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☆ Activist Anson Funds may have spotted a huge opportunity for value in Five9
▼ + stars: | 2024-08-03 | by ( Kenneth Squire | ) www.cnbc.com time to read: +5 min

Business: Five9 provides intelligent cloud software for contact centers in the United States and internationally. It offers a virtual contact center cloud platform that delivers a suite of applications, which enables the breadth of contact center-related customer service, sales and marketing functions. Five9 is a cloud-based contact center software provider empowering clients with solutions for customer service, sales and marketing. It is a developer and provider of AI contact center solutions that augment or replace human beings often at more than double the price. As an independent company, Five9 has a tremendous opportunity for value.

Persons: Anson, Moez Kassam, Sagar Gupta, InContact, Five9, Mike Burkland, Ken Squire Organizations: Legion Partners, Nice, Five9, 13D Locations: United States

☆ Sachem Head’s Andy Stafman joins Twilio’s board. Here’s how he may help grow margins
▼ + stars: | 2024-04-06 | by ( Kenneth Squire | ) www.cnbc.com time to read: +6 min

More recently, after nominating a majority director slate, Sachem Head settled for three board seats at US Foods. Taking board seats signifies both commitment and contribution, and this philosophy and style is really paying off for Sachem Head. After 2021, the revenue growth started slowing: It's 8.5% today, and it's estimated to be 5% to 10% in the coming years. As much as a growth market rewards hyper-growth stocks, it punishes those companies when revenue growth slows. On March 30, Sachem Head received a board seat for Andy J. Stafman, partner at Sachem Head, and agreed to withdraw its notice of shareholder proposals and nomination of candidates for election to the board at the 2024 annual meeting.

Persons: Scott Ferguson, Sachem, Ferguson, Olin —, Twilio, Twilio's, Jeff Lawson, Khozema, denigrate Lawson, Sinch, Andy J, Stafman, Anson, Sagar Gupta, Thomas Wyatt, Ken Squire Organizations: Pershing, Olin, US Foods, Sachem, Communications, Gartner, IDC, Twilio . Legion Partners, Anson Funds, Legion Partners, 13D Locations: Twilio

☆ Twilio board shakeup prompts renewed activist scrutiny
▼ + stars: | 2024-04-04 | by ( Rohan Goswami | In Rohangoswamicnbc | ) www.cnbc.com time to read: +4 min

On Monday, Twilio announced a settlement with Sachem Head, an activist investor whose involvement in the company had been previously unreported. The agreement resulted in Twilio, which sells communications software, giving a board seat to Andy Stafman, a partner at Sachem Head. Two days later, Twilio said Byron Deeter, a prominent venture capitalist and early investor in the company, would be leaving the board. On March 11, less than a week after Twilio concluded the review, Sachem Head told the company it planned to nominate board candidates. "This issue remains relevant despite Mr. Deeter's departure given the continued directorship of another Bessemer partner," Gupta said.

Persons: Twilio, Jeff Lawson, Anson, that's, Andy Stafman, Byron Deeter, Sagar Gupta, Gupta, Lawson's, Legion, FactSet, Lawson, Sachem, Stafman, Deeter, Bessemer, Jeff Epstein Organizations: Anson Funds, Sachem, Board, Nasdaq, Legion Partners, CNBC, Bessemer Locations: Twilio, Europe, Anson, Bessemer

☆ Twilio CEO Lawson steps down after bruising activist battles
▼ + stars: | 2024-01-08 | by ( Rohan Goswami | In Rohangoswamicnbc | ) www.cnbc.com time to read: +3 min

The move comes as Twilio grapples with two activist investors who have been pushing for significant changes. In a regulatory filing announcing the move, the company also said Twilio expected fourth-quarter revenue and income to come in above its prior guidance. Lawson will also step down from Twilio's board, where he had served as chairman. "I am honored to step into the CEO role," Shipchandler said in a release. We look forward to continuing to engage with Twilio's Board and management team going forward," he added.

