December 21, 2024

Media Decoder Blog: Questions Linger for Hosts After Sale of Current TV

Eliot Spitzer, Jennifer Granholm, Joy Behar and the other hosts on Current TV have no idea what comes next.

On Wednesday, their television home was sold to Al Jazeera, which plans to remake Current into an international news channel with newscasts from New York and Al Jazeera’s headquarters in Doha, Qatar.

The hosts and their staffs haven’t been told what that means for them, however. Some of the employees may be absorbed into the new channel that Al Jazeera intends to start later this year. But layoffs are anticipated in the weeks ahead, according to people at the channel who spoke on condition of anonymity because they did not want to upset the new owners.

One of the hosts, Ms. Granholm, has already signaled that she is leaving the channel. Her contract to host the 6 and 9 p.m. program “The War Room” expired after the presidential election, and she renewed for just three months.

“We’ll continue to broadcast ‘The War Room’ for the next few weeks through the transition, but after that I’ll be going back to teaching, speaking and other things,” she wrote on Facebook on Wednesday night.

Theoretically, Al Jazeera might want to keep at least some of the shows that Current carries, since it wants 60 percent of the programming on its new channel to come from the United States.

Mr. Spitzer, who has hosted the 8 p.m. program “Viewpoint” since spring, declined to comment on whether he would consider staying if asked. For Mr. Spitzer, television is a way to fight for his point of view. But given his presumed political aspirations, he may hesitate to be associated with Al Jazeera.

Current has one show with a sitting politician, Gavin Newsom, the lieutenant governor of California. Mr. Newsom has not commented publicly about the sale. Nor has Ms. Behar, the comedian who was hired by Current last summer in a bid to draw more viewers to the low-rated channel.

The Web is an alternative outlet for at least one of the channel’s hosts, Cenk Uygur, who made a name for himself by co-founding a progressive talk show on the Internet, “The Young Turks,” before moving to television. He helms the 7 p.m. hour on Current.

“We will continue that TV show for at least another three months,” Mr. Uygur said on Twitter on Wednesday night. Then he linked to the YouTube page for his Internet talk show and said, “Here is where you can watch ‘The Young Turks’ no matter what happens.”

Article source: http://mediadecoder.blogs.nytimes.com/2013/01/03/questions-linger-for-hosts-after-sale-of-current-tv/?partner=rss&emc=rss

Bloomberg Weighs Making a Run for Financial Times

Michael R. Bloomberg is weighing the wisdom of buying The Financial Times Group, which includes the paper and a half interest in The Economist, according to three people close to Mr. Bloomberg who spoke on the condition of anonymity to divulge private conversations.

Mr. Bloomberg has long adored The Economist, and his affinity for The Financial Times, at least as a reader, has deepened lately. Its bisque-colored pages, once rarely seen in the thick stack of newspapers Mr. Bloomberg carries under his arm all day, have become a mainstay. Friends say he favors its generally short, punchy and to-the-point articles, which match his temperament.

In October, Mr. Bloomberg visited the London headquarters of The Financial Times, a few blocks away from Bloomberg L.P.’s giant new London complex, which is still under construction. When an editor asked if he would buy the paper, Mr. Bloomberg replied, “I buy it every day.”

He has spoken openly with friends and aides about the potential benefits and pitfalls of making such a costly acquisition in an industry he admires deeply as a reader but sneers at as a businessman, these same people said. And he has recently taken to rattling off circulation figures and “penetration” rates for the paper.

“It’s the only paper I’d buy,” he has said to one associate. “Why should I buy it?” he has asked another.

His ambivalence speaks to the troubles facing the newspaper business, and to the complex motivations of the mayor himself. Drawn to power and prominence, Mr. Bloomberg is wrestling with his affection for the paper as its potential publisher and his wariness of an investment that could mar his company’s reputation for achieving outsize profits. Pearson, the parent company of The Financial Times Group, does not break out separate financial results for the paper, but analysts estimate that it loses money. A spokesman for the mayor declined to comment on his conversations about the paper.

