May, 2022

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Swedish Match: how not to behave when you are kissed on the dick by a rainbow

Bronte Capital

There are confirmed rumours that Swedish Match, a Swedish company focussed on oral nicotine delivery (snus, chewing tobacco and most importantly "modern oral") is in advanced merger talks with Philip Morris. I am furious. Swedish Match is about a ten percent position for my fund - and a core holding. We own about 1 percent of the company. The management lucked-in when they came up with what is in my opinion the best nicotine product ever invented and hence founded the whole category of "modern o

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Sun Acquisitions welcomes Ken Cisneros as a Senior M&A Advisor

Sun Acquisitions

Sun Acquisitions is pleased to announce that Ken Cisneros has joined our team as a Senior Advisor. Ken brings over 30 years of experience in executive leadership, sales and operations. Ken’s career began as a business intermediary selling privately held companies to investors. After his time as a business intermediary, Ken held several executive leadership positions with expanded sales and operations.

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Black Duck Open Source Audits: Working through licensing issues like a pro

Synopsys: M&A

It’s critical to have the right people and approach when it comes to understanding and resolving licensing issues in open source audits. The post Black Duck Open Source Audits: Working through licensing issues like a pro appeared first on Application Security Blog.

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Major Reforms Proposed for UK Merger Control: What Dealmakers Need to Know

Cooley M&A

On April 20, 2022, the UK government announced wide-ranging reforms to UK competition and consumer law policy , including significant threshold changes to the UK merger control regime. In particular, while the government aims to retain the UK’s voluntary and non-suspensory merger regime, the proposed reforms plan to expand the already extensive ability of the UK’s Competition and Markets Authority (CMA) to scrutinize mergers.

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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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Marketing a Business for Sale

Lake Country Advisors

The contract is signed, now the work begins to market a business to find the right buyer. Our team invests time and effort in this stage to ensure we are highlighting some of the details that will sell your business A large portion of this is meeting with our clients and getting to know the business. We get a better idea of how to market the business in a generic fashion so it remains confidential.

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Swedish Match takeover rumours

Bronte Capital

There is an article just out that Swedish Match is in advanced merger talks with Philip Morris at a price of about USD15 billion. At Bronte we own 15.1 million shares in Swedish Match - or about 1 percent of the company. We believe the future for Swedish Match is considerably better than the price reflected and we are not happy with this offer. We will consider our future actions.

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When to Sell a Business

Sun Acquisitions

People typically start businesses for one of four major reasons: For the lifestyle. For the money (they hope to make when they eventually sell). As a legacy and for posterity. To change the world. Regardless of the reason for setting out to establish a business, a fair number of people eventually wind up thinking of selling. And the question of when should you sell a business inevitably comes up.

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Private Equity’s Playbook

McCombie Group

This article was originally published in Forbes. Private equity’s (PE) playbook for creating investment value is relatively basic and straightforward (though not necessarily easy). Building on my prior article, The Alchemy of Private Equity Explained, this article delves into the strategies and tactics used by PE investors to boost EBITDA (Earnings before Interest, Taxes, Depreciation,… The post Private Equity’s Playbook appeared first on McCombie Group.

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Delaware bar recommends DGCL amendments, including officer exculpation charter provisions

Cooley M&A

The Council of the Corporation Law Section of the Delaware State Bar Association has provided recommendations to the Delaware General Assembly for a number of changes to the Delaware General Corporation Law, some of them significant, such as an amendment authorizing charter provisions that would eliminate the personal liability of specified officers for breaches of the duty of care—basically, an extension of DGCL Section 102(b)(7).

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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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Timing is Everything when Selling your Business

Lake Country Advisors

If you’ve been thinking about executing your exit strategy in the near future, here’s a few things to consider: Interest rates are still favorable, which adds value to your company. Investment funds are still on the sideline waiting for profitable opportunities. Premium prices are being paid for companies with infrastructure and deep human capital 21st Century There have been two recessions in the 21st Century, each one worse than the one before.

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Delaware Court Of Chancery Applies Contemporaneous Ownership Requirement And Declines To Extend Equitable Derivative Standing

Shearman & Sterling

On May 13, 2022, Chancellor Kathaleen St. J. McCormick of the Delaware Court of Chancery dismissed certain stockholder derivative claims for breaches of fiduciary duty brought against the founder-CEO and other directors of Flashpoint Technology, Incorporated (the "Corporation"). SDF Funding LLC v. Fry, C.A. No. 2017-0732-KSJM (Del. Ch. May. 13, 2022).

