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Trends in M&A Provisions: Indemnification as an Exclusive Remedy - Bloomberg Law

Trends in M&A Provisions: Indemnification as an Exclusive Remedy - Bloomberg Law | Real estate | Scoop.it
Trends in M&A Provisions: Indemnification as an Exclusive Remedy Bloomberg Law In merger and acquisition (“M&A”) transactions, the definitive purchase agreement (whether asset purchase agreement, stock purchase agreement, or merger agreement)...
Greg Lustig's insight:

All clauses in an M&A agreement must be carefully analyzed and evaluated for both their long and short tern effect. Clauses dealing with jurisdiction,breach,indemnification,limitation of damages and remedies. deserve particular attention as each one can dramatically effect the rights and remedies of the damaged party.

 

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Debt vs. equity

Debt vs. equity | Real estate | Scoop.it
It’s a common conversation that many small business bankers will have with a start-up business owner, “I am going to pitch my idea and raise start-up funding, my idea cannot fail.” Stories from earlier days of the Internet .com boom still circulate...
Greg Lustig's insight:

Although debt seems to have multiple  advantages for either a startup or a young company,it has some long term affects that should be taken into consideration.From a balance sheet perspective ,it will most certainly have a negative impact as bank and vendor credit will be more difficult to obtain.Secondly,the debt will have to be serviced on a current basis which can greatly impact the borrowers cash flow.Lastly.the debt will have a fixed term that requires a pay off in the not to distant future which may neccessitate liquidation of valuable assets unless a new source of funding can be procured .

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Teamwork the Key to Success

Teamwork the Key to Success | Real estate | Scoop.it

Via Daniel Watson
Greg Lustig's insight:

There is an old adage,there is no I in team.Unforunately, far too many business owners do not follow that axiom and  run their businesses as despot rulers.Not only ,does this create a negative culture ,it wastes the talents of its employees.

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Ati Energia's curator insight, October 22, 2013 8:11 PM

Spread the Word: Teamwork Makes Life Better Every Day in Every Way!!

John Bean's curator insight, October 23, 2013 9:12 AM

Dan Watson and the article / author are right on - teamwork is a critical ingredient to any business' success.  The 6 team mate type discussion is definitely something to consider. 

 

In essence - this also speaks to the power of true Diversity and Inclusion.  D&I is more of a business imperitive than a social cause - as to ignore D & I is to pay lip service to "team work", and "leaves money on the table".  The article through the 6 team mate types speaks to valuing diversity of opinion, style, and background; and inclusion as valuable to a highly performing team.

Vincent Picton's curator insight, August 18, 7:07 AM

I do not necessarily agree with this saying, but I feel that teamwork may lead to success faster.

 

It is true that one person may not be able to complete the jobs that five people could due to lack of skills, but if that person was very skilled they may be able to complete the task, it would just take them longer.

 

This is how I felt sitting with the client in the waiting room.

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One Simple Tip For Refining Your Business Concept

One Simple Tip For Refining Your Business Concept | Real estate | Scoop.it

Via Daniel Watson
Greg Lustig's insight:

FOCUS !!!!!

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Daniel Watson's curator insight, October 3, 2013 5:49 PM

 

Business owners can be an impatient lot, always ready to jump to the "how we are going to make any idea happen" mode, before determining whether the idea is the best or even the right solution for the supposed problem at hand.

 

This tendency to move quickly to action, can prove detrimental to the growth of any business, as the costs of addressing a problem with a less than optimal solution, or addressing the wrong problem, can be high.

 

This excellent article, suggests that to avoid the trap of moving to quckly to the how of implementing a business idea, business owners should spend a lot more time clarifying what the actual problem their idea intends to solve is before commiting resources to the how of implementation.

John Zinga's curator insight, October 4, 2013 1:19 PM

Great Article for the start up companies out their who think they may be reasdy to launch.  Semms to me this is a nice little tip to safely save you some time and money and potentially hurting a positiver Launch.

Know what your intentions are and focus on how to promote those ideas clearly to ensure a more successful Launch.  Happy Selling .

Greg Lustig's curator insight, October 17, 2013 8:23 AM

FOCUS !!!!!

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Five Ways to Create a Culture of Innovation in the Workplace

Five Ways to Create a Culture of Innovation in the Workplace | Real estate | Scoop.it

Via Daniel Watson
Greg Lustig's insight:

In order to create a culture of innovation in the workplace,an organization must empower their employees to engage in independent thought processes.In  order to do so, employees must first be fully engaged and vested in the success of their company.Open discussion between all levels of the organization must  be encouraged.Companies need to be transparent in order to make their employees feel that they are an integral part of the business process.Lastly,employees must believe that their opinions matter.

