May, 2021

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How big is this crypto boom?

Bronte Capital

Google Trends doesn't predict stock market rallies, well somtimes it does. But more likely it is coincident with them, the suckers at the end of the boom being the biggest (yet) wave of retail buyers. Here is a five year trend for the phrase "how to buy stocks" for the USA. It has two peaks, one at the height of the first COVID lockdown, and a second and bigger peak at the height of the "meme-stock" rally in January.

Stock 130
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The (Artificial) Intelligent Investor

Deal Law Wire

Investor advice platforms, at both the retail and institutional level, have evolved in recent years – from the use of classic literature to expanded services offered by brick-and-mortar firms. However, with the growth of app-induced innovation, various robo-advising platforms have taken the lead in providing investors with seamless, efficient, and cost-effective means of advice.

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Don’t Get Bamboozled By Your Investment Banker

McCombie Group

This article was originally published in Forbes. Selling a middle market business is a once in a lifetime experience for most owners. Its therefore essential that the selection of an investment banker occur in an informed and thoughtful manner, or you risk making the wrong choice, costing time and money and possibly resulting in the… The post Don’t Get Bamboozled By Your Investment Banker appeared first on McCombie Group.

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Covid-19 Impact on US Private Capital Raising Activity in 2020

InvestmentBank.com

Well, 2020 is finally leaving us. As vaccine distributions bring us ever closer to putting COVID-19 firmly in our rearview mirror, the past year will become remembered as a period of cancelled plans, mask mandates, and bizarre events unlike anything most of us had seen in modern history. As individuals sadly lost their loved ones to this disease, businesses around the globe struggled to stay afloat through forced closures, capacity limitations, industry shutdowns, and crippled supply chains.

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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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Focus Strategies Welcomes Zoë Dobson

Focus Strategies

Austin, Texas – Focus Strategies Investment Banking (“Focus Strategies”), a leading middle market investment bank based in Austin, Texas, is very pleased to announce the hiring of Zoë Dobson. Zoë joins us as a Senior Financial Analyst and will play an integral role in supporting and participating in […] The post Focus Strategies Welcomes Zoë Dobson first appeared on Focus Strategies Investment Banking.

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Grenke's audit statement

Bronte Capital

Grenke is a Geman listed (but global) equipment leasing company who has been subject to a short-seller research report (which Grenke supporters call an attack). Grenke was late to publish an annual report, but they indicated to the market a date in May (today!) when the annual report would be published. The question was whether - given the rather florid allegations - KPMG would be be prepared to sign the audit report (thus declaring the short-seller allegations false).

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Open source license compliance and dependencies: Peeling back the licensing layers

Synopsys: M&A

How can you successfully navigate open source license compliance? Start with the right tools to identify your dependences and calculate their risks. The post Open source license compliance and dependencies: Peeling back the licensing layers appeared first on Software Integrity Blog.

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M&A – Changing the Way Businesses Change Hands

Lake Country Advisors

Joe Braier , the President of Lake Country Advisors was on the WTMJ Sunday Sip last week. Why a Business Broker – what do they do You can listen to the the seven minute message on how and why a Mergers and Acquisition Firm can help a business owner plan their exit strategy. All of our business listings are confidential. We have a customized strategy to create awareness to find the right buyer for your business.

M&A 52
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2021 Outlook on Media & Telecom M&A Transactions

InvestmentBank.com

This article offers a look into M&A activity within the Media and Telecom industry up to and during 2020. It aims to update readers on deal volumes and values within the industry and to provide a framework to predict future trends in 2021. U.S. Media and Telecommunications Deals Hold Steady Despite COVID-19 (1) Coming off a down year in 2019, the U.S.

Media 52
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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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Past Event: Institute for Law and Economics Spring Corporate Roundtable

Cooley M&A

Partner and M&A co-chair Jamie Leigh spoke at Penn Law’s ILE Spring Corporate Roundtable on May 7, 2021. Joined by six esteemed panelists, they discussed Tech and M&A: New Developments, New Challenges. This event was by invitation only. For more information, please email Sean Hayes. Jamie Leigh.

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Delaware Supreme Court Affirms No Recovery In Cigna-Anthem Star-Crossed Venture

Shearman & Sterling

On May 3, 2021, the Supreme Court of Delaware affirmed en banc the decision of the Delaware Court of Chancery that neither Cigna Corporation nor Anthem, Inc. was entitled to any damages or fees sought in connection with their failed merger. Cigna Corp. v. Anthem, Inc., et al., No. 364, 2020 (Del. May 3, 2021). As we discussed in our prior post, after the Department of Justice ("DOJ") blocked the merger as anticompetitive, Cigna and Anthem sued each other for expectation damages, and Cign

Mergers 52
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Is rising inflation here to stay?

Barkclays

Research analysts Jeff Meli and Ajay Rajadhyaksha debate whether the recent spike in US inflation data is a temporary blip or poses a sustained threat. Research analysts Jeff Meli and Ajay Rajadhyaksha debate whether the recent spike in US inflation data is a temporary blip or poses a sustained threat.

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Part II: Starboard, Hudson Executive, and EHTH Get Their Guys (Respectively) for Now, but What About H.I.G, and What About SB 826 (California’s Gender Diversity Law Regarding Board Composition)?