For Thomson Reuters, the other likely bidder, the calculation is somewhat different. Unlike Mr. Bloomberg, who started his financial information company in 1982, James C. Smith, president and chief executive of Thomson Reuters, came up through Thomson’s regional newspapers and has ink in his veins. A replica of an old-fashioned printing press is on display in his corner office overlooking Times Square.

But the company has been hurt financially after its newest desktop terminal product struggled to catch on. In the first nine months of 2012, the company reported revenue of $9.88 billion, a 3 percent decrease from the period a year earlier. A company spokesman declined to comment.

The Financial Times could expand the Thomson Reuters brand and give its reporters additional exposure since, unlike Bloomberg, which bought Businessweek in 2009, the company does not own a regular magazine. Thomson Reuters, partly a British company, and The Financial Times also have large footprints in Asia.

But first, the paper needs to be put on the block. Pearson is about to lose two of its top executives, raising speculation the paper could be for sale. Analysts value The Financial Times Group at about $1.2 billion, well within the reach of Bloomberg L.P., which in 2011 had revenue of $7.6 billion, and Thomson Reuters, which posted revenue of $13.8 billion.

The paper has a successful digital strategy, and analysts have said that its strict online pay wall is considered a financial success. But like most newspapers, it is struggling in an industrywide decline in print advertising revenue. In the three months ending Oct. 1, the paper’s total paid circulation exceeded 600,000, more than half of which was from digital subscriptions. In its most recent earnings report, Pearson said it expected profit to decline because of a sluggish advertising market and “the shift from print to digital.”

Marjorie Scardino, Pearson’s longtime chief executive, who once said the paper would be sold “over my dead body,” is departing on Dec. 31. Rona Fairhead, chief executive of The Financial Times Group, will leave at the end of April. Both executives had championed the print businesses. A successor to Ms. Fairhead has yet to be named, though one person close to the company pointed to John Ridding, the chief executive of the paper.

Article source: http://www.nytimes.com/2012/12/10/business/media/weighing-the-financial-timess-worth-in-the-digital-age.html?partner=rss&emc=rss

Media Decoder: Elmo Puppeteer Accused of Underage Relationship

Kevin Clash, on the set of Richard Termine Kevin Clash, on the set of “Sesame Street,” with the character Elmo.

2:38 p.m. | Updated Kevin Clash, the voice and puppeteer of Elmo on “Sesame Street,” has taken a leave of absence after an unsubstantiated claim that he had a sexual relationship with a 16-year-old boy.

Mr. Clash said the relationship started after the person, now 23 years old, was over the age of 18. Mr. Clash told TMZ, which reported the accusation early Monday morning, that the relationship was “between two consenting adults” and he added, “I am deeply saddened that he is trying to make it into something it was not.”

Mr. Clash elaborated in a statement later on Monday. “I am a gay man,” he said. “I have never been ashamed of this or tried to hide it, but felt it was a personal and private matter. I had a relationship with the accuser. It was between two consenting adults and I am deeply saddened that he is trying to characterize it as something other than what it was. I am taking a break from Sesame Workshop to deal with this false and defamatory allegation.”

Mr. Clash’s leave of absence from “Sesame Street” started on Sunday, once it was clear that the accusations were going to become public, according to an executive at Sesame Workshop, which produces the show, who insisted on anonymity because the organization was not commenting officially beyond its written statement.

“Kevin insists that the allegation of underage conduct is false and defamatory and he is taking actions to protect his reputation,” Sesame Workshop said in a statement. “We have granted him a leave of absence to do so.”

No charges have been filed against Mr. Clash.

Sesame Workshop said it received a communication about the relationship from the 23-year-old in June.

“We took the allegation very seriously and took immediate action,” the organization said. “We met with the accuser twice and had repeated communications with him. We met with Kevin, who denied the accusation. We also conducted a thorough investigation and found the allegation of underage conduct to be unsubstantiated.”

The organization said Mr. Clash had “exercised poor judgment and violated company policy regarding Internet usage,” and was disciplined accordingly.

The Sesame Workshop executive said three outside firms had investigated the matter on behalf of the various parties involved and the organization conducted its own internal investigation. As recently as Nov. 7, the accuser’s attorney indicated to the Sesame Workshop that he did not have any proof that his client was underage at the time of the relationship, according to the executive at the organization.

