Fri.Dec 15, 2023

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2024 Insights: Antitrust

JD Supra: Mergers

As US Antitrust Agencies Double Down on Merger Enforcement Approach, New Deal Strategies Emerge The DOJ and FTC continue to pursue an aggressive merger enforcement agenda with new merger guidelines and filing requirements. Companies can still close deals if they structure them to “go the distance” and have a solid litigation strategy.

Mergers 297
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ESMA considering progressive penalties for settlement fails under CSDR revamp

The TRADE

The European Securities and Markets Authority (ESMA) has published a consultation paper on the CSDR penalty regime seeking input on amendments which may include cash penalties that increase with the length of the settlement fail. The paper follows requests from the European Commission for technical advice on the regulation, with the consultation running to 29 February 2024.

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Transactional Liability Insurance in Renewable Energy and Climate/Clean Technology M&A: Insights Into Deploying a Critical Risk Allocation Tool

JD Supra: Mergers

The renewable energy and climate/clean technology sectors have witnessed substantial growth and investment in recent years, spurred by accelerating energy transition initiatives and financial incentives passed into law. As these sectors continue to expand, mergers and acquisitions (M&A) have played a pivotal role in facilitating business transactions, project acquisitions, and technology transfers.

M&A 189
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Controllers: Does MFW Apply Beyond Squeeze-Outs?

Deal Lawyers

Delaware’s MFW doctrine was originally developed to offer a path to the business judgment rule for squeeze out mergers. Over time, however, its use has expanded into a variety of other settings. MFW’s expansion has attracted some pretty high-profile opposition.

Mergers 120
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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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Desire to harness potential of generative AI drives rising interest in data as an asset

JD Supra: Mergers

Investors are targeting AI developers and buying proprietary data sets to build new AI businesses. Here we explain how to manage risk in this fast-evolving space. When MIT named generative AI as one of its breakthrough technologies of 2023, it couldn’t have predicted that less than a year later the technology would be the top investment priority for global businesses.

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Keying in on the Holidays December 2023 - Missing Persons

JD Supra: Mergers

When an investor chooses a private equity fund, it is a calculated gamble on that fund’s general partner and more specifically its managing principals and the members of the investment team (the “Key Persons”). The Key Persons are the individuals who the investors believe are critical to sourcing, making, managing and exiting from investments to maximize the investor’s return.

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How to bet aggressively on this chipmaker mounting an AI-driven comeback

CNBC: Investing

If you are on board that Intel will reclaim $50 and move higher in 2024, the bullish risk reversal below should allow you to capture any and all AI love that lies ahead for Intel.

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Search for scale and specialist expertise point to increased dealmaking among asset managers

JD Supra: Mergers

Fundraising challenges, higher financing costs, market volatility and an ever-tighter regulatory environment are upping the pressure for M&A among asset managers. Those drivers, however, apply differently depending on which segment of the market you’re looking at.

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HKEX’s chief executive to step down with new succession plans in place

The TRADE

Hong Kong Exchanges and Clearing (HKEX)’s chief executive, Nicolas Aguzin, has announced that he will not seek reappointment at the end of his current contract in May 2024 – as he steps down after three years in the position. During his tenure, Aguzin has overseen the delivery of a number of significant strategic initiatives, led efforts to promote HKEX internationally, opened new offices in New York and London and helped deliver a series of products and platforms, including the growth in HKEX’s

IPO 113
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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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Blakes Competitive Edge™: December 2023 Update

JD Supra: Mergers

Welcome to the December issue of Blakes Competitive Edge, a monthly publication of the Blakes Competition, Antitrust & Foreign Investment group. Blakes Competitive Edge provides an overview of recent developments in Canadian competition law, including updates on enforcement activity by the Canadian Competition Bureau (Bureau), recent initiatives and key trends.

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Russia’s Central Bank Raises Rates to 16 Percent

The New York Times: Banking

The bank warned that its tight monetary policy would continue “for a long period” as it attempts to slow an economy in danger of overheating.

Bank 119
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Merger Control 2024 Canada

JD Supra: Mergers

1 Relevant Authorities and Legislation - 1.1 Who is/are the relevant merger authority(ies)? If relevant, please include details of: (i) independence from government; (ii) who the senior decision-makers are (e.g. Chair, Chief Executive, Chief Economists), how long they have been in position, and their professional background (lawyer, economist, academia, industry, professional services, politics, etc.); and (iii) any relevant key terms of appointment (e.g. duration of appointment) of.

Mergers 159
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Health and Fitness Club Market to Hit USD 112.17 Billion by 2030 | Exclusive Report by Fortune Business Insights™

Global Newswire by Notified: M&A

Companies leading in the Health and Fitness Club Market are 24 Hour Fitness USA, LLC (U.S.), Gold's Gym International, Inc. (U.S.), Life Time, Inc. (U.S), Planet Fitness Franchising, LLC (U.S), CrossFit, LLC (U.S), The Bay Club Company (U.S), Equinox Group (U.S), CRUNCH FITNESS (U.S), Basic-Fit (Netherlands), SATS Group (Singapore), and more players profiled.