Persons: Jeff Lawson, Spain Twilio, Twilio, Lawson, Khozema, Shipchandler, Jeff Epstein, we've, Jeff Lawson's, Sagar Gupta, Gupta, Partner's Organizations: Twilio, Mobile, Congress, Bessemer Venture Partners, Anson Funds, Legion Partners, CNBC, Qatalyst Partners, Twilio's, Partners, Twilio's Board, CNBC PRO Locations: Barcelona, Spain, Twilio

☆ Twilio lays off 5% of employees in unit activists want to divest
▼ + stars: | 2023-12-04 | by ( Rohan Goswami | In Rohangoswamicnbc | ) www.cnbc.com time to read: +3 min

Jeff Lawson, chief executive officer of Twilio Inc., during the Singapore FinTech Festival in Singapore, on Friday, Nov. 17, 2023. Software provider Twilio said Monday it would lay off roughly 5% of its workforce citing underachievement in the growth of a unit that activist investors have targeted. The cuts will strike deepest in Twilio's Data and Applications unit, the same unit activist investors at Legion Partners and Anson Funds are pushing Twilio CEO Jeff Lawson to divest. Lawson said in his letter that Twilio will also change how it sells its Flex digital engagement product. Anson and Legion have pushed Twilio to sell the Data & Applications unit, if not the whole company.

Persons: Jeff Lawson, Twilio, Anson, Legion, Lawson, hasn't Organizations: Twilio Inc, Singapore FinTech Festival, underachievement, Legion Partners, Anson Funds, CNBC, Securities, Exchange Commission, Communications, Legion Locations: Singapore

☆ Activist fund Anson takes Twilio stake, urges board to sell
▼ + stars: | 2023-11-28 | by ( Rohan Goswami | In Rohangoswamicnbc | ) www.cnbc.com time to read: +2 min

Activist investor Anson Funds has built a stake in Twilio and sent a letter to the enterprise software company's board pushing for the sale of the entire business, a person familiar with the matter told CNBC. The letter to the board urges Twilio to either sell itself or at a minimum, divest its data and applications business, the person familiar said. "Twilio regularly engages with shareholders and appreciates constructive input that furthers our goal of creating sustainable long-term value," a Twilio spokesperson told CNBC in a statement. The continued activist attention caps off a challenging year for Twilio, which makes software that helps businesses engage with their customers. In March, Silver Lake and CPP Investments announced a deal to take survey software company Qualtrics private in a $12.5 billion deal.

Persons: Jeff Lawson, Anson, Twilio, Sagar Gupta, Gupta Organizations: Twilio Inc, New York Stock Exchange, CNBC, Legion Partners, The, Twilio, Communications, Tech, Investments, IBM, Cisco, CNBC PRO Locations: New York, Twilio, Silver

☆ Activist Engaged Capital sees a path to lift VF Corp’s share price and slash costs
▼ + stars: | 2023-11-04 | by ( Kenneth Squire | ) www.cnbc.com time to read: +6 min

Activist Commentary: Engaged Capital was founded by Glenn W. Welling, a former principal and managing director at Relational Investors. Engaged has had great success as an activist, but almost all that success has come at small-cap companies. VF Corp. was in desperate need of a new CEO, and they got one. Engaged also urges VF Corp. to evaluate non-core divestitures to fix the balance sheet. After adding up all the pieces, Engaged sees a path to a $46 share price within three years.

Persons: Glenn W, Steve Rendle, Rendle, Bracken Darrell, Darrell, Rendle's, Ken Squire Organizations: Welling, Relational Investors, VF Corp, Bloomberg, Partners, Management, Vans, Logitech, Corp, 13D

☆ VF Corp withdraws annual forecasts on slowing demand for higher-priced apparel
▼ + stars: | 2023-10-30 | by ( ) www.cnbc.com time to read: +2 min

VF Corp withdrew its full-year revenue and profit forecasts on Monday, with demand for its higher-priced apparel and footwear easing as customers turn more cost conscious, especially in the United States. Shares were down 4% in extended trading after VF Corp also reported a lower-than-expected second-quarter profit. Sales in Americas, its biggest market, fell 11% in the reported quarter, but rose 8% in Greater China helped by a rebound in demand after the COVID-19 pandemic. The company posted quarterly adjusted earnings per share of 63 cents, below analysts' expectations of a profit of 65 cents. Its second-quarter revenue fell 2% to $3.03 billion in the quarter ended September, compared with analysts' estimate of $3 billion, according to LSEG data.

