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Activist investor Elliott Management said Monday it would mount a proxy fight to push for change at Southwest Airlines through a special shareholder vote unless management is willing to negotiate, citing a poison pill and board expansion that the investor views as "entrenchment maneuvers." Elliott in its letter to Southwest's board said it remained open to collaboration, but that the board had taken steps to box Elliott out. A proxy fight would be expensive and challenging for Elliott and Southwest Airlines. Activist investors can mount proxy fights if they are seeking to force change in a company's leadership or operations. Companies usually settle with Elliott, one of the most successful activist investors, rather than risk taking on the activist in a proxy battle.
Persons: Elliott Management, Elliott, Bob Jordan, Gary Kelly, underperformance, John Pike, Bobby Xu, expeditiously, Rakesh Gangwal, Pike, Xu Organizations: Southwest Airlines, Elliott, Southwest, Companies, Salesforce Locations: Southwest
Rather than sparking typical cheer on Wall Street, Elliott's campaign, spelled out in a 50-page presentation, led to confusion and concern among investors and customers. Several activism experts pointed to two of Elliott's past targets for insight into the hedge fund's strategy for Southwest: Suncor Energy in 2022 and Marathon Petroleum in 2019. Elliott partner John Pike, who is now leading the Southwest campaign, was involved in the firm's actions at both energy companies. Pike and portfolio manager Bobby Xu are leading Elliott's Southwest campaign. But in 2018, a few months after reaching an agreement with Elliott, Marathon announced it was only getting bigger.
Persons: David Paul Morris, Elliott, Bob Jordan, Gary Kelly, Elliott hasn't, Southwest's, John Pike, Haviv Ilan, Marc Benioff, Jordan, Pike, Bobby Xu, Vinson, Elkins, Mark Little, Elliott's Pike, Suncor's, Little, Rich Kruger, Candace Elliott, Marathon, Weeks, Gary Heminger, Mike Hennigan, Hennigan, hasn't, It's, isn't, Kelly, it's, Xu, — CNBC's Leslie Josephs Organizations: Southwest Airlines, Oakland International Airport, Bloomberg, Getty, Elliott Management, Southwest, Melius Research, Suncor Energy, Marathon Petroleum, Marathon, Etsy . Texas, of America, Suncor's Petro, Canada, Canadian, Petro - Canada, Petro, Exxon Mobil, Reuters, Speedway, Elliott, Company, Heminger, Artisan Partners, Suncor, Southwest Airlines Pilots Association, CNBC Locations: Oakland , California, Dallas, Suncor, New York, West Palm Beach , Florida, Etsy, Canada, Sherwood Park , Alberta, Marathon, Southwest
Salesforce investors voted against the company's compensation plan for top executives, after shareholder advisory groups raised concerns about equity awards granted to CEO Marc Benioff. According to a regulatory filing on Monday, the resolution to approve the compensation received 339.3 million votes in favor and 404.8 million against at the annual meeting held on Thursday. For the 2024 fiscal year, Benioff received $39.6 million in total pay, up from $29.9 million in the prior year. While Benioff's salary was flat at $1.55 million, he received additional stock and option awards and non-equity incentive plan compensation, according to the proxy statement. Benioff was already among the largest holders of Salesforce, with a stake of over 2% valued at close to $6 billion.
Persons: Marc Benioff, Glass Lewis, Benioff, didn't, Salesforce Organizations: Institutional, Services
Boeing , Spirit AeroSystems — Boeing on Monday said it would buy back fuselage maker Spirit AeroSystems in a $4.7 billion all-stock deal. Trump Media & Technology Group — Shares of Trump Media & Technology Group rose 3% following a roughly 11% loss during Friday's session. Nio — The Chinese electric vehicle stock rose 6% on Monday after the company said vehicle deliveries rose nearly 100% in June . Tesla — The electric vehicle stock popped 6%. NextEra Energy Partners — The renewable energy stock dropped 5%.
