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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Guide to Business Writing

Everything you need to know about better business writing in one place. This is a complete guide to business writing — from a clear business writing definition to tips on how to hone your business writing skills.

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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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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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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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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.

Sale 124
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The Big Payoff of Application Analytics

Outdated or absent analytics won’t cut it in today’s data-driven applications – not for your end users, your development team, or your business. That’s what drove the five companies in this e-book to change their approach to analytics. Download this e-book to learn about the unique problems each company faced and how they achieved huge returns beyond expectation by embedding analytics into applications.

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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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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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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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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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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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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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Whistler Capital backs healthcare delivery services firm AmeriPro

PE Hub

The transaction is expected to close in the first quarter of fiscal year 2024. The post Whistler Capital backs healthcare delivery services firm AmeriPro appeared first on PE Hub.

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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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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.

Sale 105
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Monetizing Analytics Features

Think your customers will pay more for data visualizations in your application? Five years ago, they may have. But today, dashboards and visualizations have become table stakes. Turning analytics into a source of revenue means integrating advanced features in unique, hard-to-steal ways. Download this white paper to discover which features will differentiate your application and maximize the ROI of your analytics.

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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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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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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.

S&P 111
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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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How To Package & Price Embedded Analytics

Just by embedding analytics, app owners can charge 24% more for their product. How much value could you add? This framework from Software Pricing Partners explains how application enhancements can extend your product offerings. You’ll learn: How to take a disciplined approach to pricing The three elements of the Packaging Decision Framework Ways to structure your new embedded analytics offering Download the White Paper to learn about How To Package & Price Embedded Analytics.

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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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KSL Capital’s Alterra Mountain to buy Dream’s Arapahoe Basin

PE Hub

Arapahoe Basin, which hosts the longest ski and ride season in Colorado, was acquired by Dream in 1997. The post KSL Capital’s Alterra Mountain to buy Dream’s Arapahoe Basin appeared first on PE Hub.

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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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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: A Force Multiplier for Business

The possibilities for embedded analytics to drive real value for businesses, end users, and society are as fascinating as they are limitless. No matter the industry, brand after brand is finding that analytics can be the solution to a multitude of business challenges. Go deep with five insightsoftware customers as they share the details of their analytics journeys and discuss the transformative power of data.

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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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Mainsail Partners backs business management software firm Teamfront

PE Hub

The capital infusion will be used by Teamfront for expansion. The post Mainsail Partners backs business management software firm Teamfront appeared first on PE Hub.

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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.