Persons: Macy's Organizations: Corp, Vans, VF Corp, Capital, Partners Asset Management Locations: United States, Americas, Greater China

☆ Activist Legion Partners spots two possible paths to create value at Clear Channel Outdoor
▼ + stars: | 2023-07-01 | by ( Kenneth Squire | ) www.cnbc.com time to read: +6 min

Business: Clear Channel Outdoor is an out-of-home advertising company that offers a variety of advertising services, including through billboards, street furniture displays, transit displays and airport displays. Activist Commentary: Legion is an activist investor whose managing directors are Chris Kiper, previously of Shamrock Activist Value Fund, and Ted White, previously of European activist fund Knight Vinke. Clear Channel effectively has two business lines – Americas and Europe, each with very different business models and valuations. Moreover, since this strategic review of Europe began in December 2021, Clear Channel has announced the sales of businesses in Italy, Spain and Switzerland. CCO first announced its strategic review of the European business in December 2021 and very little has come to fruition.

Persons: Chris Kiper, Ted White, Knight Vinke, Legion, CCO, CCO's underperformance, Ken Squire Organizations: Clear, Value Fund, Legion Partners, Europe, Legion, 13D Locations: U.S, Europe, Americas, iHeartMedia, Italy, Spain, Switzerland, America

☆ Corporate agitators slow down in Q2 but ready to pounce in H2 -Barclays data
▼ + stars: | 2023-06-30 | by ( Svea Herbst-Bayliss | ) www.reuters.com time to read: +3 min

Investors, bankers and lawyers expect a busy second half where activists may become more involved in trying to jumpstart mergers and acquisitions (M&A). "Volatile markets and depressed M&A markets are not deterring activists from launching campaigns in 2023," said Jim Rossman, global head of shareholder advisory at Barclays. In the second half, Barclays' Rossman expects to see a market with pent-up demand for M&A and $1.4 trillion parked in private equity firms' war chests that needs to be put to work. "The proof is in the pudding in the 2023 proxy season," Rossman said. "Activists won seats at 80% of proxy contests that went to a final vote, compared to 33% in 2022."

Persons: Jim Rossman, ValueAct, Carl Icahn, Francis deSouza, Elliott, Rossman, Svea Herbst, Bayliss, Jamie Freed Organizations: YORK, Elliott Investment Management, Capital, Legion Partners, Barclays, Holdings, Inclusive, Partners, Bayer, Reuters, Capital Management, Svea, Thomson Locations: Europe, Asia, United States

☆ Stocks making the biggest moves midday: Intel, C3.ai, Advance Auto Parts, HP and more
▼ + stars: | 2023-05-31 | by ( Michelle Fox | ) www.cnbc.com time to read: +4 min

Ambarella — The chip stock fell 11.76%. Hewlett Packard Enterprise – Shares of the tech company slid 7.09% a day after the company posted a mixed quarterly report. HP – The stock fell 6.05%. Its adjusted earnings per share of 80 cents topped the 76 cents per share expected. Twilio – The tech stock rallied 11.09%.

Persons: David Zinsner, Ambarella, KeyBanc, Carvana, Twilio, KeyCorp, CNBC's Hakyung Kim, Jesse Pound, Brian Evans, Tanaya Macheel, Fred Imbert Organizations: Intel, Avis Budget, Deutsche Bank, Nvidia —, Nvidia, Hewlett Packard Enterprise, HP, Refinitiv, Micron Technology, Goldman Sachs Global Semiconductor Conference, Micron, Partners, Zions Bancorp, Citizens Financial Group, Truist Locations: China, –

☆ Stocks making the biggest moves premarket: Advance Auto Parts, SoFi, Twilio and more
▼ + stars: | 2023-05-31 | by ( Brian Evans | ) www.cnbc.com time to read: +2 min

A vehicle pulls out of a parking space outside an Advance Auto Parts Inc. store in Peoria, Illinois. The company earned an adjusted 52 cents per share, beating a Refinitiv forecast of 48 cents per share. Advance Auto Parts — The car parts retailer plummeted more than 25% after a wide earnings miss. The company reported an adjusted 72 cents per share against a Refinitiv consensus forecast of $2.57 per share. American Airlines – Shares of the air carrier rose about 2% premarket after the company raised expectations for the second quarter.

