Tue.Mar 19, 2024

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DOJ National Security Division Updates Corporate Crime Enforcement Policy and Issues Whistleblower Policy

JD Supra: Mergers

Executive Summary - - On March 7, 2024, the NSD of the DOJ issued an updated NSD Enforcement Policy to include a new section covering VSDs in connection with mergers and acquisitions. - These updates follow repeated statements by senior DOJ leadership on the importance of addressing national security threats in the corporate context, and the related commitment to apply significant additional resources to corporate enforcement efforts in the national security realm.

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D&O Insurance: Check Your Bump-Up Exclusion

Deal Lawyers

This D&O Diary blog from Kevin LaCroix discusses an early March decision by the Eastern District of Virginia that a bump-up exclusion precluded D&O coverage for the $90 million paid by Towers Watson in settlement of claims relating to its January 2016 merger with Willis Group Holdings.

Insurance 111
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“Market Practice Needs to Check Itself” – A Reminder from the Court of Chancery that M&A Practitioners Must Strictly Abide by Statutory Requirements When Approving Mergers

JD Supra: Mergers

In Sjunde AP-Fonden v. Activision Blizzard, Inc., the Delaware Court of Chancery refused to dismiss claims against Activision Blizzard, Inc. (the company) and its board of directors (the board) that the board had violated, among other things, Section 251(b) of the Delaware General Corporation Law (the DGCL) by approving an incomplete merger agreement in connection with the company’s acquisition by Microsoft Corporation (Microsoft).

M&A 159
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UPC: Retaining Limited Broker Discretionary Authority

Deal Lawyers

This HLS blog post from the Shareholder Activism & Takeover Defense Practice at Latham briefly references another funky voting issue coming out of UPC.

Broker 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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The Latham Global IPO Guide - 2024 Edition

JD Supra: Mergers

This Summary does not contain all of the information that you will need to successfully complete your global IPO. You really should read this entire guide as well as the other Latham & Watkins publications referred to in this guide if you want to get the full picture. Actually, you should just hire Latham & Watkins to act as your international counsel and then you will not need to read any of this stuff.

IPO 159

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The Impact of Underlying Insurance Policy Types on Reps and Warranties Insurance and M&A

JD Supra: Mergers

Most forms of insurance fall into one of two categories: claims-made or occurrence-based. This distinction is crucial when you are acquiring a new company and deciding how best to merge the target’s existing insurance coverage with your own. We’ll examine the two underlying insurance categories in this blog and their impact on the reps and warranties insurance that companies should purchase for their merger or acquisition.

Insurance 159
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Unilever to Spin Off Ben & Jerry’s and Cut 7,500 Jobs

The New York Times: Mergers, Acquisitions and Dive

The consumer goods giant said the moves would make for a “simpler, more focused company” as consumers trade down to cheaper brands amid high inflation.

Trading 117
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Forgotten Due Diligence: Overlooked Occupational Safety & Health, OSHA Liabilities During M&A Transactions

JD Supra: Mergers

1. A Nightmare Acquisition - Your Company has recently acquired a small logistics company with a strong business reputation. Eighteen days after the acquisition was finalized, you receive a call that there has been a tragic forklift accident in a warehouse operated by a subsidiary of the newly acquired target company. An employee of a staffing agency was struck by a forklift and is in intensive care.

M&A 159
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Investors press Goldman, again, to disclose more pay-gap data

American Banker - Investment Banking

For the second straight year, Goldman Sachs shareholders have filed a proposal calling for more details on racial and gender pay gaps. The request comes as the investment banking giant faces scrutiny over its lack of high-ranking women leaders.

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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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Earnouts and Their Tax Treatment

JD Supra: Mergers

As buyers and sellers engage in negotiations for the sale of a business, often there may be disagreements as to the value and expected growth of that business. One party might currently value the business higher than the other party does, or there may be economic uncertainty regarding the future performance of the business.

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MarginEdge Acquires Freepour, Empowering Restaurant and Bar Operators with Enhanced Liquor Inventory Management Solution

Global Newswire by Notified: M&A

The leading restaurant management software to integrate Freepour’s 2-in-1 scale and scanner into the robust MarginEdge platform, enhancing precision, speed, and profitability for operators The leading restaurant management software to integrate Freepour’s 2-in-1 scale and scanner into the robust MarginEdge platform, enhancing precision, speed, and profitability for operators

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Healthcare & Life Sciences Private Equity Deal Tracker: Arsenal Acquires Multiple Companies From Fortrea

JD Supra: Mergers

Arsenal Capital Partners will acquire Fortrea’s enabling services segment and patient access businesses, according to a news release. Fortea (Nasdaq: FTRE), a global clinical research organization based in Research Triangle Park, N.C., is divesting its Endpoint Clinical and Fortrea Patient Access businesses in a transaction value at up to $345 million, according to news reports.