Transactional Delights

Disclaimers: [link] This is Part 2 of the EHTH saga, which covers the second part of Hudson Executive’s cooperation agreement, Starboard Value’s subsequent cooperation agreement, H.I.G’s nominee and SB 826, California’s Gender Diversity Law regarding Board composition. Part 1 is here. Quick set-up is Hudson Executive signed a cooperation agreement on March 10 with EHTH for one director immediately and one director to be decided on later.

IT 40
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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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Delaware Chancery Court Requires Buyers To Close On Pre-Coronavirus Deal Notwithstanding Impact Of Pandemic On Cake-Decorating Business

Shearman & Sterling

On April 30, 2021, then-Vice Chancellor Kathaleen S. McCormick of the Delaware Court of Chancery granted sellers specific performance in a breach of contract action against buyers KCAKE and Kohlberg Funds, arising out of the sale of DecoPac Holdings Inc. ("DecoPac"). Snow Phipps Group, LLC., et al. v. KCake Acquisition, Inc., et al., 2020-0282-KSJM (Del.

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Delaware Court Of Chancery Dismisses Claims For Breach Of Earnout Provision

Shearman & Sterling

On April 22, 2021, Vice Chancellor Joseph R. Slights III granted a motion to dismiss filed by defendants ID Experts Holdings, Inc. and its acquiror Identity Theft Guard Solutions, Inc. (together, "ID Experts"), dismissing breach of contract claims filed by Plaintiff Obsidian Finance Group, LLC ("Obsidian") that arose out of a merger earnout provision.

Finance 52
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Delaware Court Of Chancery Dismisses Claims Challenging Squeeze-Out Merger Because Special Committee Was Not "Interested" And Stockholder Vote Was Uncoerced

Shearman & Sterling

On May 10, 2021, Chancellor Kathaleen St. J. McCormick of the Delaware Court of Chancery granted a motion to dismiss claims for breach of fiduciary duty and unjust enrichment brought by former stockholders of Voltari Corporation, challenging the take-private buyout of the company by its controlling stockholder. Franchi, et al. v. Firestone, et al., C.A.

Mergers 40
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Delaware Supreme Court Affirms No Recovery In Cigna-Anthem Star-Crossed Venture

Shearman & Sterling

On May 3, 2021, the Supreme Court of Delaware affirmed en banc the decision of the Delaware Court of Chancery that neither Cigna Corporation nor Anthem, Inc. was entitled to any damages or fees sought in connection with their failed merger. Cigna Corp. v. Anthem, Inc., et al., No. 364, 2020 (Del. May 3, 2021). As we discussed in our prior post, after the Department of Justice ("DOJ") blocked the merger as anticompetitive, Cigna and Anthem sued each other for expectation damages, and Cign

Mergers 40
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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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Delaware Chancery Court Requires Buyers To Close On Pre-Coronavirus Deal Notwithstanding Impact Of Pandemic On Cake-Decorating Business

Shearman & Sterling

On April 30, 2021, then-Vice Chancellor Kathaleen S. McCormick of the Delaware Court of Chancery granted sellers specific performance in a breach of contract action against buyers KCAKE and Kohlberg Funds, arising out of the sale of DecoPac Holdings Inc. ("DecoPac"). Snow Phipps Group, LLC., et al. v. KCake Acquisition, Inc., et al., 2020-0282-KSJM (Del.

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2021 M&A Editorial Advisory Board

Cooley M&A

Caitlin Gibson has been named to Law360’s 2021 M&A Editorial Advisory Board, which provides feedback on Law360’s coverage and expert insight on how best to shape future coverage. Read the Law360 article here (Subscription required). Contributors. Caitlin Gibson.

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Delaware Court Of Chancery Dismisses Claims For Breach Of Earnout Provision

Shearman & Sterling

On April 22, 2021, Vice Chancellor Joseph R. Slights III granted a motion to dismiss filed by defendants ID Experts Holdings, Inc. and its acquiror Identity Theft Guard Solutions, Inc. (together, "ID Experts"), dismissing breach of contract claims filed by Plaintiff Obsidian Finance Group, LLC ("Obsidian") that arose out of a merger earnout provision.

Finance 40
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Have Your Cake, and Closing Too: Invoking Prevention Doctrine, Delaware Chancery Court Grants Seller’s Request for Specific Performance in COVID-Related M&A Dispute

Cooley M&A

Chancellor McCormick’s opinion in Snow Phipps Group, LLC, et al. v. KCake Acquisition, Inc., et al. (Del. Ch. April 30, 2021) is 125 pages long, but she helpfully digests the holding in a single sentence on page 3: “ Chalking up a victory for deal certainty , this post-trial decision resolves all issues in favor of seller and orders the buyers to close on the purchase agreement.

M&A 40
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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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Shipping & Logistics 2021 – General Industry Overview

InvestmentBank.com

The Shipping and Logistics industry is in the mature phase of its life cycle, but will continue to grow in the coming years as the global economy expands further. According to IBISWorld, the industry is expected to increase at an annualized rate of 4.3% through 2025 (3PL), following a steep decline in 2020. As a whole, the industry has displayed a concerted effort to improve operating efficiencies, and made acquisition and consolidation of smaller players the primary driver of growth.

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Healthcare 2021: Trends, M&A & Valuations

InvestmentBank.com

The healthcare sector in the United States is a large driver of economic output. The World Health Organization notes that the United States spends more on healthcare as part of its GDP (17%) than any country in the world. Most facilities are owned by private sector businesses while other community hospitals are either non-profit, for-profit, or government owned.