Wed.Apr 17, 2024

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Takeaways for In-House Counsel from the SEC’s “Shadow Insider Trading” Trial

JD Supra: Mergers

On April 5, 2024, a jury in California federal court found a former corporate executive liable for insider trading in SEC v. Panuwat, a novel enforcement action involving a theory known as “shadow trading.” In Panuwat, the U.S. Securities and Exchange Commission (SEC) takes the position that the insider trading laws apply where an insider uses material non-public information about his or her own company to trade securities of another company, such as a competitor or peer company in the same.

Trading 187
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National Security: Treasury Proposes Expansion of CFIUS Enforcement Authority

Deal Lawyers

Late last week, the Treasury Department announced the issuance of a Notice of Proposed Rulemaking “to enhance certain CFIUS procedures and sharpen its penalty and enforcement authorities.

Insiders

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Australia's Climate Disclosure Regime Moves Closer to Implementation Beginning 1 January 2025

JD Supra: Mergers

On 27 March 2024, Australia's climate disclosure regime moved a significant step closer to implementation, with the federal government's introduction of proposed legislation into Parliament. Any organisations with a presence in Australia should assess whether they are subject to the regime and, if so, commence planning for compliance.

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Nike shares may be forming a triple bottom. How to bet on a comeback using options

CNBC: Investing

Nike has underperformed the market, but recently growth expectations from analysts have bottomed. We'll discuss how an options trade to bet on a turnaround.

Shares 110
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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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New Insider Trading Precedent: Time To Update Insider Trading Policy

JD Supra: Mergers

On April 5, 2024, the Securities and Exchange Commission (the “SEC”) obtained a verdict after an eight-day civil jury trial in SEC v. Matthew Panuwat (“SEC v. Panuwat”), in which the SEC alleged shadow insider trading, in violation of the federal securities laws. The SEC’s complaint alleged that Panuwat used highly confidential information of his employer, Medivation, Inc.’s (“Medivation”) upcoming acquisition by Pfizer Inc.

Trading 177

More Trending

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Additional States Implement Notice Requirements for Healthcare Transactions

JD Supra: Mergers

In a prior blog post, we noted the trend of states enacting legislation implementing reporting requirements for certain healthcare transactions. On March 13, 2024, Indiana joined this trend as Indiana Governor Eric Holcomb enacted Senate Enrolled Act No. 9 (the Act). The Act mandates that, effective July 1, 2024, Indiana health care entities involved in a merger or acquisition with another health care entity with total assets of at least ten million dollars ($10,000,000) must notify the Office.

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Wednesday's analyst calls: Tesla price target cuts, GE spinoff to pop more than 20%

CNBC: Investing

Two of Wednesday's biggest calls on Wall Street centered around a major electric vehicle maker and a newly spun-off energy company.

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Final HSR Filing Requirements Are Coming Soon: The Significant Data Implications

JD Supra: Mergers

The wait for the final version of the revised Hart-Scott-Rodino (HSR) Filing Requirements is drawing to an end. At the ABA Antitrust Spring Meeting in Washington last week, Andrew Forman, a deputy assistant attorney general in the Department of Justice’s Antitrust Division, stated that the new rules will be issued in “weeks, as opposed to months.” He also noted that the Federal Trade Commission is leading the charge in formulating the new rules.

Trading 167
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Hedge funds told to strengthen liquidity preparedness for margin and collateral calls

The TRADE

The Financial Stability Board (FSB) has released a consultation report highlighting the need for policy adjustments to address liquidity strains in the non-bank financial intermediaries (NBFI) sector – such as hedge funds – particularly during periods of heightened margin and collateral calls amidst market stress. Reflecting on past instances such as the March 2020 turmoil, Archegos incident, and stress in liability-driven investment funds in 2022, the report underscores the impact of suc

Funds 95
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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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Seventh Circuit Decision Outlines Framework To Allow Courts To Evaluate Individual Mootness Fees in Merger Challenge Lawsuits

JD Supra: Mergers

The U.S. Court of Appeals for the Seventh Circuit in Jorge Alcarez, et al. v. Akorn Inc., et al. mapped out one means by which a court may evaluate mootness fees paid to individual shareholders after the voluntary dismissal of an action challenging a public company merger. Specifically, the Seventh Circuit held that although a district court does not have the inherent power to review a mootness fee paid to an individual shareholder following the voluntary dismissal of a suit under Rule 41(a) of.

Mergers 161
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Cisco Hypershield: A New Era of Distributed, AI-Native Security

Cisco: M&A

AI is transformative, driving huge productivity gains. The engine of AI — the data center — will grow substantially, maybe an order of magnitude or more over the coming years.