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Rennes Job's curator insight, October 16, 2013 10:37 AM

Cette semaine encore, Scoop'It est au rendez-vous !

Aujourd'hui, retrouvez 5 outils utilisés pour optimiser l'innovation dans la culture d'entreprise.


Vous cherchez des informations pour compléter vos cours ? Vous souhaitez trouver des documents récents et fiables pour votre méthodologie ? Ou tout simplement, vous souhaitez vous enrichir personnellement ? N'hésitez pas, rejoignez nous et créez votre propre compte sur Scoop'It !

Ciara Turner's curator insight, October 24, 2013 10:23 AM

 

Albert Einstein had it right when he said: “We cannot solve our problems by using the same kind of thinking we used when we created them.”  With that being said it is time for entrepreneurial and small business owner of companies to step up their innovation creativity.

 

We have big dreamers and ideas that are always seem too left behind. In this article companies and small business revaluated how they allow their employee to make contributes to building a better brand. The question that was explored by most CEO's is, How to make this work environment a more engaging involvement for idea.

 

Well, some companies do this by creating a designated space where employees can be creative. Most office spaces, which are normally a sea of cubicles, have little room physically and emotionally where creativity and innovation can flourish.

 

From a PR stand Point that is brilliant idea because for those companies that still have their employee work in cubicles is only limiting them to that confined space. Also making that change in the office space can build a better bond between employee and employer. Provide an opportunity for employee to shine.

 

In relations to the book this can relate to Chapter 3 employee relations.  Employee Relations involves the body of work concerned with maintaining employer-employee relationships that contribute to satisfactory productivity, motivation, and morale. Essentially, Employee Relations is concerned with preventing and resolving problems involving individuals who arise out of or affect work situations.

 

So for those companies and business that have your employees still concealed to their cubicle and office space re-think and evaluate the amount of new and creative ideas that your employees produce for the better of the company.on page 33 in the Adventure book Kathryn Yates of Watson Wyatt,  stated "that a business function that drives performance and contributes to a company's financial success,". 

Lou Hemmer's curator insight, March 24, 11:33 AM

Great article on innovation in business.

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The Hi-Spot Review For Quick Situation Assessments and Direction ...

The Hi-Spot Review For Quick Situation Assessments and Direction ... | Real estate | Scoop.it
Workouts, turnarounds, and profit improvement programs may be necessary to provide more general longer-term solutions. Breakthrough ideas can arise at any time from an entrepreneur who starts an enterprise, or from any ...
Greg Lustig's insight:

A quick situation assessment is often necessary because of the. failure or refusal of the enterprise to recognize a problem that requires immediate reaction.

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7 Things Every Employee Wants From Their Boss

7 Things Every Employee Wants From Their Boss | Real estate | Scoop.it

Via Daniel Watson
Greg Lustig's insight:

In my opinion, employees want most of all transparency from their employer.Second is to be treated and compensated fairly.Thirdly,recognition and credit  for the work being  performed.Fourth,is the opportunity for personal growth and advancement.Fifth,is appreciation for the value of the employees services and contributions.Sixth,a clear definition of employees role and responsibilities in the organization.Finally,the authority  and freedom to perform ones responsibilities without being micro managed.It goes without saying that all employees want security as well as the opportunity to work in a positive culture free from stress and the fear of losing ones job.

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360Logica's comment, September 24, 2013 8:11 AM
transparency, opportunity, recognition, personal growth, clarity in responsibilities all are equally important for employee.
Moorea Thill's curator insight, September 24, 2013 8:16 AM

This article hits point on. I prefer my boss to be clear, direct, and willing to listen to the lower level employees suggestions on how to improve. I am more likely to improve and succeed if my boss has these qualities. 

Joanne Brooks's curator insight, September 25, 2013 2:13 PM

Of course business owners want and need engaged employees.. this article has some fabulous suggestions that we should all put into action today. 

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Trends in M&A Provisions: Indemnification as an Exclusive Remedy - Bloomberg Law

Trends in M&A Provisions: Indemnification as an Exclusive Remedy - Bloomberg Law | Real estate | Scoop.it
Trends in M&A Provisions: Indemnification as an Exclusive Remedy Bloomberg Law In merger and acquisition (“M&A”) transactions, the definitive purchase agreement (whether asset purchase agreement, stock purchase agreement, or merger agreement)...
Greg Lustig's insight:

All clauses in an M&A agreement must be carefully analyzed and evaluated for both their long and short tern effect. Clauses dealing with jurisdiction,breach,indemnification,limitation of damages and remedies. deserve particular attention as each one can dramatically effect the rights and remedies of the damaged party.