Mr. Clash has been helping to identify other puppeteers who can play Elmo, and some of them will now fill in for him, according to the Sesame Workshop executive, who said that production of “Sesame Street” would go forward as planned.

Mr. Clash, 52, was the star of the 2011 documentary “Being Elmo.” He has played Elmo for more than two decades.


Article source: http://mediadecoder.blogs.nytimes.com/2012/11/12/elmo-puppeteer-accused-of-underage-relationship/?partner=rss&emc=rss

DealBook: Former Programmer Demands That Goldman Cover His Legal Fees

Sergey Aleynikov leaving court after winning his appeal in February.Hiroko Masuike/The New York TimesSergey Aleynikov leaving court after winning his appeal in February.

A former Goldman Sachs programmer charged a second time with stealing valuable computer code from the investment bank is fighting back, demanding that his former employer cover his mounting legal fees.

On Tuesday, the programmer, Sergey Aleynikov, sued Goldman in Federal District Court in New Jersey. He wants the financial firm to pay for the nearly $2.4 million in costs he has racked up defending himself in both an overturned federal case and a pending state proceeding by the Manhattan district attorney.

Those costs are likely to grow as the case by the district attorney, Cyrus R. Vance Jr., progresses. A grand jury has handed up an indictment, and Mr. Aleynikov is expected to be arraigned on Thursday, according to a person with direct knowledge of the matter, who spoke on condition of anonymity because the grand jury’s actions are private until the arraignment.

Mr. Aleynikov’s lawyer, Kevin H. Marino, has requested a $500,000 retainer fee as he and his partners at Marino, Tortorella Boyle in Chatham, N.J., prepare Mr. Aleynikov’s defense. In the complaint filed on Tuesday, they wrote that their client had exhausted his financial resources before the federal district trial. They argued that Goldman was obligated to pay his fees because he was an officer of the firm during the time in question.

“Aleynikov incurred significant legal fees and expenses in connection with his successful defense of the federal charges,” the complaint read. “Because he succeeded on each federal charge brought against him, Aleynikov is entitled to indemnification for the reasonable fees and expenses incurred in his defense.”

A Goldman spokesman, Michael DuVally, declined to comment.

It is the latest twist in Mr. Aleynikov’s long legal journey.

Three years ago, he was arrested after Goldman reported him to the United States attorney in Manhattan. Then a vice president at the firm, he was charged with stealing source code for high-frequency trading software as he was leaving to join a start-up.

A jury found him guilty in 2010, and Mr. Aleynikov was sentenced to eight years in federal prison. An appeals court reversed that conviction this year, finding that the case was built on a misuse of federal corporate espionage laws. Mr. Aleynikov was released from prison shortly thereafter.

But last month, Mr. Vance filed his own charges, accusing Mr. Aleynikov of exploiting his access to Goldman’s “secret sauce.” The case is widely seen as part of a campaign by Mr. Vance and Preet Bharara, the United States attorney in Manhattan, to pursue white-collar crime.

That legal battle has left Mr. Aleynikov with little money, according to Tuesday’s complaint. He is relying on friends to provide him with housing and cannot afford to pay his lawyers.

As part of their case, Mr. Aleynikov’s lawyers point to a section of Goldman’s bylaws that, they say, requires the firm to indemnify employees charged in criminal or civil proceedings in connection with their status as an officer or director of the bank.

The firm has paid a large portion of the legal fees for a former director, Rajat K. Gupta, who was convicted of leaking boardroom talks to the hedge fund magnate Raj Rajaratnam. It has done the same for Fabrice Tourre, the subject of a securities fraud lawsuit by the Securities and Exchange Commission. While Goldman settled a related civil case for $550 million, Mr. Tourre, who is on leave, is awaiting trial.

Late last month, Mr. Aleynikov requested that Goldman advance him money to cover some of the fees for his defense in the state court case. He offered to refund the money if he were ultimately found ineligible for such treatment, according to court papers.