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General Electric's final spinoff is days away. It's not too late to profit from the move

CNBC: Investing

GE stock has outperformed the market over the past year as investors bet that the company's break-up will unlock value. Why it's not too late to jump in.

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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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AstraZeneca to buy Canadian cancer specialist Fusion for $2.4bn

The Guardian: Mergers & Acquisitions

Britain’s biggest drugmaker’s latest acquisition will help it to develop new radiotherapy treatments Business live – latest updates Britain’s biggest drugmaker, AstraZeneca, is to buy a Canadian cancer specialist focused on next-generation treatments for $2.4bn (£1.9bn), the latest in a string of acquisitions made to strengthen its portfolio of new medicines.

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Cisco Secure Access named Leader in Zero Trust Network Access

Cisco: M&A

Zero Trust Network Access (ZTNA) is a critical component to increase productivity and reduce risk in today’s hyper-distributed environments.

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Hong Kong Security Law Could Damage City’s Image as Financial Hub

The New York Times: Banking

Some firms have already moved staff out of the city since the Chinese government took a heavier hand in 2020.

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Cisco Launches CCST IT Support Certification: Your Pathway to a Career in IT

Cisco: M&A

Have you ever considered pursuing a career in information technology (IT) or IT support but found yourself unsure of where to start?

IT 98
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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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Here are some of Wall Street’s top derivative plays following Nvidia's latest chip launch

CNBC: Investing

Wall Street is offering up its top picks poised to benefit from Nvidia's latest chip roll out.

IT 98
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Cisco’s Bill Davenport Starts Term on FCC Technological Advisory Council

Cisco: M&A

Today, the Federal Communications Commission’s (FCC) Technological Advisory Council (TAC) held its first meeting, with Cisco Senior Director of Technology and Spectrum Policy Bill Davenport serving… Read more on Cisco Blogs

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Tuesday's analyst calls: Time to buy this home improvement giant, Boeing to rally 50%?

CNBC: Investing

A major home improvement stock and a plane maker were in focus in Tuesday's analyst chatter.

Stock 97
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Atos, a French Tech Giant, Tumbles in Value

The New York Times: Mergers, Acquisitions and Dive

The French government said it would seek “a national solution” to protect Atos, a debt-burdened company that serves nuclear programs and the military.

Debt 77
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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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All the big Nvidia calls after AI conference: Goldman raises target to $1,000, JPMorgan sees 'dominance'

CNBC: Investing

Nvidia CEO Jensen Huang's keynote at the company's blockbuster GTC Conference is giving Wall Street more reason to stay bullish on the chipmaking behemoth.

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IMCD further expands its food and nutrition footprint in Latin America with the acquisition of Bretano

Global Newswire by Notified: M&A

ROTTERDAM, The Netherlands (20 March 2024) – IMCD N.V. (“IMCD” or “Company”), a global leading distribution partner, formulator of speciality chemicals and ingredients, today announces that IMCD has signed an agreement to acquire 100% of the shares of Bretano Costa Rica, S.A., Bretano El Salvador, S.A de C.V., Bretano Guatemala, S.A., and Grupo Bretano México, S. de R.L. de C.V.

Food 64
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Buy this 'stealth' home improvement stock as housing market improves, Loop Capital says

CNBC: Investing

The underperforming retail chain carries a buy rating from the investment firm.

Retail 93
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Finding Your Institution’s Path Forward with Online Enablers

Tyton Partners

The next few years will be a fascinating period for the providers that fall within the “online enablers” category and for the institutions that partner with them. We expect that over 400 institutions will either initiate, renew or change partnerships, or bring capabilities in-house between 2024-2026 – 10% of the accredited institutions in the U.S. Options for both in-house and third-party solutions are growing… The early days of online enablement brought forth the three C’s of Capital, Com

Shares 59
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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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How to bet against Nvidia using options if this is the top of the AI rally

CNBC: Investing

We'll review a bearish options set-up that wins if the semiconductor sector pulls back from highs.

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Atividade do Grupo BEI em Portugal em 2023

European Investment Bank

Em 2023, Portugal foi novamente um dos dez principais beneficiários do financiamento do Grupo BEI, constituído pelo Banco Europeu de Investimento (BEI) e pela sua subsidiária, o Fundo Europeu de Investimento (FEI), na União Europeia, em termos do seu produto interno bruto (PIB). O financiamento no valor de 2,12 mil milhões de EUR concedido pelo Grupo BEI representou 0,8 % do PIB português.

Capital 59
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Stocks making the biggest moves premarket: Nvidia, Unilever, Coinbase and more

CNBC: Investing

Take a look at the stocks making moves before the opening bell on March 19.

Stock 100