Business 105
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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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A Seller’s Duty of Disclosure and Virtual Data Rooms in M&A Deals: German Supreme Court Provides Guidance

JD Supra: Mergers

The German Supreme Court has outlined the duties of sellers to disclose information to purchasers using virtual data rooms, a common practice in M&A deals. The court held that a seller had the burden of proving that a purchaser obtained actual knowledge of material risks attached to a target. The decision came in a case related to the sale of a commercial real estate, but it is safe to assume that the legal principles stipulated by the court will also apply in M&A settings more broadly.

M&A 154
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Fireside Friday with… Grasshopper’s Alex Wong

The TRADE

What are the key intricacies when trading in Asia? I understand that there are a number of European HFTs [high frequency trading firms] and market makers that are moving into the Asian markets because profitability here has been through the roof. But, if a European company has the desire to move in and simply attempt to plug and play their models into Asia, I suspect that they’re going to be in for a rude shock.

Broker 104
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Insiders at companies such as Ford were buying big during this week's market rally

CNBC: Investing

CNBC Pro screened for the U.S. companies with the biggest purchases filed over the past week. Each of these names have at least $1 billion in market cap.

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Shaping the Future of Finance: The Cisco and AWS Collaboration in EMEA

Cisco: M&A

The collaboration between Cisco and Amazon Web Services (AWS) in the Europe, Middle East, and Africa (EMEA) region—combining each company’s market leading strengths—continues to deliver impressive out… Read more on Cisco Blogs

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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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This fund manager says defense will be the key in 2024 as recession risks linger. 5 stocks to buy

CNBC: Investing

The market may be in the midst of a historic rally, but one fund manager isn't convinced. These 10 stocks could be good defensive buys for 2024.

Funds 107
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Toaster Market Size to Reach USD 5.71 Billion by 2030 | Exclusive Report by Fortune Business Insights™

Global Newswire by Notified: M&A

Key companies covered in toaster market are Panasonic Corporation (Japan), LG Electronics (South Korea), Samsung Electronics Co. Ltd. (South Korea), Gorenje (Slovenia), Haier Group Corporation (China), De’Longhi S.p.A. (Italy), Severin Elektrogerate GmbH (Germany), BSH Hausgeräte GmbH (Germany), HAEGER (U.S.), Walton Hi-Tech Industries Ltd. (India), and more players profiled.

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Jefferies says 'all aboard' the solar stock roller coaster, names its top picks for 2024

CNBC: Investing

Analyst Dushyant Ailani is now calling for investors to get "aboard the solar coaster" with utility scale companies best positioned.

Utilities 108
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Battalion Oil Corporation Announces Acquisition By Fury Resources, Inc.

Global Newswire by Notified: M&A

Houston, Texas, Dec. 15, 2023 (GLOBE NEWSWIRE) -- Battalion Oil Corporation (NYSE American: BATL) (“Battalion” or the “Company”) announced today that it had entered into an Agreement and Plan of Merger (the “Merger Agreement”) with Fury Resources, Inc. (“Buyer” or “Parent”), pursuant to which Parent will acquire all of the outstanding shares of Common Stock of the Company (the “Common Stock”), for $9.80 per share in cash (the “Merger Consideration”), which represents a total transaction value of

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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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Trends don't run forever. These ETFs can be contrarian winners in 2024

CNBC: Investing

Investors have ignored these ETFs in 2023, but there's reason to think that could change in the new year.

Investors 108
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Vista’s Patrick Severson: Promising enterprise software sectors in 2024 include cybersecurity, energy transition, healthcare IT

PE Hub

Vista signed two platform investments, TRG Screen and Energy Exemplar, in H2 despite the deal downturn. The post Vista’s Patrick Severson: Promising enterprise software sectors in 2024 include cybersecurity, energy transition, healthcare IT appeared first on PE Hub.

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Investors seeking a high-quality bond fund can find one in this 'solid' offering, says Morningstar

CNBC: Investing

The actively managed VFIDX currently has a 30-day SEC yield of 5.43% and an expense ratio of just 0.10%.

Investors 109
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TorQuest Partners racks up $2.1bn for sixth fund

PE Hub

Fund VI's limited partners include including public and private pension plans, endowments, sovereign wealth funds, financial institutions, insurance companies and family offices. The post TorQuest Partners racks up $2.1bn for sixth fund appeared first on PE Hub.

Funds 79
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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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Friday's analyst calls: Solar stock with big upside, top retail plays for 2024

CNBC: Investing

Friday's analyst calls included a big solar call along with retail plays for the new year.

Retail 107
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KSL promotes Adamson, Edsinger, Rohnstock and Yu to partner

PE Hub

Also, the private equity firm has upped Michael Acierno and Harris Levinson to principal. The post KSL promotes Adamson, Edsinger, Rohnstock and Yu to partner appeared first on PE Hub.

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KKCG Reaches Agreement to Acquire Global Technology Platform Avenga from Oaktree and Cornerstone

Global Newswire by Notified: M&A

PRAGUE, Czech Republic, Dec. 15, 2023 (GLOBE NEWSWIRE) -- KKCG, a leading European investment and innovation group, today announces its agreement to acquire Avenga, an end-to-end software engineering and consulting platform from funds managed by Oaktree Capital Management, L.P. (“Oaktree”) and funds managed by Cornerstone Investment Management, L.P.