Aleynikov Legal Fees Complaint


Sergey Aleynikov Fees Memorandum of Law

Article source: http://dealbook.nytimes.com/2012/09/25/former-programmer-demands-that-goldman-cover-his-legal-fees/?partner=rss&emc=rss

DealBook: British Bankers Group May Give Up Control Over Libor

Martin Wheatley, managing director of the Financial Services Authority, is expected to outline the findings of a review of Libor on Friday.Simon Newman/ReutersMartin Wheatley, managing director of the Financial Services Authority, is expected to outline the findings of a review of Libor on Friday.

LONDON — A British banking group is preparing to give up its control over the interest rate at the center of a recent manipulation scandal, according to a person with direct knowledge of the matter.

The move may pave the way for British authorities to become more directly involved in overseeing the London interbank offered rate, or Libor, a benchmark that underpins more than $360 trillion of financial products worldwide, including mortgages and other loans.

Regulators may also make it a criminal offense to manipulate the rate.

Despite the rate’s central role in many financial transactions, authorities around the world do not regulate Libor. Still, any changes to the rate-setting system are likely to be phased in over several years.

The shift away from the trade group that controls the rate, the British Bankers’ Association — whose members include many of the world’s largest banks — is expected to be announced on Friday, said this person, who spoke on condition of anonymity because he was not authorized to speak publicly. That is when Martin Wheatley, managing director of the Financial Services Authority, the British regulator, will outline the findings of a review of Libor that was ordered by the British government.

Libor Explained

“The existing structure and governance of Libor is no longer fit for purpose, and reform is needed,” Mr. Wheatley said when the Libor review was announced in August. “Trust in a vital part of the financial system has been badly damaged, and timely action is needed to restore it.”

On Tuesday, a spokesman for the Financial Services Authority of Britain declined to comment.

But in a brief statement, the British Bankers’ Association appeared to point to the coming changes, saying that it would work with government authorities.

“If Mr. Wheatley’s recommendations include a change of responsibility for Libor, the B.B.A. will support that,” the organization said. A spokesman for the group declined to comment.

The overhaul of Libor comes after Barclays agreed to pay American and British regulators $450 million in June to settle accusations that some of its traders had manipulated the rate for financial gain.

Senior executives at the bank were also suspected of lowballing the rate to protect Barclays’ reputation during the recent financial crisis.

In the wake of the scandal, the bank’s American chief executive, Robert E. Diamond Jr., who denied asking colleagues to submit artificially low Libor rates, and its chairman, Marcus Agius, resigned.

Some of Barclays’ traders may still face criminal prosecution over their role in the manipulation of Libor. And other banks, including UBS and Citigroup, are under investigation in a number of jurisdictions about the potential manipulation of the rate.

Removing the British Bankers’ Association from its role of setting Libor would be a blow to the organization, which established the rate in 1986. The rate system was created to give its members a uniform global benchmark to price different types of loans. (There are 150 different Libor rates, covering 10 currencies and 15 maturities.) The rise in Libor’s popularity coincided with rapid growth in global money flows and the creation of new financial products — with London as a crucial hub.

Under the group’s current system, some banks are polled each day by the data provider Thomson Reuters about what interest rate they would pay if they had to borrow money from the capital markets. In the case of the United States dollar Libor rate, the four highest and four lowest submissions are thrown out, and Thomson Reuters averages the remaining ones.

Complaints about possible manipulation of Libor date back to at least 2007, according to regulatory filings released in the aftermath of the Barclays settlement.

In 2008, the Federal Reserve Bank of New York and the Bank of England called for changes to the rate-setting process, according to those documents. But authorities balked at taking a more hands-on approach, according to e-mails released this summer by the British central bank.

The report of an expected overhaul of Libor came a day after Gary Gensler, chairman of the Commodity Futures Trading Commission in the United States, suggested that authorities should rework or replace the interest rate.

Speaking to the European Parliament on Monday in remarks relayed from Washington, Mr. Gensler said that Libor was still vulnerable to manipulation. As banks continued not to lend to each other, the lack of real transactions underpinning the rate left it open to tampering, he added.

“It is time for a new or revised benchmark — a healthy benchmark anchored in actual, observable market transactions — to restore the confidence of people around the globe that the rates at which they borrow and lend money and hedge interest rates are set honestly and transparently,” Mr. Gensler said.