Persons: Keith Gill, Joe Biden, Donald Trump, Birkenstock, Nio, Tesla, Beryl, , Jesse Pound, Michelle Fox, Alex Harring, Sarah Min, Hakyung Kim Organizations: GameStop, Boeing, Trump Media & Technology, Trump Media & Technology Group, UBS, Point Capital Management, NextEra Energy Partners, Royal Bank of Canada, Cruise, Royal Locations: Point, Grenada, Royal Caribbean
Read previewAfter President Joe Biden's disastrous debate performance on Thursday night against former President Donald Trump, The New York Times Editorial Board has declared that it's seen enough: Biden should step aside. "The president appeared on Thursday night as the shadow of a great public servant," the editorial board wrote. The Times' editorial board, which typically leans left on issues, has previously called on Biden to take voters' concerns about age seriously. Related storiesAnd Thursday's debate only cemented those concerns that the editorial board argued won't be dispelled through more public appearances. "That is how much of a danger Mr. Trump poses," the board wrote.
Persons: , Joe Biden's, Donald Trump, it's, Biden, Trump, Mr, aren't Organizations: Service, The New York Times, Business, Times, New York Times, The Times, White, Trump, Republican Locations: United States
Read previewPresident Joe Biden's historically bad debate performance on Thursday night was received so poorly that there's serious talk among America's commentariat that he could, or should, or needs to be replaced. AdvertisementLiz Peek, also writing for Fox News, described Biden's performance as shocking the nation and as "an astonishing disaster." It started with a devastating line: "The best that can be said of Joe Biden's stumbling debate performance was that it took place in June." Noah Smith, the American blogger, also offered a bleak assessment of the debate performance. AdvertisementAnd podcaster Joe Klein did not mince his words in his summary of Biden's debate performance.
Persons: , Joe Biden's, Biden's, Brian Stelter, Biden, Thomas L, Friedman, Prez, Mark Penn, Joe, Liz Peek, Joe Biden, Stephen Collinson, KDAhZx2jyB, Molly Ball, Ball, Peggy Noonan, Ed Luce, pollster Nate Silver, what's, Noah Smith, Trump, Joe Klein Organizations: Service, Business, CNN, New York Times, The New York, Biden, Trump, Washington Post, Fox News Fox News, Fox News, CNN Politics, Street Locations: Afghanistan, Pakistan, Lisbon, York, Washington Post The Washington, ,
Every weekday, the CNBC Investing Club with Jim Cramer releases the Homestretch — an actionable afternoon update, just in time for the last hour of trading on Wall Street. The oil rally was certainly helping our lone energy stock, Coterra Energy, which was nearly 4% higher on Monday. As a subscriber to the CNBC Investing Club with Jim Cramer, you will receive a trade alert before Jim makes a trade. THE ABOVE INVESTING CLUB INFORMATION IS SUBJECT TO OUR TERMS AND CONDITIONS AND PRIVACY POLICY , TOGETHER WITH OUR DISCLAIMER . NO FIDUCIARY OBLIGATION OR DUTY EXISTS, OR IS CREATED, BY VIRTUE OF YOUR RECEIPT OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE INVESTING CLUB.
Persons: Jim Cramer, , Procter, Cramer, Jim Cramer's, Jim Organizations: CNBC, Dow Jones, Nasdaq, Nvidia, Coterra Energy, Micron, Apple, Broadcom, Procter & Gamble, TJX Companies, Industrial, Honeywell, Gamble, Conference, Jim Cramer's Charitable Locations: Dover
Rather, look to work with institutions and individuals that are aware of the community's unique financial needs . Some 3 in 10 LGBTQ+ adults (30.8%) say they experienced discrimination when accessing financial services, according to a recent survey from the Human Rights Campaign . In many cases, parade sponsors and participants include financial institutions, from banks to real estate agencies to investment brokerages. Making that process easier is a career goal for Charles Chaffin, a financial psychologist who founded Affirming Advisor — a program designed to help financial firms better serve LGBTQ+ clientele. Vet the firmIf a financial institution is publicly supportive of the LGBTQ+ community, that's certainly a good start, says Jay.