 

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Employee Engagement And Your Operational Strategy

Employee Engagement And Your Operational Strategy | Real estate | Scoop.it

Via Daniel Watson
Greg Lustig's insight:

To fully engage employees ,you need to make them feel that they are an 

intregral part of the process.

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Joanne Brooks's curator insight, September 9, 2013 10:48 PM

Employee enagagement whilst not easy it vital to any business ... you just have to look at how the benefits outweigh the work... loyalty, enthusiasm, productivity, profitability, motivated... and the list goes on!

Baillie Lumber's curator insight, September 10, 2013 5:35 AM

Yes employee engagement is critical in executing on a successful operational strategy. The authors point of ensuring your culture is aligned and supports employee engagement is a good one. If your culture does not support the strategic direction i might be worth the time to find ways to bridge that gap!

Donna Karlin's curator insight, September 10, 2013 5:52 AM

Where operational strategy meets organizational culture.

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What's the Point of Creativity?

What's the Point of Creativity? | Real estate | Scoop.it
Creativity cannot be divorced from the real needs of real people.

Via Marylene Delbourg-Delphis
Greg Lustig's insight:

Without creativity there is no progress.

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animedubbedonline's comment, September 9, 2013 12:06 PM
beautiful
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The Two Sides of MBO Partners: Things May Not Always Be What They Seem

The Two Sides of MBO Partners: Things May Not Always Be What They Seem | Real estate | Scoop.it
For a variety of reasons this past year, I have begun to look differently at MBO Partners.

Via Gene Zaino
Greg Lustig's insight:

it is important to remember that MBO partners have their own agenda.MBO  financial partners are in business to make money on their money .It is highly possible that your investors goals which are typically short term in nature will conflict with management's primary objective which should be growing their business.

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Gene Zaino's curator insight, August 30, 2013 1:30 PM

The inside scoop on MBO

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Debt vs. Equity Financing

Debt vs. Equity Financing | Real estate | Scoop.it

There are several different types of financing that a business can use to operate, each with their own pros and cons. There two main types of financing: equity financing and debt financing. Equity financing is simply funding from the owners of the business. Debt financing is the other form of business financing. There are several forms of debt financing, but they all involve interest and require the debt to be repaid.


Via Peter John Baskerville
Greg Lustig's insight:

In the case of equity financing,there are multiple factors that must be considered.The most important is how the valuation of the company is determined.Although a multiple of EBITA works well for established companies,it doesn't acurately reflect the value for new or emerging companies.Also,at issue is whether the company is valued at pre or post investment .A second factor to consider is whether the equity investor intends to be active or passive in regards to management.VC as well as private equity will often demand multiple board positions as well as input on executive management hiries and key management decisions.Thirdly,and perhaps most importantly,the intended holding period for a major investor must be taken into account.Typically,VC and PE both prefer short holding periods of anywhere between 2-5 years.This may not seem like something to be concerned about until your company is faced with the problem of finding the funds necessary for the redemption of the investors shares.Too often valuable assets or the company itself will have to be sold to pay off the investor(s).Lastly,the cost of the invested capital must be considered in comparison to the fixed cost of  alternative debt sources.Although equity looks better on a company's financial statements,VC and PE investors normally are looking for 25%-35% annualized cash on cash returns on a look back basis.Althouth this type of return  maybe possible for high tech startups with patented technology and market leading potential ,it is a very high mountain to climb for most companies.

 

 

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5 Basic But Important Things New Managers Need To Know

5 Basic But Important Things New Managers Need To Know | Real estate | Scoop.it

Via Daniel Watson
Greg Lustig's insight:

There is a significant difference between rising through the ranks to a position of authority and starting a business where you are instantaneously thrust into a position of power by virtue of your investment.Those who have risen through the ranks with positions of increasing authority are much more likely to understand what it takes to be an effective leader.Where as founders are often so invested in their business that they are driven by the fear of failure .Instead of leading they rule.Employees are marginalized to the point  that they work in constant fear of the loss of their job.This not only inhibits the employees development ,it poisons the corporate enviorment.

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Daniel Watson's curator insight, October 23, 2013 4:52 PM

 

Business owners seeking to develop and grow their businesses, will eventually need to become employers, and at that point they will need to understand how to effectively manage employees.

