April, 2022

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Mr Big Wells gets popped by the SEC but somehow escapes criminal charges.

Bronte Capital

On Friday 14 August 2009, that is more than twelve years ago, I wrote a little blog post about a fraudulent oil company run by Mr. Massimiliano (Max) Pozzoni. The name translated from Italian roughly as "Mr Big Wells". You can find that blog post here. I was sure it was a fraud because they claimed in press releases that renowned petroleum engineer Dr.

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How to put the best M&A pros in your corner for every deal

How2Exit

Interest in acquisition entrepreneurship is growing rapidly. People are realizing the profit potential and attractive lifestyle that comes with buying, growing and selling businesses. But many people face challenges or don’t know where to turn for help and advice, regardless of whether they’re just starting out or have done many deals. There are so many steps in acquiring or selling a business that it’s no wonder acquisition entrepreneurs have questions.

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Does a PPP Loan Make It Harder to Sell a Business?

Sun Acquisitions

It’s no secret that the COVID-19 pandemic has had a significant impact on businesses of all sizes. To help small businesses struggling in these tough times, the US government introduced the Paycheck Protection Program (PPP) loan in 2020. This type of loan can be used to cover payroll costs, rent, and other expenses during difficult times. So what happens when you want to sell your business ?

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New SEC proposal takes on SPACs

Cooley M&A

Yesterday, the SEC voted, three to one, to propose new rules and amendments regarding SPACs, shell companies, the use of projections in SEC filings and a rule addressing the status of SPACs under the Investment Company Act of 1940. The proposal arrives in the context of calls from various corners, including from SEC Chair Gary Gensler and former Acting Corp Fin Director John Coates, to treat SPACs as an alternative method of conducting an IPO under the SEC’s policy framework.

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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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Route to Artificial Intelligence & Relation with Climate Change

Law Essentials

This blog is written by Tripti Bhushan (Academic Tutor & TRIP Fellow) & Aparna Venkatachalam (Academic Tutor & TRIP Fellow) at O.P Jindal Global Law School, Sonipat.

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Mise à jour – Taxe sur les services numériques

Deal Law Wire

Dans notre article du 24 novembre 2020 , il était question de l’adoption par certains pays d’une taxe sur les bénéfices tirés des services numériques fournis par les entreprises multinationales et de l’impact d’une telle taxe sur les transactions transfrontalières. À ce moment toutefois, il n’y avait, au Canada, aucun cadre législatif régissant l’imposition des services numériques.

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The Silver Tsunami is on on it's way, are you ready? How one generation could bankrupt the United States

How2Exit

Did you know that 51% of U.S. small business owners are set to retire in the next 15 years? That is one scary future! 70.4 million baby boomers are retired or getting ready to retire and with 2.9 million of those being small business owners, that means that each one needs a plan to exit, with most not having a clue on how to do that. Small businesses employ just over 47% of the nation’s workforce and are the backbone of the U.S. economy.

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Sun Acquisitions welcomes Mike Walton as a Senior M&A Advisor

Sun Acquisitions

Sun Acquisitions is pleased to announce that Mike Walton has joined our team as a Senior Advisor. Mike brings 25 years of experience in business ownership that includes start-ups, turnarounds, acquisition and sale of companies, specifically within media and IT industries. Throughout Mike’s career, he has owned, operated and sold radio stations and newspapers throughout the Midwest and upstate New York.

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Is the SEC process for SPAC registration statements Kafkaesque?

Cooley M&A

“ Statement Regarding SPAC Matter ,” is the latest from SEC Commissioner Hester Peirce. Seems completely anodyne, doesn’t it? But, as they say, looks can be deceiving. Instead, it’s a withering criticism of the SEC’s failure to declare a SPAC registration statement effective in time to allow a de-SPAC merger to go forward, implicitly suggesting at the end that the SEC may have displayed a lack of good faith in its Kafkaesque process (her metaphor, not mine), which had the effect of stringing t

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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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Eighth Circuit Affirms Dismissal Of Merger-Related Derivative Suit For Failure To Plead Demand Excusal

Shearman & Sterling

On April 7, 2022, the United States Court of Appeals for the Eighth Circuit affirmed the dismissal of derivative claims brought by shareholders of Centene Corporation (the "Corporation") against directors and officers of the Corporation following its merger with Health Net, Inc. (the "Target"). Carpenters' Pension Fund of Ill. v.

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Bell Ringer Case Study: Why a firm with stronger recurring revenue is less risky and ultimately worth more?

PCO M&A Specialists

We’ve all heard it before: You build a strong and valuable pest management business by building a base of customers who purchase your service on a subscription basis, which gives you, the business owner, a strong base of recurring revenue. There’s nothing new here, but let’s explore why the recurring revenue model is so powerful.

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ADOPTION RIGHTS OF SAME-SEX COUPLES IN INDIA

Law Essentials

This blog is written by Lakshmisusheela Ramachandran, a 1st-year student from Tamil Nadu National Law University.

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Should corporate purpose shift from shareholder to stakeholder?

Barkclays

Government, social and corporate forces are converging to redefine corporate purpose. Listen to Global Head of Research Jeff Meli and Professor James C. Spindler discuss the case for and against stakeholder capitalism. Government, social and corporate forces are converging to redefine corporate purpose. Listen to Global Head of Research Jeff Meli and Professor James C.