Persons: We've, Chris Jay, you've, Charles Chaffin, , Chaffin, you'll, that's, Jay Organizations: Merrill, Human, CFP, LGBT Chamber, Commerce, Realtors, CNBC Locations: Seattle
Activist Commentary: Starboard is a very successful activist investor and has extensive experience helping companies focus on operational efficiency and margin improvement. With 90%+ gross margins and 35% operating margins, Autodesk is a leader in AEC software. Further, its operating margins are not much worse than those of its peers at first blush. However, Starboard correctly does not judge the company's operating margins on the mean of its peer set, but by the potential embodied in its gross margins and market position. He no longer serves on the board of Autodesk, but he could certainly be an informal advisor to Starboard – or a cautionary tale for Autodesk.
Persons: Max, Russell, Deborah Clifford, Clifford, bode, Sachem, Andrew Anagnost, designees, Rick Hill, Hill, designee, Ken Squire Organizations: Autodesk, Engineering, Manufacturing, Media, Entertainment, Manufacturing Solutions, Wonder, Delaware Chancery, , U.S . Securities, Exchange Commission, Delaware Court, Marvell Technology, Symantec, 13D Locations: Delaware, Autodesk's
What's next: Media Matters filed a motion to dismiss Musk's lawsuit in March, but a judge has yet to rule. VCG/GettyGovernment lawsuits and investigationsSEC investigation into Musk's Twitter takeoverThe issues: The Securities and Exchange Commission is investigating Elon Musk's Twitter purchase. Matt Winkelmeyer/Getty ImagesPersonal lawsuits against MuskTornetta v. MuskThe issues: Tesla shareholder Richard Tornetta sued Musk and Tesla in a class action lawsuit regarding Musk's compensation package, which was worth $55.8 billion at the time. Several lawsuits also allege Musk discriminated against them because of their race, gender, or disability in choosing to fire them. The executives were set to receive golden parachutes, but claim Musk and X have not paid them out.
Persons: , Elon Musk, Musk, Claire Boucher, Grimes, Alex Spiro, Sam Altman, Donald Trump, Spiro, Anna Webber, Angelo Carusone, What's, Gina Carano, Schaerr Jaffe, Tesla, Musk's, Elon, SEC hasn't, Elon Musk's, who've, Owen Diaz, Matt Winkelmeyer, Richard Tornetta, Kimbal Musk, He's, Boucher, Benjamin Brody, Brody, Brody reverberated, Ben Brody, didn't, Robert Kaiden, Kaiden, he's, Agrawal, Parag Agrawal, Ned Segal, Twitter Vijaya Gadde, Sean Edgett, Segal, hadn't Organizations: Service, SpaceX, Business, OpenAI, SEC, Trump, Trump —, Elon, Variety, Media, X Corp, Disney, National Labor Relations Board, UAW, Tesla, Getty Government, Twitter, Securities, Exchange Commission, Justice Department, Reuters, Traffic, Administration, NHTSA, Apple, NLRB, Musk's SpaceX, US, Employment Opportunity, Musk, Nazi, Litigation Locations: Texas, Texas and Missouri, America, Nazi Germany, California, Delaware, San Francisco
Ilya Sutskever, Russian Israeli-Canadian computer scientist and co-founder and chief scientist of OpenAI, speaks at Tel Aviv University in Tel Aviv, June 5, 2023. OpenAI co-founder Ilya Sutskever, who left the artificial intelligence startup last month, introduced his new AI company, which he's calling Safe Superintelligence, or SSI. "I am starting a new company," Sutskever wrote on X on Wednesday. Altman and Sutskever, along with other directors, clashed over the guardrails OpenAI had put in place in the pursuit of advanced AI. "I deeply regret my participation in the board's actions," Sutskever wrote in a post on X on Nov. 20.