Article source: http://dealbook.nytimes.com/2012/09/25/british-bankers-group-seen-losing-control-over-libor/?partner=rss&emc=rss

DealBook: Formula One May Delay $3 Billion I.P.O. in Singapore

The current Formula One racing season kicked off in March and has already included races in Malaysia and other countries.Diego Azubel/European Pressphoto AgencyThe current Formula One racing season kicked off in March and has already included races in Malaysia and other countries.

HONG KONG–The Formula One Group’s plans for a $3 billion Singapore listing may be delayed, a person with direct knowledge of the matter said on Friday, after three other initial public offerings in Asia were pulled this week.

Formula One, the London-based racing group headed by the 81-year-old billionaire Bernie Ecclestone, looks to have become the latest victim of an increasingly hostile turn in the global market for I.P.O.’s.

Formula One started preliminary marketing of the deal to institutional investors two weeks ago, with the goal of listing on the Singapore stock market by the end of this month, another person with knowledge of the plans had previously said.

‘‘The company is continuing to talk to investors,’’ the first person said Friday, speaking on condition of anonymity. ‘‘In the last few days, the market has obviously been pretty bad.’’

Formula One had not formally kicked off its listing by taking share orders, and based on comments made Thursday by Mr. Ecclestone, it appeared unlikely that it would do so any time in the immediate future.

‘‘My feeling is it’s probably a better idea to get everything ready and then go ahead at two months’ notice when the markets have settled down,’’ Mr. Ecclestone said, according to Bloomberg News.

‘‘There’s no rush, the markets aren’t good at the moment, it doesn’t inspire people,’’ he told the news agency on Thursday. ‘‘We don’t have to do it now.’’

On Thursday, Graff Diamonds pulled an I.P.O. in Hong Kong that had been planned to raise $1 billion, citing slumping markets that were a ‘‘significant barrier’’ to getting the deal done. Graff, a top-end gemstone retailer, had planned to price its offering on Friday and begin trading next week.

Earlier this week, two other Chinese companies withdrew plans for share offerings in Hong Kong that would have raised up to $750 million between them. China Nonferrous Mining, which has copper mines in Zambia, canceled plans for a listing on Wednesday, while the luxury car dealer China Yongda Automobile Services said Monday that it was pulling its $432 million I.P.O. because of ‘‘the recent deterioration of the equity market.’’

Formula One’s offering would have been the biggest in Asia in the year to date, and the second biggest globally after Facebook’s $16 billion Nasdaq listing last month.

Including the pulled Graff offering, $13.6 billion worth of I.P.O.’s have been withdrawn or postponed globally in the year to date, according to data from Dealogic. In Asia, 41 deals worth $3 billion have been pulled or postponed so far this year, compared with 40 deals worth $2.7 billion during the same period a year ago.

Formula One hired Goldman Sachs, Morgan Stanley and UBS as the lead coordinators of its share offering.

The controlling shareholder, CVC Capital Partners, the private equity firm based in London, said on May 22 it had sold a 21 percent stake in the racing group for $1.6 billion to Waddell Reed, Norges Bank and BlackRock. CVC retains a 42 percent stake in the company.

Formula One has sought to expand its fan base across Asia by staging six of its 20 races this year in the region. The current racing season kicked off in March and has already included contests in China and Malaysia, with stops in Singapore, Japan, South Korea and India coming later in the year.

The company, which makes money by managing the commercial rights related to the sport, employs 200 people and last year booked revenue of 1.17 billion euros ($1.5 billion). In March, Formula One refinanced $1.8 billion in debt. In light of that restructuring, and in anticipation of proceeds from the planned I.P.O., Standard Poor’s had put the racing group on watch for a credit rating upgrade.

Article source: http://dealbook.nytimes.com/2012/06/01/formula-one-may-delay-3-billion-i-p-o-in-singapore/?partner=rss&emc=rss

DealBook: Yahoo to Consider Sale of Asian Assets

Yahoo is expected to keep a 15 percent stake in Alibaba, the fast-growing Chinese Internet company.Jin Lee/Bloomberg NewsYahoo is expected to keep a 15 percent stake in Alibaba, the fast-growing Chinese Internet company.