Shares 52
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Evils of Dowry and Cruelty in India: A Legal Analysis

Law Essentials

This blog is written by Snehasis Behera, a 3rd year BBALLB student of KIIT School of Law, Bhubaneswar, Odisha

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Where to Sell a Business

Sun Acquisitions

Where do business owners go to list their businesses for sale? If you’re wondering where to sell a small business, you’re in the right place. As seasoned M&A brokers, we’ve dealt with our fair share of buyers and sellers, and here are the top 6 places we recommend you consider selling your business. 1. Local Chamber of Commerce. Investopedia.com defines a chamber of commerce (CC) as an: “… association or network of businesspeople designed to promote and protect the interests of its members

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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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As the private credit market grows will the risks increase?

Barkclays

Given the rapid growth of the private credit market, Research analysts Jeff Meli and Brad Rogoff debate the tradeoffs issuers and investors may face and whether the benefits outweigh the risks for both - and the wider economy. Given the rapid growth of the private credit market, Research analysts Jeff Meli and Brad Rogoff debate the tradeoffs issuers and investors may face and whether the benefits outweigh the risks for both - and the wider economy.

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The True Cost of Selling Without an Advisor

Sica Fletcher

The Numbers Are In, and They Are Staggering In our April 2022 blog , we announced that Sica | Fletcher had completed the most comprehensive study in the history of our industry on multiples paid in insurance agency and brokerage acquisitions. We did this by aggregating and analyzing the data on the nearly 400 closed transactions on which Sica Fletcher has advised over the past three years.

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Delaware Court Of Chancery Denies Motion To Dismiss Breach Of Fiduciary Duty And Unjust Enrichment Claims Related To Compensation Committee Awards

Shearman & Sterling

On April 27, 2022, Vice Chancellor Sam Glasscock III of the Delaware Court of Chancery denied, in part, a motion to dismiss a derivative complaint against directors for breaches of fiduciary duties brought by stockholders of Universal Health Services Inc. (the "Corporation"). Knight v. Miller, C.A. No. 2021-0581-SG (Del. Ch. Apr. 27, 2022). Plaintiff, a stockholder, alleged that the directors serving on the board's compensation committee took advantage of an "obvious dip" in

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Finding That Allegedly Conflicted Acquisition Satisfied Entire Fairness Review, Delaware Court Of Chancery Rejects Breach Of Fiduciary Duty Claims

Shearman & Sterling

On April 27, 2022, Vice Chancellor Joseph R. Slights III of the Delaware Court of Chancery entered judgment in favor of defendant, the CEO/Founder and then-Chairman (the "Chairman") of Tesla Motors, Inc. (the "Company"), following a trial on derivative claims for breach of fiduciary duty asserted by stockholders in connection with the Company's acquisition of SolarCity Corporation (the "Target").

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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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Grounds of Divorce in India: A Review under Personal Laws

Law Essentials

This blog is written by Snehasis Behera, BBA LLB 3rdyear student of KIIT School of law, Bhubaneswar, Odisha

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California Superior Court Strikes Down Director Diversity Mandate

Shearman & Sterling

On May 13, 2022, Judge Maureen Duffy Lewis of the Superior Court of the State of California for Los Angeles County entered judgement in favor of three taxpayers bringing state constitutional challenges to S.B. 826, a bill for a California law that required the boards of California corporations to include women. Crest v. Padilla, Case No. 19 STCV 27561 (Cal.

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Delaware Court Of Chancery Applies Contemporaneous Ownership Requirement And Declines To Extend Equitable Derivative Standing

Shearman & Sterling

On May 13, 2022, Chancellor Kathaleen St. J. McCormick of the Delaware Court of Chancery dismissed certain stockholder derivative claims for breaches of fiduciary duty brought against the founder-CEO and other directors of Flashpoint Technology, Incorporated (the "Corporation"). SDF Funding LLC v. Fry, C.A. No. 2017-0732-KSJM (Del. Ch. May. 13, 2022).

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Finding That Allegedly Conflicted Acquisition Satisfied Entire Fairness Review, Delaware Court Of Chancery Rejects Breach Of Fiduciary Duty Claims

Shearman & Sterling

On April 27, 2022, Vice Chancellor Joseph R. Slights III of the Delaware Court of Chancery entered judgment in favor of defendant, the CEO/Founder and then-Chairman (the "Chairman") of Tesla Motors, Inc. (the "Company"), following a trial on derivative claims for breach of fiduciary duty asserted by stockholders in connection with the Company's acquisition of SolarCity Corporation (the "Target").

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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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Shamima Khatoon and Ors. v. Sayed Md. Zikaruna Babi and Ors.

Law Essentials

This case comment is written by Snehasis Behera, a 3rd-year student of KIIT School of Law.

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Rights of Sex Workers in India: A Legal Analysis

Law Essentials

This blog is written by Snehasis Behera, a 3rd year BBALLB student of KIIT School of Law, Bhubaneswar, Odisha

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