 

Despite common misconceptions, business owners do not instinctively know how to manage people, and most new to the game make many mistakes that can be avoided with a little prior knowledge.

 

This excellent article, suggests that most business owners unfortunately learn the hard way as to the best ways of managing people , and it offers five important things business owners need to know before they take on employees who they will manage.

Marie-Ann Roberts's curator insight, October 24, 2013 12:35 AM

Some sound and common sense advice here. The vast majority of new managers are thrown in at the deep end. This information is particularly relevant to 3001 - Outcome 3 and also Unit 3005.

Helen M. Tucker's curator insight, October 24, 2013 9:22 AM

How well do you manage your staff?  Food for thought

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Allegiance takes M&A global to find best deals - Dallas Business Journal

Allegiance takes M&A global to find best deals - Dallas Business Journal | Real estate | Scoop.it
Allegiance takes M&A global to find best deals Dallas Business Journal Rather than establish offices in all these foreign countries, the founder and chairman of Dallas-based Allegiance Capital Corp joined the Globalscope Partners, a network of 34...
Greg Lustig's insight:

When I resumed my M&A career,I  too decided to join a full service global consulting firm,Integral Management Consultancy, composed of 125 former "C" level executives with offices in 35 countries.While America has long been a hotbed for foreign investors,more and more US based companies have opened up offices all over the world making business truly global in scope.From an M&A perspective ,it would appear that its future should be global as well.

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One Simple Tip For Refining Your Business Concept

One Simple Tip For Refining Your Business Concept | Real estate | Scoop.it

Via Daniel Watson
Greg Lustig's insight:

FOCUS !!!!!

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Daniel Watson's curator insight, October 3, 2013 5:49 PM

 

Business owners can be an impatient lot, always ready to jump to the "how we are going to make any idea happen" mode, before determining whether the idea is the best or even the right solution for the supposed problem at hand.

 

This tendency to move quickly to action, can prove detrimental to the growth of any business, as the costs of addressing a problem with a less than optimal solution, or addressing the wrong problem, can be high.

 

This excellent article, suggests that to avoid the trap of moving to quckly to the how of implementing a business idea, business owners should spend a lot more time clarifying what the actual problem their idea intends to solve is before commiting resources to the how of implementation.

John Zinga's curator insight, October 4, 2013 1:19 PM

Great Article for the start up companies out their who think they may be reasdy to launch.  Semms to me this is a nice little tip to safely save you some time and money and potentially hurting a positiver Launch.

Know what your intentions are and focus on how to promote those ideas clearly to ensure a more successful Launch.  Happy Selling .

Greg Lustig's curator insight, October 17, 2013 8:24 AM

FOCUS !!!!!

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Three Fundamental Laws Of Success in Financial Management

Three Fundamental Laws Of Success in Financial Management | Real estate | Scoop.it

Via Daniel Watson
Greg Lustig's insight:

Far too often in sales organizations,financial management is ignored or disregarded in the company's quest to drive revenues.When used properly,financial management provides a powerful check and balance perspective that is designed to maximize profitability.

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Lorinda Forrest's curator insight, October 17, 2013 11:14 AM

The numbers tell the story...

harish magan's curator insight, October 25, 2013 8:02 PM

A key tenent to becoming a successful business owner, is to avoid making serious errors in financial management, and the best way to do so is to develop an understanding of the fundamental laws of financial management.

 

Far too many businesses fail to survive due to their disregard for these fundamental laws, and every business owner should make it their business, to develop a clear understanding of the laws of success in financial management.

 

This good article, suggests that there are only three things you need to do to be financially astute in business, and it provides a simple explanation of each law and how it should be applied.

Dennis Staples's curator insight, November 6, 2013 12:05 PM

Three rules to lay the groundwork for a suvccessful business!

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Secondary market M&A surge mystifies industry - Pensions & Investments

Secondary market M&A surge mystifies industry - Pensions & Investments | Real estate | Scoop.it
Secondary market M&A surge mystifies industry
Pensions & Investments
They say it's not clear whether the number of recent M&A deals reflects industry consolidation or a change of partners among secondary firms.
Greg Lustig's insight:

Given the lack if access to capital markets,corporate growth has become much more challenging.In addition, it has become much more difficult to compete with larger better funded competitors. As such, consolidation makes sound economic and business sense for those companies smart enough to recognize the reality of their situation.