Persons: Ilya Sutskever, OpenAI, Sutskever, Jan Leike, OpenAI's, Leike, Daniel Gross, Daniel Levy, Sam Altman, Altman, we've Organizations: Tel Aviv University, SSI, Microsoft, Apple Locations: Russian Israeli, Canadian, Tel Aviv, Palo Alto , California
So that's what the bank did, listing 10 signals that they found to be most reliable, as well as the best investing approach for a market peak. The index has reached 110 within the six months preceding every market peak since July 1990, and in January 2024, it reached 111. ValuationElevated stock valuations are also telling of a market peak, but Bank of America's indicators relating to P/E ratios aren't currently triggered. A third macroeconomic indicator, Bank of America's Credit Stress Indicator (CSI), is not triggered. It often drops below 0.25 within six months of a market peak, but sits at 0.39.
Persons: , Savita Subramanian, America quantifies Organizations: Service, Bank of America, Business, Conference, Bank of America Investor, Bank, America, The Conference Board, SSI, Wall Street, of America's, CSI Locations: today's
Starboard Value sued software maker Autodesk on Monday to delay the company's annual meeting and reopen the board nominating window and allow the activist to mount a proxy fight. Activists can typically only begin a proxy fight, involving the nomination of a slate of directors to replace the existing board, if they submit their proposals within a specific window. Starboard confirmed in a letter on Monday that it has a stake in Autodesk valued at more than $500 million. The company waited until April 1 to tell shareholders about the investigation, filings show, which was more than a week after the nominating window had closed. An Autodesk representative referred CNBC to its prior statements on the matter, where it said it would refuse Starboard's requests to reopen the nominating window and delay the annual meeting.
Persons: Deborah Clifford Organizations: Autodesk, SEC, CNBC Locations: Delaware Chancery
Starboard's stake is valued at roughly $500 million, according to people familiar with the matter. The results of that probe led to the ouster of Autodesk's then-CFO, Deborah Clifford, who was moved to a different executive role within Autodesk. The probe found that executives manipulated reporting tied to company's contract billing structure, as Autodesk shifted back to upfront payments from annualized payments, to improve those metrics. The delayed disclosure came a little more than a week after the deadline to nominate directors closed. Starboard is weighing legal action in Delaware Chancery court to compel the reopening of Autodesk's nominating window and the delay of Autodesk's annual meeting, the people said.
Persons: Jeff Smith, Autodesk's, Deborah Clifford, Marc Benioff's Salesforce Organizations: Autodesk, Securities and Exchange Commission, Cisco, Wall Street, Sachem, Capital Management, Eminence Capital, Justice Department, SEC Locations: Delaware
Microsoft will evaluate its employees' cybersecurity contributions in reviews that will factor into their compensation, Brad Smith, the company's vice chair and president, said ahead of a Thursday U.S. House committee hearing on the software maker's security practices. The changes represent part of Microsoft's efforts to address concerns about how much it's doing to protect its clients' data. For the current fiscal year, these high-ranking executives might see cybersecurity-related impacts reflected in their pay. "The Board also decided that for the current fiscal year, which ends on June 30, the Compensation Committee will consider explicitly each SLT member's cybersecurity performance when it makes its annual assessment of the executive's performance," Smith wrote. WATCH: Microsoft Security VP Vasu Jakkal talks cybersecurity with Jim Cramer
Persons: Brad Smith, Smith, Satya Nadella, Vasu Jakkal, Jim Cramer Organizations: Microsoft, U.S ., Department of Homeland Security, Homeland Security, cybersecurity, YouTube
Acting Secretary of Labor Julie Su is hitting the road — and wants good jobs to follow. Su is bringing the Department of Labor's "Good Jobs Principles" — a national framework for better working conditions and positions — across the country. Related storiesAs part of the tour kickoff, Phoenix Mayor Kate Gallego will also announce the city's commitment to the Good Jobs Principles. It's the DOL's latest attempt at promoting the idea of "good jobs," and making them more widespread. So it's embedding equity in the way that we're creating these jobs, " Teresa Acuna, the senior policy advisor and deputy director of the Good Jobs Initiative, said.