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Significant Recent Decisions Relevant To Private Company M&A

JD Supra: Mergers

In navigating the complex world of private company mergers and acquisitions (M&A), understanding recent legal decisions is paramount. This white paper serves as a guide, distilling intricate court rulings into digestible insights for business professionals. From governance disputes to acquisition agreement nuances, each case discussed sheds light on pivotal aspects of M&A transactions.

M&A 161
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These three restaurant stocks are poised for an earnings boost, Jefferies says

CNBC: Investing

A few select restaurant chains will emerge as the winners going into the first-quarter earnings season, according to Jefferies.

Stock 112
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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 “special merger control regime” for Energy Network Enterprises

JD Supra: Mergers

What has changed? The Energy Act 2023 introduces a new UK merger control regime under which all mergers between energy network companies active in the UK can be assessed for their impact on Ofgem’s ability to make comparisons between energy networks. Transactions can be blocked/unwound where such impact is found to be prejudicial.

Mergers 161
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Bitcoin miners’ main revenue stream is about to be slashed. Here’s what investors need to know

CNBC: Investing

The bitcoin halving is set to take place in the next few days, which will cut miners' main stream of revenue in half.

Investors 113
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Cisco Hypershield: Reimagining Security

Cisco: M&A

It is no secret that cybersecurity defenders struggle to keep up with the volume and craftiness of current-day cyber-attacks.

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These are Morgan Stanley's top picks into quarterly earnings

CNBC: Investing

The firm's list of top stocks that could bounce on earnings includes a top artificial intelligence play and an e-commerce giant.

Stock 106
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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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The Benefits of Opening an IRA Online

Global Banking & Finance

The Benefits of Opening an IRA Online People spent an average of 401 minutes on the Internet daily in the second quarter of 2023 – the longest in more than a year. While personal finance hardly tops the list of people’s favorite activities online, the sector is undergoing quite a revolution.

Finance 85
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This little-known stock is one of the few making new highs. The charts signal it can keep going

CNBC: Investing

Frank Cappelleri discusses a little-known industrial stock that is breaking out and bucking the market's recent downtrend.

Stock 105
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Supercharging Cisco XDR with AI and Identity Intelligence at RSAC 2024

Cisco: M&A

Cisco XDR is a leader in providing comprehensive threat detection and response across the entire attack surface.

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This fixed income play touts yields upward of 6% — and the risk is relatively low, Bank of America says

CNBC: Investing

The firm recently began coverage of exchange-traded funds focused on collateralized loan obligations.

Funds 105
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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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The network effect: The secret weapon for smart manufacturing

Cisco: M&A

The Cisco team will be attending Hannover Messe next week, and we’re excited to network with our customers and industry leaders!

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A four-day work week could be coming as AI proliferates — and these companies could capitalize

CNBC: Investing

Investors believe a four-day work week could boost leisure-related stocks.

Capital 115
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F.T.C. Said to Consider Blocking Major Fashion Merger

The New York Times: Mergers, Acquisitions and Dive

Regulators are expected to meet next week to discuss the $8.5 billion deal between Coach’s owner, Tapestry, and Michael Kors’ parent company, Capri Holdings, which would create a U.S. luxury conglomerate.

Mergers 73
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Here are Wednesday's biggest analyst calls: Nvidia, Broadcom, Apple, Tesla, Netflix, Amazon, Microsoft & more

CNBC: Investing

Here are Wednesday's biggest calls on Wall Street.

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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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EIB Working Paper 2024/02 - The effect of uncertainty on investment

European Investment Bank

Using firm-level survey data combined with firm-level financial information, this working paper examines the impact of uncertainty on EU firms' investment and employment growth. The analysis shows that increased uncertainty significantly dampens investment and employment. Specifically, high uncertainty is associated with a 1 percentage point drop in employment growth and a 3 percentage point decrease in investment rates.

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C8 Technologies launches new systemic FX hedge platform

The TRADE

London-based fintech C8 Technologies is set to launch an FX hedging platform which employs systemic trading models to help businesses manage their currency exposures. Named C8 Hedge, the new platform provides guidance to corporate treasurers and investment professionals for managing their foreign exchange exposures across a range of currencies, using online tools.

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TIM LAMB GROUP BROKERS SALE OF FOLSOM LAKE CHRYSLER DODGE JEEP RAM DEALERSHIP IN FOLSOM, CALIFORNIA TO ORIGINAL OWNERS, FIFTH WAVE AUTOMOTIVE GROUP

Global Newswire by Notified: M&A

Columbus, OH, April 17, 2024 (GLOBE NEWSWIRE) -- Steve Corle, Director of the Plains Region for the Tim Lamb Group, headquartered in Columbus, Ohio, the largest auto dealership sales and acquisitions firm in North America, has brokered the sale of Folsom Lake Chrysler Dodge Jeep Ram in Folsom, California. On Wednesday, April 3, 2024, the sale went through as Victory Automotive Group sold Folsom Lake CDJR back to its original owner, Fifth Wave Automotive Group.

Broker 59