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16 Critical Mistakes Business Owners Make

16 Critical Mistakes Business Owners Make | Real estate | Scoop.it

Via Daniel Watson
Greg Lustig's insight:

Making mistakes is an inevitable event that occurs in all businesses and at all levels of an organization.Although one can and should learn from their mistakes,it is impossible to avoid them or to operate in a mistake free business environment. The key to dealing with mistakes is to deal with them head on an effort to minimize their impact.

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BSN's curator insight, September 21, 2013 1:11 PM

16 Critical Mistakes Business Owners Make

 

#business #smallbusiness #startups

Business-Netz's curator insight, September 22, 2013 8:46 PM

Sehr gute Zusammenfassung!

rrenny's curator insight, September 23, 2013 3:56 AM

a good read!

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Management - Do you run your business or does it run you?

Management - Do you run your business or does it run you? | Real estate | Scoop.it
One of the risks of running a business, especially as a soloist, is that it will take over your life. Here are four key ways to mitigate the risks.

Via Anthony M Turner
Greg Lustig's insight:

Many if not most small business leaders are too busy creating business to effectively manage their business.Others simply are not good managers which is not a prerequisite for owning a business.In either case ,this results in a reactive management style as opposed to a proactive approach based on planning.Even in large corporations where actual management is delegated to the various members of the executive team,leadership can fall prey to the same challenges as they become too focused on producing projected results for their shareholders rather than actually managing the business.In such cases,the  business seems to take on a life of  its own In which its leaders are forced to react rather than manage.This can be avoided with foresight and careful planing for all foreseeable risks.

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John Wade: Coach; consultant; mentor's curator insight, September 12, 2013 4:59 AM

Good advice. I know many small and micro business owners who are prepared to sacrifice that which is outside their business, for the sake of what should be happening inside their business.

 

Following any (all?) of thse will help mitigate what might otherwise be costly...

John Wade: Coach; consultant; mentor's curator insight, September 12, 2013 5:08 AM

Good advice. I know many small and micro business owners who are prepared to sacrifice that which is outside their business, for the sake of what should be happening inside their business.

 

Following any (all?) of thse will help mitigate what might otherwise be costly...

Phyllis Smith's curator insight, October 25, 2013 6:13 AM

No matter what anyone thinks about being a solo entrepreneur - you're still accountable for the productivity of your business and you will still wear the many hats it takes to have a successful business.  Don't think its a 9 to 5 job - as a business owner - you're always "on".

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Why Some Entrepreneurs Succeed--and Some Don't

Why Some Entrepreneurs Succeed--and Some Don't | Real estate | Scoop.it
Inc. editor-in-chief Eric Schurenberg reflects on this year's Inc. 5000 list and the highs and lows of living the entrepreneurial life.

Via The Fish Firm
Greg Lustig's insight:

Calling yourself an entrepreneur doesn't guarantee you sucess.Success is based on a combination of factors:a sound business concept,needed products or services sufficient capital,marketing talent,sales abilities,and a strong management team. By its very definition,a strong entrepreneur must have the ability to assemble the pieces,mold them into a cohesive unit and lead them to success.Many try,few succeed.

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360Logica's comment, September 12, 2013 9:54 AM
Each individual have diff temperament...and yes various factor also matters...
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Location! Location! Location!

What is the first rule in selecting an investment real estate property ?

Greg Lustig's insight:

 What does it really mean?The phrase is based on the common belief that when buying investment real estate,location is the most important factor.It would seem to be relatively easy to find out  the best areas for a real estate investment.Just read the paper or ask any knowledgeable commercial real estate broker.However, keep in mind that there is a significant learning curve involved when buying a propery at a location with which you have no familiarity .The less you know about an area or specifically a location,the less likely your investment will be successful.It is far better to select a location and a property type that you know and understand since you will be working within the framework of your own knowledge.

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You see, but you do not observe., thenorwoodbuilder: Billy Wilder, The Private...

You see, but you do not observe., thenorwoodbuilder: Billy Wilder, The Private... | Real estate | Scoop.it
thenorwoodbuilder:
“ Billy Wilder, The Private Life of Sherlock Holmes, 1970
Arthur Conan Doyle, The Sign of the Four
And, of course…
(Oh, John! You could at least appreciate that, in 150 years, he...

Via Paul Jones
Greg Lustig's insight:

The power of observation requires an open mind and a willingness to listen rather than talk.

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3 key investments B2B companies need to make for a successful ...

3 key investments B2B companies need to make for a successful ... | Real estate | Scoop.it
Earlier this year, investment goliath Goldman Sachs announced a job opportunity for a social media strategist. While the B2B banking and securities firm acknowledged the risks of becoming active on social media, it also ...

Via Terry Stidham
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