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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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How to Sell a Business Privately

Sun Acquisitions

If you’re looking for a guide to selling your business privately, you’ve come to the right place. Selling a business is a complex affair. And Forbes and Bloomberg tell us that 8 out of 10 businesses will not find a buyer. With competition for acquisition so high, it’s no wonder some business owners prefer to sell privately. In one of our previous posts, we looked at how to sell a business , but in this blog, you’re going to learn how to sell a business privately.

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Schemes of Arrangement: Dodgy Plots or Effective Ways to Purchase UK Companies?

Cooley M&A

1. What is a scheme of arrangement and when might you use it? While the word ‘scheme’ may give you pause, a scheme of arrangement is a well-trodden path to purchase UK companies via a court-approved process. A scheme of arrangement is the most common structure for acquiring a UK public company when the target’s board is supportive of the deal – accounting for 81% of announced public deals in 2021 (up from 69% in 2020 and 71% in 2019) – and also can be used for private company acquisitions.

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Delaware Court Of Chancery Grants Motion To Stay Pending Appeal Of Specific Performance Judgment Requiring Completion Of Acquisition Of Yoga Studios

Shearman & Sterling

On March 31, 2022, Vice Chancellor Joseph R. Slights III of the Delaware Court of Chancery ­granted the motion of CorePower Yoga, LLC and CorePower Yoga Franchising, LLC (together, "defendant") to stay the Court's judgment in favor of plaintiff Level 4 Yoga, LLC pending defendant's appeal. Level 4 Yoga, LLC v. CorePower Yoga, LLC, C.A.

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Inflation: A primer for PMPs

PCO M&A Specialists

Paycheck Protection Program (PPP) loans increased and extended unemployment benefits. The stock market and cryptocurrency market rose quickly, and not just for professional investors. Money is everywhere, chasing limited goods and services where production stalled because of a worldwide pandemic. And there it is folks: Economics 101. Inflation is the highest it has been in decades.

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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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REGULATION OF ELECTRONIC CONTRACTS IN INDIA

Law Essentials

This blog is written by Deepak Kumar Singh, currently pursuing 1st year from Symbiosis Law School, Noida

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Sun Acquisitions Announces the Sale of a Manufacturing, Distribution & E-Commerce Company

Sun Acquisitions

Sun Acquisitions is pleased to announce the successful sale of AMIC Global, Inc. to Component Sourcing International (CSI). AMIC is a diversified company, offering manufacturing, distribution and e-commerce services and is based in Buffalo Grove, IL. AMIC Global’s primary business is supplying contract-manufactured metal components to OEM customers, and contract-manufactured supplies to leading RV/Marine industry customers.

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Delaware Advance Notice Decisions Highlight Move Toward Enhanced Scrutiny of Board Actions, Even Where Conflicts Exist

Cooley M&A

Like US constitutional law, Delaware courts apply a tiered standard of judicial review to actions taken by the board of directors of corporations: Business judgment deference (rational basis). Enhanced scrutiny under Unocal and Revlon (intermediate scrutiny). The compelling justification standard articulated in Blasius (strict scrutiny). In the constitutional arena, the failure to satisfy the strict scrutiny standard applied in First and Fourteenth Amendment cases led one constitutional scholar

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Rentokil/Terminix deal: Executive analysis

PCO M&A Specialists

Tuesday, Dec. 14, was a huge day for the pest control industry. That’s because a watershed deal between Rentokil and Terminix was announced that, if closed, will make the world’s largest pest control company, Rentokil, the largest company in North America. This would leave Rollins Inc. (parent company of Orkin and other firms) as the only public pure-play pest control company.

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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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How to handle a cash crunch

PCO M&A Specialists

As business owners, we want to grow successful businesses. For most of us, that journey many times includes some very uncomfortable and stressful periods.

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Protecting Devil’s Prada: IP against Counterfeiting in Fashion

Law Essentials

This Blog is Written by Shreyak Patnaik, a Fifth Year student at Symbiosis Law School, Hyderabad

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Coca Cola v. Bisleri International Pvt. Ltd. & Ors.: Case Study

Law Essentials

This Blog is Written by Shreyak Patnaik, a Fifth-Year student at Symbiosis Law School, Hyderabad

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Eighth Circuit Affirms Dismissal Of Merger-Related Derivative Suit For Failure To Plead Demand Excusal

Shearman & Sterling

On April 7, 2022, the United States Court of Appeals for the Eighth Circuit affirmed the dismissal of derivative claims brought by shareholders of Centene Corporation (the "Corporation") against directors and officers of the Corporation following its merger with Health Net, Inc. (the "Target"). Carpenters' Pension Fund of Ill. v.

Mergers 40
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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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Delaware Court Of Chancery Grants Motion To Stay Pending Appeal Of Specific Performance Judgment Requiring Completion Of Acquisition Of Yoga Studios

Shearman & Sterling

On March 31, 2022, Vice Chancellor Joseph R. Slights III of the Delaware Court of Chancery ­granted the motion of CorePower Yoga, LLC and CorePower Yoga Franchising, LLC (together, "defendant") to stay the Court's judgment in favor of plaintiff Level 4 Yoga, LLC pending defendant's appeal. Level 4 Yoga, LLC v. CorePower Yoga, LLC, C.A.

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The Precarious Trap of Election Freebies

Law Essentials

This blog is written by Anudha Singhai, a first year student at Symbiosis Law School, NOIDA.

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ANALYSIS OF REMEDIES FOR BREACH OF CONTRACT

Law Essentials

This blog is written by Arinjay Mishra, a first-year student of Symbiosis Law School, NOIDA

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