3:46 p.m. | Updated

Yahoo’s board will consider a deal to sell its holdings in the Alibaba Group and its Japanese affiliate back to their majority owners in a complicated tax-free deal valued at about $17 billion, according to people briefed on the matter.

If the board, which is expected to meet Thursday to discuss the broad outlines of the offer, approves pursuing a deal, it may reject separate investment proposals by Silver Lake and TPG Capital, said some of these people, who, like others contacted for this article, spoke on condition of anonymity.

The deal is valued at close to $14 a Yahoo share, these people said. Under the current proposed terms, Alibaba and Softbank, Yahoo Japan’s majority owner, would create new legal entities that would consist of both cash and certain operating assets. Yahoo would then swap out most of its stake in Alibaba and all of its stake in Yahoo Japan for these entities, effectively selling those holdings.

Yahoo is expected to keep a 15 percent stake in Alibaba, allowing it to hold on to a piece of the fast-growing Chinese Internet company, one of these people said.

The proposal values Yahoo’s entire Alibaba stake at about $12 billion and its stake in Yahoo Japan at about $5 billion, this person added. It could be executed either as a standalone deal or alongside a minority investment in Yahoo by Silver Lake or TPG.

Although Yahoo’s board may still chose to reject the offer, or delay the approval, momentum seems to be building for a deal with its Asian partners. Should the board reject the offer, Alibaba and Softbank are prepared to bid for all of Yahoo in conjunction with private equity partners, the person briefed on the matter said.

The deal — officially called a tax-free cash-rich split — would not be considered a sale under Internal Revenue Service guidelines, allowing Yahoo and its Asian partners to avoid taxes.

Shares of Yahoo turned higher moments after DealBook’s report, gaining as much as much as 5 percent in late afternoon trading.

The battle for Yahoo’s future has taken many twists, since the company abruptly ousted its chief executive, Carol A. Bartz, in September. Over the last several weeks, the board has entertained multiple offers from a broad swath of suitors.

Late last month, the company seemed to be leaning toward the sale of a minority stake to private equity suitors. Separate investor groups led by Silver Lake and TPG made bids to acquire stakes of roughly 20 percent, with Silver Lake offering about $16.60 a share and TPG about $1 a share more, two people briefed on the matter previously said. Both proposals involved a share buyback and an alignment with stakes owned by co-founders, Jerry Yang and David Filo, that would effectively give the winning group majority control.

Despite initial support by the board, those proposals have been harshly criticized by shareholders, who are concerned that such a deal will dilute their holdings and concentrate too much power with a new investor group. Daniel S. Loeb, the manager of the hedge fund Third Point, and Capital Research and Management, Yahoo’s largest shareholder, were particularly resistant to the proposals, according to people close to Yahoo.

The resistance weighed on some members of the board, these people said, who were worried about a backlash from shareholders and negative press.

Over the last three weeks, Yahoo restarted talks with Alibaba and Softbank, which had submitted an initial proposal in October. During the negotiations, the two sides agreed to raise the valuation of the Asian assets and to let Yahoo hold on to a small piece of Alibaba, one of these people said.

John Spelich, an Alibaba spokesman, declined to comment.

Alibaba’s team, including its chief financial officer, Joesph Tsai, has been in New York to handle negotiations, two people said.

Though a final deal may not be signed for several weeks, Yahoo’s board will consider on Thursday whether the proposed term sheet is acceptable. If the board consents, negotiations will proceed.

Yahoo’s board has not yet dismissed the proposals from Silver Lake and TPG, according to some of the people briefed on the matter, but it may pursue an independent path if it accepts Alibaba and Softbank’s offer. Some on Yahoo’s board believe the company will be better positioned– once it gets a cash infusion — to appoint a new chief executive and reconfigure ts board.

Still, two of these people warned that no outcome was certain because the board had been splintered on several issues throughout the process, including Yahoo’s identity and how it should operate going forward.

Yahoo did not immediately respond to a request for comment.

Article source: http://dealbook.nytimes.com/2011/12/21/yahoo-to-consider-sale-of-asian-assets/?partner=rss&emc=rss

DealBook: Zynga Expected to Seek $10 Billion Valuation in I.P.O.

