Sat.Mar 18, 2023 - Fri.Mar 24, 2023

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10 Concepts You and I Can Learn About M&A and Creative Deal Structuring From How2Exit's Interview With Roland Frasier Investor, Business Mentor and Strategist

How2Exit

10 Concepts You and I Can Learn About M&A and Creative Deal Structuring From How2Exit's Interview With Roland Frasier Investor, Business Mentor, and Strategist: Watch Here: Here is what my team and I learned from this interview: (These are notes from team members, writers, sometimes AI, and even listeners who submitted what i learned loosely edited and shared here) - If it seems a bit unrefined, you're reading our notes, so. yeah.

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The Counteroffer: What You Should Know

H. Friedman Search

Today more than ever there is a new trend that is increasing every day: the counteroffer. Now you may be thinking, “Harlan, this is not a new trend. There have always been counteroffers,” I would tend to agree with you wholeheartedly. However, there is a statistic that should make you stand up and take notice. According to a survey of Permanent Placement Recruiters nationwide, not only are there more counteroffers but greater than 20% of candidates are now falling off.

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The Value of M&A Drafting

The Harvard Law School Forum

Posted by Adam Badawi (UC Berkeley), Elisabeth de Fontenay (Duke University) and Julian Nyarko (Stanford University) , on Thursday, March 23, 2023 Editor's Note: Adam Badawi is a Professor of Law at UC Berkeley, Elisabeth de Fontenay is a Professor of Law at Duke University, and Julian Nyarko is an Associate Professor of Law at Stanford University. This post is based on their recent paper.

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Credit Suisse: Bank of England won’t object to takeover as UBS considers $1bn bid

The Guardian: Mergers & Acquisitions

Banks race to finish takeover to calm fears of new global financial crisis Millions paid in bonuses to UK SVB staff days after £1 rescue Bank runs, bailouts, rescues: are the ghosts of 2008 rising again? The Bank of England will not object to UBS taking over fellow Swiss lender Credit Suisse as soon as this weekend, according to reports, amid a frantic race to stave off a crisis with echoes of the 2008 global banking crash.

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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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13 Concepts You and I Can Learn About Buying and Selling Businesses From How2Exit's Interview With Dr. Chris Daigle

How2Exit

13 Concepts You and I Can Learn About Buying and Selling Businesses From How2Exit's Interview With Dr. Chris Daigle E16: Watch Here Here is what my team and I learned from this interview: (These are notes from team members, writers, sometimes AI, and even listeners who submitted what i learned loosely edited and shared here) - If it seems a bit unrefined, you're reading our notes, so. yeah.

Business 130

More Trending

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Delaware Chancery Court’s Mindbody Decision – Lessons for Private Equity Buyers in Take-Private Transactions

Cleary M&A and Corporate Governance Watch

In a recent opinion addressing breaches of fiduciary duties and disclosure violations in connection with a take-private of Mindbody, Inc. by Vista Equity Partners, the Delaware Court of Chancery reinforced the significance (to both buyers and sellers) of avoiding conflicts in a sell-side process and ensuring all material facts are disclosed to the target’s board and stockholders.

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Deal Structures: F-Reorganization vs. 338(h)(10) Election

Trout CPA: M&A

Written by Andrew Rice, CPA, CVA , Managing Director of Trout CPA’s Transaction Advisory Services When structuring an M&A transaction, deciding between an asset or stock sale can be an obstacle between buyers and sellers. Finding a transaction structure that works for both parties is critical to the success of the deal. Two solutions have become prevalent in the deal community, though one offers significantly more flexibility.

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10 Concepts You and I Can Learn About Buying Businesses in the UK From How2Exit's Interview With John Andrews - London Attorney

How2Exit

10 Concepts You and I Can Learn About Buying Businesses in the UK From How2Exit's Interview With John Andrews - London Attorney. Watch Here E15 Here is what my team and I learned from this interview: (These are notes from team members, writers, sometimes AI, and even listeners who submitted what i learned loosely edited and shared here) - If it seems a bit unrefined, you're reading our notes, so. yeah.

Business 130
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Delaware Court Of Chancery Dismisses Caremark Claims Against Directors For Failure To Allege Bad Faith After Permitting Related Claims To Advance Against Officer

Shearman & Sterling

On March 1, 2023, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery dismissed derivative claims brought by stockholders for breach of the fiduciary duty of oversight under Caremark against the directors of McDonald's Corporation (the "Company"). The decision follows the Court's earlier decision to deny a motion to dismiss similar claims brought against the Company's officers and to extend the Caremark duty to corporate officers, as discussed here.