Persons: Labor Julie Su, Su, Biden, Kate Gallego, Teresa Acuna, Acuna, we're Organizations: Service, Labor, of, Business, Department of Labor, Biden Administration, Conference, Phoenix, Good Jobs Initiative Locations: Phoenix, Alabama, Florida, Georgia, Pennsylvania, Nevada, Michigan
Read previewInfluential proxy advisor Institutional Shareholder Services (ISS) has recommended that Tesla shareholders vote against Elon Musk's proposed $56 billion pay package. AdvertisementIt comes after Glass Lewis, another leading proxy advisory firm, also urged Tesla investors to vote against the deal. Tesla was quick to respond to the report in a letter to shareholders titled "What Glass Lewis Got Wrong About Tesla." Related storiesOn the other hand, Glass Lewis urged shareholders to reject the proposed move, saying it offered them "uncertain benefits and additional risk. "ISS and Glass Lewis effectively control the stock market," he added.
Persons: , Elon Musk's, Musk, Glass Lewis, Tesla, John Thys, Lewis Organizations: Service, Services, ISS, Tesla, Bloomberg, Business, Company, Getty, Harvard Law, Corporate, SpaceX, Boring Company Locations: Texas, Amsterdam, AFP, Tesla, Delaware
download the appSign up to get the inside scoop on today’s biggest stories in markets, tech, and business — delivered daily. Read previewAn ultra-luxe "Billionaire's Row" residential tower has been mired in a lengthy legal dispute, and some owners are now fleeing the building, according to a report in The Wall Street Journal. The condominium board at 432 Park Avenue in midtown Manhattan — once the tallest residential building in the Western Hemisphere — first sued the building's developers in 2021. In the three years since the initial lawsuit, the battle has intensified, with more than 4 million pages of documents filed in court, according to The Wall Street Journal. AdvertisementEighteen units in 432 Park, totaling 14% of the building's units, were listed for sale as of mid-May, the Wall Street Journal analysis found, citing data from StreetEasy.
Persons: Organizations: Service, Street, Hemisphere, Business, Wall Street, Wall Locations: midtown Manhattan —, New York City, StreetEasy
download the appSign up to get the inside scoop on today’s biggest stories in markets, tech, and business — delivered daily. Read previewAn ultra-luxe "Billionaire's Row" residential tower has been mired in a lengthy legal dispute, and some owners are now looking to sell building, according to a report in The Wall Street Journal. The condominium board at 432 Park Avenue in midtown Manhattan — once the tallest residential building in the Western Hemisphere — first sued the building's developers in 2021. In the three years since the initial lawsuit, the battle has intensified, with more than 4 million pages of documents filed in court, according to The Wall Street Journal. Eighteen units in 432 Park, totaling 14% of the building's units, were listed for sale as of mid-May, the Wall Street Journal analysis found, citing data from StreetEasy.
Persons: Organizations: Service, Street, Hemisphere, Business, Wall Street, Wall, WSJ Locations: midtown Manhattan —, New York City, StreetEasy
Overall job satisfaction among U.S. employees increased a modest 0.4 percentage points in 2023 from the year prior, according to the Conference Board's annual Job Satisfaction survey released this month. He cited the group's results a year before, when job satisfaction was up overall and for every subcategory. 2023 marks the 13th consecutive year that U.S. job satisfaction climbed incrementally, according to the Conference Board's reporting. Overall job happiness could be a product of workers getting more raises, experiencing more job stability or receiving more benefits, he says. More than 65% of hybrid workers expressed overall job satisfaction, topping the 64% of fully remote and 60% of fully in-person workers who said the same, per the Conference Board's study.
Persons: Allen Schweyer, Schweyer, Julia Pollak, Pollak, you've, Claudia Goldin's Organizations: Conference, Conference Board
The data does not include older Americans who have taken on student loan debt on behalf of their children. That includes about 14.9% of workers aged 55 to 64 and 17.3% of workers aged 65 and over, according to the research. The middle 40% of earners — with incomes between $54,600 and $192,000 — owe an average debt of $48,174. For older workers aged 55 to 64, it may take an average of 11 years to pay off their student loans, according to the research. "Older workers do not have decades of future potential work that younger workers have to repay their loans," Manickam said.