Mark Pincus, Zynga's chief executive.Jim Wilson/The New York TimesMark Pincus, Zynga’s chief executive.

Zynga, the fast-growing online game maker, plans to value itself at up to $10 billion in its initial public offering, according to two people briefed on the matter.

The company plans to file an amended prospectus on Friday with an estimated price range of $8 to $10 a share, these people said. At that range, Zynga would raise roughly $900 million. The company plans to sell up to 10 percent of its stock to public shareholders.

At $10 billion, Zynga is valuing itself lower than what some analysts had estimated.

Zynga declined to comment on Wednesday night. News of the Zynga offering’s terms was first reported by IFR Markets.

The individuals spoke on the condition of anonymity because the terms have not been made public.

Zynga, which is set to start its roadshow on Monday, is preparing to go public amid volatility in the I.P.O. market. This year, several technology offerings have performed well at first, but many have struggled to sustain their gains. Pandora, the online music service, has tumbled more than 36 percent since its I.P.O. in June. Meanwhile, Groupon, the popular daily deals site, has fallen sharply since its Nov. 4 offering, losing about $5 billion in market capitalization in the last few weeks.

In a move that may help investor confidence, some of Zynga’s largest shareholders will not sell shares in the offering, according to one person briefed on the matter. Zynga’s chief executive, Mark Pincus, and the venture capital firm Kleiner Perkins Caufield Byers are not planning to sell any shares in the I.P.O., this person said.

Article source: http://feeds.nytimes.com/click.phdo?i=ede7cb48cda9882aaa21263d2d671750

DealBook: In an I.P.O., a Clamor for Groupon’s Deal

Andrew Mason, chief of Groupon.Seongjoon Cho/Bloomberg NewsAndrew Mason, chief of Groupon.

9:09 p.m. | Updated

As the daily deal site Groupon headed out on a road show for its public offering, executives faced a tough sell. Fielding questions about the company’s management, accounting and model, Andrew Mason, the founder and chief executive, and others had to convince investors that the daily deals site was not this generation’s equivalent of Pets.com, the online retailer that imploded after the last dot-com boom.

In mid-October at the St. Regis hotel in New York, the usually irreverent Mr. Mason spoke somberly in business school parlance about gross profits, return on investment and other measures of the company’s prospects. Exchanging his usual uniform of jeans and T-shirts for a pressed suit and neat haircut, he told a room of 300 investors that “with a market measured not in billions but trillions of dollars, we’re just getting started.”

His pitch worked.

On Thursday morning, whispers of zealous demand snaked through Wall Street, with orders well over 10 times the amount of the shares offered, according to two people with knowledge of the offering who requested anonymity because the matter was confidential. As investors clamored for shares, Groupon, at the end of the day, priced its initial public offering at $20, above the expected range of $16 to $18. The stock sale, which raised $700 million, values the company at $12.65 billion.

“The negative press has been overdone,” said Christopher Brainard, the head of Brainard Equities, who was waiting to hear from bankers whether his firm got a piece of the I.P.O. “We think there’s a lot of demand.”

The demand, in part, was driven by a lack of supply. Groupon’s current owners are holding on to their stakes, and Groupon is initially selling just 35 million shares, roughly 5 percent of its total.

While it’s an exceptionally small pot, it is not a novel template. Groupon is adhering to the example of several stock sales by Internet companies this year, which have favored smaller offerings to help buttress their share prices.

LinkedIn, the professional social networking site that went public in May, initially sold less than 10 percent of its total stock, though it announced plans on Thursday to sell additional shares. By comparison, technology companies in the United States have typically offered about a third of their overall pool, according to Thomson Reuters.

The next test for Groupon comes on Friday, when the company starts trading on the Nasdaq market. If shares of the technology company see a significant pop on the first day, it could set the stage for another strong wave of Internet-related I.P.O.’s for companies like Zynga and Facebook, both of which are expected to sell shares in the next 12 months. Should the Groupon share price fizzle, it could dampen enthusiasm for the broad sector.

David Menlow, the president of the research firm IPOfinancial.com, said that the small size of the offering and high interest in the company would most likely provide a big bump in Groupon’s stock price on Friday.

