Activists Swing More, Hit Less and Investors Push for In-Person Meetings

Amidst an uptick in new campaigns in 2024, activist investors are seeing their batting average decrease. Per Barclays’ Q3 activism review report, published this week, only 84 board seats have been awarded to activists year-to-date compared to 109 last year. This, of course, is further evidence that the universal proxy is not the boon to activist effectiveness in proxy fights that was once thought. But not all is bad news for activists. Barclays says that ~20% of targeted company CEOs resigned within a year compared to the ~12% average in the past two years.

 

In a continuation of recent trends, Barclays also highlighted that first-time activists have, for the first time, surpassed major players in terms of activity, initiating ~22% of campaigns launched YTD.

 

A recent example is the little-known PE shop-turned-activist AJ Investments, who has been pushing Assassin’s Creed game maker Ubisoft to sell itself and change its CEO. Last week, the Slovakia-based fund upped the pressure by claiming to have support from ~10% of its shareholders ahead of its meeting with management Tuesday. The news comes as Ubisoft employees strike following the company’s new return-to-office policy, joining other tech giants like Amazon.

 

Speaking of in-person, Big Tech companies aren’t the only ones calling for a return to in-person business – so are investors, according to Barron’s. Rebecca Ungarino reports on the growing investor discontent with virtual annual meetings, with some claiming that companies are using it as a tactic to suppress potentially unwelcome investor voices. Smaller investors and special interest groups believe they should be given more of a platform to voice concerns and present proposals, which is hard to do with a call queue and a mute button.

 

Have a safe and happy holiday,

GPP team 

ACTIVISM

Reuters: CVS Explores Options Including Potential Break-Up, Sources Say

Anirban Sen first reported that after cutting guidance for a third consecutive quarter in August and facing continued pressure from activist Glenview Capital, the retail and pharma giant will review strategic options, which include separating its retail and insurance units. Read More

Bloomberg: Activist Jana Partners Ups Stake in Software Provider Rapid7

Following Jana's decision to increase its stake in the cybersecurity software company to 13%, the activist investor plans to intensify pressure on assessing sale opportunities, according to Crystal Tse. Read More

CORPORATE GOVERNANCE

Bloomberg: Opposition to Toyota’s Chairman Spreads Among Big Shareholders

Toyota Chairman Akio Toyoda is facing increased levels of dissent from shareholders, who are releasing details of their voting decisions after a series of vehicle safety issues. Read More

Fortune: Shareholder Proposals on Diversity, Pay Equity, and Plastic Pollution Got Less Support This Proxy Season

Diane Brady and Joey Abrams report that annual shareholder meetings are becoming increasingly virtual and that interest in diversity, gender and pay equity-related proposals has dwindled this proxy season. Read More

Harvard Law School Forum on Corporate Governance: Shareholder Rights and the Bargaining Structure in Control Transactions

Recent legal reforms have weakened shareholders’ ability to sue for breaches of fiduciary duty, raising concerns about shareholder protection and leaving shareholder interests and general market efficiency unbalanced. Read More

M&A

The Wall Street Journal: UAE’s Adnoc Inks $13 Billion Deal to Buy Germany’s Covestro

As a part of the company’s effort to transform into a fully integrated energy company, the oil producer will make a $13 billion bet on chemical materials company Covestro. Read More

Axios: Techem Deal Marks TPG's Largest Climate Investment

Dallas-based TPG will take over German metering company Techem for €7 billion. The company offers homeowners and tenants devices that monitor water usage and energy data. Read More

Axios: EchoStar Eyes Competition Against Telco Giants

Tim Baysinger reports on EchoStar’s sale of Dish Network, allowing EchoStar to focus on its Boost Mobile business and compete with the Big Three mobile providers Verizon, AT&T, and T-Mobile. Read More

FROM OUR DESK TO YOURS


Last week, GPP welcomed The New York Times’ Preeta Das for a discussion of her new book “Billionaire, Nerd, Savior, King: Bill Gates and His Quest to Shape Our World,” which chronicles Gate’s rise, and our cultural fascination with billionaires, and their secrets. She shared her research process, which included a fun story about a “hike” that just so happened to lead to a quasi-secret tunnel to one of Gates’ properties. You can check out her coverage from her new beat in Delhi here.

PEOPLE MOVES

  • Charles Schwab CEO Walt Bettinger will retire at the end of 2024, he’ll be replaced by Rick Wurster but remain co-chair of the Schwab’s board. Read More
  • Former Apollo partner and general counsel for the firm’s credit arm Joseph Glatt will join Paul Weiss in New York. Read More
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