Persons: Karthik Manickam, Manickam Organizations: Schwartz, for Economic, New School for Social Research, Federal Reserve, Consumer Finance, Finance, Workers
Read previewTwo former OpenAI board members say artificial intelligence companies can't be trusted to govern themselves and that third-party regulation is necessary to hold them accountable. Helen Toner and Tasha McCauley were board members at OpenAI before they stepped down in November amid a chaotic push to oust OpenAI cofounder Sam Altman. AdvertisementWith Altman back at the helm, Toner and McCauley wrote that OpenAI can't be trusted to hold itself accountable. Related storiesThe former board members wrote that they once believed that OpenAI could govern itself, but "based on our experience, we believe that self-governance cannot reliably withstand the pressure of profit incentives." AdvertisementThe board's 22 members include Altman and chief executives of large tech companies, including Nvidia CEO Jensen Huang and Alphabet CEO Sundar Pichai.
Persons: , Helen Toner, Tasha McCauley, OpenAI, Sam Altman, Altman, Scarlett Johansson, Chat, Toner, McCauley, — bode, Jensen Huang, Sundar Pichai, ethicists, Margaret Mitchell Organizations: Service, Business, Department of Homeland Security, Artificial Intelligence, Security Board, Nvidia, Ars Technica Locations: OpenAI
Exxon Mobil 's monthslong battle with two environmentally focused activist investors has cost the company the support of the California Public Employees' Retirement System. The two activists submitted a shareholder proposal that would have forced the company to reduce direct emissions and set a target for lowering emissions at suppliers and customers. Exxon sued the investors in Texas federal court in January, prompting them to withdraw the proposal. Even with the activists backing off, Exxon has continued its lawsuit to prevent the activists from ever again submitting such a proposal. CalPERS said in its letter that Exxon's "reckless" lawsuit threatened shareholder activism efforts on any issue.
Persons: Darren Woods, Arjuna, CalPERS, Marcie Frost, Theresa Taylor, it's, Greg Goff, Kaisa Hietala, Andy Karsner, Jeff Ubben Organizations: APEC, Summit, Moscone West, Exxon Mobil, California Public Employees, Exxon, CNBC, ExxonMobil, Securities and Exchange Commission, Inclusive Capital Locations: San Francisco , California, Texas
Consumer spending is slowing, and it's a warning shot for the US economy as it navigates the approach to a soft or a hard landing. Meanwhile, March retail sales were revised downward, with spending rising 0.6% instead of the initially reported 0.7%. The retail sales number was sluggish with a capital 'S,'" economist David Rosenberg said in a note this week. A hard landing has been postponed partly because of the strength of consumer spending in 2023, he wrote previously. The New York Fed sees a 50% chance that the economy will tip into recession by April 2025.
Persons: David Rosenberg, Rosenberg, Primerica, Danielle DiMartino Booth, who's, Booth, Schwab, I've Organizations: Service, Business, Conference, New, Fed Locations: American, York
OpenAI co-founder Ilya Sutskever said Tuesday that he's leaving the Microsoft -backed startup. The departure comes months after OpenAI went through a leadership crisis involving co-founder and CEO Sam Altman. In November, OpenAI's board said in a statement that Altman had not been "consistently candid in his communications with the board." OpenAI has announced new board members, including former Salesforce co-CEO Bret Taylor and former Treasury Secretary Larry Summers. In 2015, Altman and Tesla CEO Elon Musk, another OpenAI co-founder, wanted Sutskever, then a research scientist at Google , to become the budding startup's top scientist, according to the lawsuit Musk filed against OpenAI in March.
Persons: Sam Altman, Ilya Sutskever, OpenAI, he's, Sutskever, OpenAI's, Altman, Helen Toner, Tasha McCauley, Adam D'Angelo, Ilya, Jakub Pachocki, Bret Taylor, Larry Summers, WilmerHale, Sue Desmond, Hellmann, Melinda Gates, Nicole Seligman, Fidji Simo, Greg, Sam, Greg Brockman, Mira Murati, Murati, Elon Musk, Musk, Dr Organizations: Tel Aviv University, Microsoft, Street, OpenAI's, Sony, Sony Entertainment, Tesla, Google, OpenAI Locations: Tel Aviv, OpenAI
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