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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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Securing Your Information: 5 Ways Virtual Data Rooms Offer Protection

EthosData Virtual Data Room

In today's fast-paced business environment, mergers and acquisitions (M&A) have become a common occurrence. However, M&A deals involve a massive amount of sensitive information that needs to be shared between parties involved in the transaction. This is where virtual data rooms (VDRs) come into play, as they provide a secure platform for sharing confidential information.

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Selling Your Business to the Right Buyer: How to Find the Perfect Match

Sun Acquisitions

The first step in a successful sale of your business is finding the right buyer. Not every potential buyer will be a perfect match, but if you take the time to ensure you’re selling your business to a compatible party, it could avoid disaster for both parties involved. Other than wanting to know that your employees and clients are in good hands post-transaction, there are other important reasons to carefully select a buyer.

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11 Things We Can Learn About Vision, Stories and People in M&A from the How2Exit Interview of Andrew Pierno

How2Exit

11 Things We Can Learn About Vision, Stories, and People in M&A from the How2Exit Interview of Andrew Pierno. Watch Here: E14 Here is what my team and I learned from this interview: (These are notes from team members, writers, sometimes AI, and even listeners who submitted what i learned loosely edited and shared here) - If it seems a bit unrefined, you're reading our notes, so. yeah.

M&A 130
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Life Sciences Reverse Mergers Go Global: Is it the Path for Your Company?

Cooley M&A

With the US initial public offering markets continuing to remain largely closed, and special purpose acquisition company combinations being costly and complex, there’s a new kid in town for foreign companies looking to go public in the US: reverse mergers. We’ve seen a material increase in reverse merger transactions – particularly with cross-border elements, and we expect many more will follow given current market conditions.

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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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What is the quality of your earnings?

Presser & Co

You might have heard that buyers often do a quality of earnings analysis. Lets take look at what quality of earnings really means, how buyers do this analysis and how you can prepare for it. Earnings for previous periods are recorded on profit and loss statements, but buyers like to get inside and breakdown the revenues and costs that create them and assess each component on its likely future value.

M&A 52
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Top 3 Growth Financing Options for Software Companies

Software Equity Group

Early-stage software businesses may reach a point where they seek resources to help accelerate growth and execute business goals. There are several resources for growth capital: debt from a lender or financial institution, minority equity financing, or majority equity financing through a control transaction. Each method offers different benefits; finding the best option for your software company’s goals is essential to ensure that you clearly understand the landscape and how best to presen

Finance 52
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11 Concepts You and I Can Learn About the Market & Selling a Small Business From How2Exit's Interview With Lane Carrick - Serial Entrepreneur W/ Multiple Exits

How2Exit

11 Concepts You and I Can Learn About the Market & Selling a Small Business From How2Exit's Interview With Lane Carrick - Serial Entrepreneur W/ Multiple Exits: E13 Watch Here Here is what my team and I learned from this interview: (These are notes from team members, writers, sometimes AI, and even listeners who submitted what i learned loosely edited and shared here) - If it seems a bit unrefined, you're reading our notes, so. yeah.

Business 130
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Customer Satisfaction Survey 2023

Private Equity Info

Customer Satisfaction Survey 2023: Results Show We Exceed Client Expectations in Quality of Data, Customer Service, and Pricing In January and February of 2023, Private Equity Info surveyed clients to understand our customers' perceptions of how we are doing, relative to the type of company we aim to be. My goal, when I founded Private Equity Info in 2005, was to create the data and tools I wished I had while working as an investment banker - to easily identify highly targeted lists of the priva

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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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Think Big: the Metaverse’s B2B Opportunities

Accenture Capital Markets

The Capital Markets industry should be recognised for diving in early into the Metaverse. Many firms are already looking or experimenting on how to enhance business-to-consumer (B2C) and employee experiences through leveraging this spectrum of digitally enhanced worlds and realities. And while looking at this in a recent LinkedIn article , I started to also think if such applications might not just be some of the metaverse’s low-hanging fruit.

