlined application for certain specified transactions.

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More Trending

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Increased Investment Canada Act Review Thresholds Announced for 2024

JD Supra: Mergers

The Canadian government has increased the monetary thresholds to determine whether a net benefit review of a foreign investment in Canada is required under the Investment Canada Act for 2024. All acquisitions of control of Canadian businesses by non-Canadian investors are subject to the Investment Canada Act.

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‘Zombie Offices’ Spell Trouble for Some Banks

The New York Times: Banking

Bank tremors serve as a reminder: Just because a crisis hasn’t hit immediately doesn’t mean commercial real estate pain isn’t coming.

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A Summary and Early Analysis of SEC Final SPAC Rules

JD Supra: Mergers

By vote of 3 to 2, the U.S. Securities and Exchange Commission (SEC or Commission) on Jan. 24, 2024, adopted new rules and amendments (SPAC Rules) pertaining to special purpose acquisition companies (SPACs), with the stated goal to "protect investors by addressing information asymmetries, misleading information and conflicts of interest in SPAC and de-SPAC transactions.".

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EIG-backed MidOcean Energy to acquire SK Earthon’s 20 percent stake in Peru LNG

PE Hub

PLNG is operated by Hunt Oil Company and is one of only two LNG production facilities in Latin America. The post EIG-backed MidOcean Energy to acquire SK Earthon’s 20 percent stake in Peru LNG appeared first on PE Hub.

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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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To Approve a Bank Merger or Not: That Is the Question!

JD Supra: Mergers

On January 29, 2024, the OCC issued a proposed policy statement[1] describing the general principles it uses to evaluate applications for approval of transactions under the Bank Merger Act (“BMA”), principally bank mergers, consolidations, and deposit assumptions (“Business Combinations”).

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Out Of Pocket Expense

Wall Street Mojo

Out Of Pocket Expense Meaning Out-of-pocket expense refers to the direct payment generally made in the form of cash by one which in the future may or may not be borne by an external third party as it does not fall under their liabilities. In business, it can be the employee’s spending which one has spent for business- or work-related purposes.

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HSR Filing Thresholds, Filing Fees, and Penalties Increase for 2024 - Originally published January.26.2024

JD Supra: Mergers

The U.S. Federal Trade Commission (“FTC”) has announced revised filing thresholds as required by the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”), along with adjusted HSR filing fee tiers and amounts.

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Swisscom profit rises on Fastweb growth, declines comment on Vodafone talks

Global Banking & Finance

Swisscom profit rises on Fastweb growth, declines comment on Vodafone talks By Mateusz Dobrzyniewski and Anastasiia Kozlova (Reuters) -Swisscom met expectations with a 4.9% rise in full-year core profit on Thursday boosted by growth in its Fastweb business in Italy.

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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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FTC Announces 2024 HSR Notification Thresholds and Filing Fees

JD Supra: Mergers

On January 22, 2024, the Federal Trade Commission (FTC) announced revised notification thresholds under the Hart-Scott-Rodino Act (HSR Act). If a proposed merger, acquisition of stock, assets or unincorporated interests, or other business combination meets certain thresholds, the parties must notify the FTC and the Antitrust Division of the Department of Justice (DOJ), and observe a waiting period before consummating the transaction.

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S&P 500's run to 5,000 masking some serious issues lurking beneath, according to the charts

CNBC: Investing

If we see less than 50% of S&P 500 members remaining above their 50-day moving average, further upside above the key 5,000 level seems like an unlikely scenario before a more meaningful pullback for stocks.

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Antitrust Review of Defense Mergers: DOD Gets its Own Production of Parties’ Materials in HSR Merger Reviews

JD Supra: Mergers

Parties contemplating transactions in the defense sector need to know about a new obligation to provide materials to the Department of Defense (DOD) that will substantially affect their obligations for transactions that are notified to the US antitrust authorities. This new requirement promises to make DOD even more active in antitrust reviews of defense industry deals.

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Corporate Divestitures for Business Optimization

MergersCorp M&A International

Mergers and acquisitions (M&A) are becoming increasingly common in today’s business landscape as companies look for ways to expand their operations, gain a competitive edge, or streamline their operations. However, while much attention is given to the actual process of merging or acquiring another company, the process of divestiture is often overlooked.

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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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Fewer stocks are participating in this rally. History shows that bodes ill for future returns

CNBC: Investing

Bespoke found a correlation between the share of S&P 500 stocks above a closely-watched moving average of price and the index's future performance.

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Blue Owl teams with Lunate to scout for GP stakes; Baker Tilly to scale up; CPG companies for sale

PE Hub

ACP-backed Marco Rubber & Plastics acquires sixth add-on, Allied Metric O-Rings & Seals. The post Blue Owl teams with Lunate to scout for GP stakes; Baker Tilly to scale up; CPG companies for sale appeared first on PE Hub.

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PayPal plummets as Wall Street likens CEO's strategy to 'turning around the titanic'

CNBC: Investing

PayPal shares plunged by double digits Thursday after a disappointing forecast added to uncertainty around the payments giant.

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After Figma’s $20 Billion Windfall Evaporated, It’s Picking Up the Pieces

The New York Times: Mergers, Acquisitions and Dive

Regulatory scrutiny felled the sale of Figma, a design platform, to Adobe. Now it’s grappling with employee expectations and a changing market.

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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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JPMorgan says oil could rise to the high $80s by May

CNBC: Investing

Brent crude oil futures are poised to rise $10 a barrel over the next three months even without any geopolitical risk premium built in.

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Capital Square Partners invests in growth of Bits In Glass

PE Hub

Bits In Glass is an Edmonton, Alberta-based business process automation consulting company. The post Capital Square Partners invests in growth of Bits In Glass appeared first on PE Hub.

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India is the new Asia growth story. Here’s why investors are bullish on the outlook

CNBC: Investing

As China faces mounting economic challenges, investors are looking to India as Asia's promising growth story.

Investors 109
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ACP-backed Marco Rubber & Plastics acquires manufacturer Allied Metrics O-Rings & Seals

PE Hub

Marco is a sealing solutions provider. The post ACP-backed Marco Rubber & Plastics acquires manufacturer Allied Metrics O-Rings & Seals 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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Short sellers increasing their bets against regional banks amid NYCB's woes

CNBC: Investing

Certain regional banks have been shorted more as concerns stemming from NYCB's weaknesses rise in the sector.

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Blue Owl, Lunate to form JV to invest in mid-sized GPs

PE Hub

The JV will acquire minority stakes in firms with fee-paying assets of less than $10bn. The post Blue Owl, Lunate to form JV to invest in mid-sized GPs appeared first on PE Hub.

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High-yield bonds will be one of the top performers this year, according to State Street. Here's why

CNBC: Investing

High-yield bonds outperformed last year, and State Street's Michael Arone is predicting a repeat performance.

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