Persons: Bud Light, Ambarella, —, Samantha Subin, Fred Imbert, Tanaya Macheel Organizations: Inc, Anheuser, Busch, Hewlett Packard Enterprise, Partners, StreetAccount, FactSet, American Airlines – Locations: Peoria , Illinois

☆ Activist investor Legion urges Twilio to consider board changes, divestitures- The Information
▼ + stars: | 2023-05-30 | by ( ) www.reuters.com time to read: +2 min

May 30 (Reuters) - Activist investor Legion Partners has met Twilio Inc (TWLO.N) officials several times, urging the cloud computing company to make changes to its board and consider divestitures, The Information reported on Tuesday. A spokesperson for Legion confirmed to Reuters that it has been in dialogue with Twilio, adding the hedge fund is hopeful that "significant action" will be taken. Twilio's use of supervoting shares, which give Chief Executive Jeff Lawson a near 22% voting stake, is set to expire in less than a month, according to The Information report. Shares in Twilio jumped about 5% after the report. The company in February had said it was eliminating about 17% of its workforce and closing some offices to improve profitability.

Persons: Twilio, Jeff Lawson, Lawson, Deborah Sophia, Shilpi Majumdar Organizations: Partners, Twilio Inc, Legion, Reuters, Bed, Wall, Thomson Locations: Twilio, Francisco, Bengaluru

☆ Exclusive: Activist Legion Partners nominates 4 directors at Primo Water -letter
▼ + stars: | 2023-03-06 | by ( Svea Herbst-Bayliss | ) www.reuters.com time to read: +3 min

NEW YORK, March 6 (Reuters) - Activist investor Legion Partners Asset Management is pushing for four new directors to join Primo Water Corp's (PRMW.N) board, arguing they could help the water company's share price triple over five years. Legion nominated experts in water delivery, beverage operations, marketing and capital allocation as director candidates for election to the U.S.-Canadian company's 10-person board to help reverse "chronic underperformance," according to a letter seen by Reuters. "Substantial shareholder-driven change in the boardroom is long overdue and necessary at the 2023 Annual Meeting in order for Primo to achieve its full potential," Legion's managing directors, Chris Kiper and Ted White, wrote to fellow Primo Water shareholders. Legion, which helped place directors onto boards at Bed Bath & Beyond and Kohl's, said it owns a 1.5% stake in Primo Water and has been an investor in the past. Primo Water offers home and office water delivery, water exchange, where customers return their empty water jugs and buy new ones at retailers, and water refill, its most affordable offering, where customers refill jugs themselves.

☆ Bed Bath & Beyond's founders admit their biggest mistake: 'We missed the boat on the internet'
▼ + stars: | 2023-01-27 | by ( Alex Bitter | ) www.businessinsider.com time to read: +2 min

Bed Bath & Beyond's founders say they "missed the boat on the internet." But they admit that there was one trend they weren't ahead of: "We missed the boat on the internet," Eisenberg told the Wall Street Journal on Friday. That mistake is one of the main reasons that Bed Bath & Beyond is dealing with a loan default and a potential bankruptcy and struggles to keep items on its shelves. While other retailers invested in online options like store pick-up and delivery options, Bed Bath & Beyond was slower to introduce those services. Eisenberg, 92, and Feinstein, 85, founded Bed Bath & Beyond in 1971 and made it an early success among discount retailers.

Carl Icahn had a textbook strategy for the Nevada-based energy utility Southwest Gas Holdings. In August, Southwest Gas' board decided against a divestiture, and the sale of subsidiaries that Icahn had urged remains uncertain. "Shareholders don't want to hear it, but you really have great difficulty selling a company at a good price today," the widely followed activist investor Icahn told Insider. via CNBCBut, like Icahn in the case of Southwest Gas, participants in this new onslaught may find themselves confounded by an increasingly complex and fraught business environment. According to Lazard, 37% of activist campaigns this year were launched by first-timers, the highest proportion since the company started tracking these figures in 2015.

Carl Icahn had a textbook strategy for the Nevada-based energy utility Southwest Gas Holdings. In August, Southwest Gas' board decided against a divestiture, and the sale of subsidiaries that Icahn had urged remains uncertain. That means that the sale of companies like Southwest Gas is off the table for the time being — or will get done at prices far lower than before. via CNBCBut, like Icahn in the case of Southwest Gas, participants in this new onslaught may find themselves confounded by an increasingly complex and fraught business environment. According to Lazard, 37% of activist campaigns this year were launched by first-timers, the highest proportion since the company started tracking these figures in 2015.

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