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Fi-Foil Purchases Kennedy Insulation Group

IBG

Fi-Foil Company, Inc., a Florida-based provider of high-performance insulation systems, has purchased Kennedy Insulation Group. FiFoil Company is a portfolio business of Validor Capital. Terms of the sale were not disclosed at the parties’ requests. Established in Carthage, Missouri, in 2008 by Rick and Chris Kennedy, Kennedy Insulation Group is known nationally for its exclusive VerSola TM multi-layer reflective bubble insulation product, which FiFoil CEO Bill Lippy hailed as “highly complemen

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The Dos and Don’ts of Due Diligence in Mergers and Acquisitions

Sun Acquisitions

Due diligence is an essential part of mergers and acquisitions (M&A). It is a process that involves investigating the target company to ensure that all relevant information has been disclosed before the deal is finalized. The aim of due diligence is to identify any potential risks or liabilities associated with the acquisition, assess the strategic fit, as well as to validate the value of the target company.

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Corp Fin posts update to tender offer CDIs

Cooley M&A

Corp Fin has posted an update to the CDIs related to the tender offer rules and schedules and our Public Companies blog summarizes key takeaways.

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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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Applying Entire Fairness, Delaware Court of Chancery Sustains Class Action Claims for Breaches of Fiduciary Duties Arising from Alleged Omissions in SPAC Merger Proxy

Shearman & Sterling

On March 1, 2023, Vice Chancellor Lori Will of the Delaware Court of Chancery declined to dismiss a putative class action brought by stockholders of special purpose acquisition company (or "SPAC") GigCapital2, Inc. ("Gig2") against Gig2's controlling stockholder and directors, asserting that they breached their fiduciary duties in connection with Gig2's acquisition of UpHealth Holdings, Inc. and Cloudbreak Health, LLC in a so-called "de-SPAC" merger.

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The German M&A Market – Q1/2023

Cleary M&A and Corporate Governance Watch

Please click here for the latest edition of the Cleary Gottlieb M&A Telegram for Germany.

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10 Things You and I Can Learn about M&A and Entrepreneurship from Our Interview of Jeanette Holm - Award Winning Entrepreneur

How2Exit

10 Things We Can Learn about M&A and Entrepreneurship from Our Interview of Jeanette Holm - Award-Winning Entrepreneur E12: watch here Here is what my team and I learned from this interview: (These are notes from team members, writers, sometimes AI, and even listeners who submitted what i learned loosely edited and shared here) - If it seems a bit unrefined, you're reading our notes, so. yeah.

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UBS and Credit Suisse: The Next Shoe to Drop in the Financial Crisis of 2023?

Mergers and Inquisitions

With the number of emergency / news-related articles on this site lately – two in a row! – it’s starting to feel a lot like 2008. Before delving in, though, I want to start with the elephant in the room: I was partially wrong ~5 months ago when I wrote about Credit Suisse, UBS, and Deutsche Bank, and whether they would become Lehman Brothers 2.0. Technically, my assessment in that article was correct: “The short answer is that it’s very unlikely that any of these firms will go bankrupt.

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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 Dismisses Caremark Claims Against Directors For Failure To Allege Bad Faith After Permitting Related Claims To Advance Against Officer

Shearman & Sterling

On March 1, 2023, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery dismissed derivative claims brought by stockholders for breach of the fiduciary duty of oversight under Caremark against the directors of McDonald's Corporation (the "Company"). The decision follows the Court's earlier decision to deny a motion to dismiss similar claims brought against the Company's officers and to extend the Caremark duty to corporate officers, as discussed here.

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Operations – The Fourth Variable in Your Selling Equation

Successful Acquisitions

Operations – The Fourth Variable in your Selling Equation By Brian Goodhart The essence of the Operational component of your selling equation is the fundamental question of whether the owner’s departure upon sale would cause a material disruption in the performance of the business. In a perfect world, a business owner would be able to leave at their convenience or the buyer’s and the business would continue operating as usual.

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11 Concepts You and I Can Learn About the Market & Selling a Small Business From How2Exit's Interview With Joe Valley Author and Certified M&A Pro

How2Exit

11 Concepts You and I Can Learn About the Market & Selling a Small Business From How2Exit's Interview With Joe Valley Author and Certified M&A Pro: Watch here E17 Here is what my team and I learned from this interview: (These are notes from team members, writers, sometimes AI, and even listeners who submitted what i learned loosely edited and shared here) - If it seems a bit unrefined, you're reading our notes, so. yeah.

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