“I think we’re going to see prices on this that, on a percentage basis, will be more than the market has seen in many years,” he said, adding “the Internet bubble is being slightly re-inflated.”

Mr. Mason carefully cultivated Groupon in his image, starting the daily deals site in 2008 with its own brand of irreverence and wit. Cut-rate offers on Botox injections for crow’s feet included whimsical references to “miscreant nesting birds.” The company’s mascot, a chubby tabby cat, donned a thick gold necklace like a hip-hop artist.

The founder exuded the same disregard for professional norms. Sometimes his unorthodox tack led to amusing, if surprising, results, like last year’s April Fools joke, Groupöupon, a fictional luxury sales site.

At a conference in January run by the industry blog TechCrunch, he jokingly feigned ignorance about basic financial tenets like revenue.

“I plan to be stupid throughout my career,” Mr. Mason, 30, said at the event, slumped in a chair wearing jeans and a rumpled gray-striped shirt.

Despite the antics, Groupon has experienced a major growth spurt. Over the last two years, the company has swelled to more than 10,000 employees, from 100. Quarterly net revenue has grown to more than $430 million, from $9 million, in the same time period.

Groupon hit the big leagues late last year. After spurning a nearly $6 billion takeover offer by Google in December, the company was talked about in the same breathless tones as Facebook and other Internet giants.

By rejecting the Google deal, Groupon also set the stage for its public offering.

The team hired its first chief financial officer, Jason Child, the former head of finances for Amazon.com’s international division. Mr. Child also spent roughly seven years at the accounting firm Arthur Andersen.

A few weeks later, Groupon was ready to line up bankers, arranging a string of two-hour meetings in mid-January with top Wall Street firms. Several bank chiefs and Wall Street rainmakers made the pilgrimage, including Brian Moynihan, the head of Bank of America, and Jimmy Lee, JPMorgan Chase’s vice chairman, who strutted into Groupon’s headquarters in a slick pinstripe suit.

When Goldman’s bankers arrived at Groupon’s Chicago headquarters, also last January, their entrance was not subtle: a string of black limos pulled up, carrying the chief executive, Lloyd C. Blankfein, and his team, including George Lee, co-head of the firm’s global technology, media and telecom group.

Cognizant of the gap between the company’s cultures, the bankers tried to dress down. Instead of full suits with ties, many wore sport coats and buttoned-up shirts, some went without ties.

The mood was jovial, as Goldman strained to impress its audience. The bankers trumpeted the firm’s track record, while Mr. Mason and his management team flipped through Goldman’s outsize, dark blue pitch books. In a tip to Mr. Mason’s whimsy, the pitch book included a picture of the bald Mr. Blankfein next to a Groupon coupon for a hair accessories deal, according to one person with knowledge of the meeting.

Groupon soon chose Morgan Stanley, Goldman and Credit Suisse to lead its offering and split the lion’s share of fees, expected to be in the millions of dollars. It also invited 11 other firms, including Allen Company and Barclays, to join the fete.

The I.P.O. of LinkedIn, which more than doubled on the first day of trading, only fed the interest in Groupon. Investment bankers and some of Groupon’s more optimistic investors started floating market values as high as $30 billion.

“Everyone was surprised by how well LinkedIn did,” said a person close to the company. “The thinking was, ‘If this was a$10 billion company, Groupon is probably worth more.’ ”

But this summer, Groupon’s shine started to fade.

In recent months, the site has become a piñata for analysts. Retailers have littered the Web with complaints. And the company, which first filed its prospectus in June, had to amend its filing several times to appease regulators, who flagged a number of financial accounting issues. The offering was also threatened by a festering sovereign debt crisis in Europe that has rattled global equity markets and chilled the larger I.P.O. market.

As concerns swirled about Groupon’s prospects, Mr. Mason and his team went into overdrive to assuage the fears.

In June, the company hired Bradford Williams, a former vice president of Yahoo and eBay, to be its vice president of global communications. In a spate of internal meetings, officials discussed the barrage of negative press, two people with knowledge of the matter said.

Mr. Mason repeatedly expressed frustration to colleagues that he could not discuss any misconceptions publicly because of the quiet period before an I.P.O.

Towards the end of August, Mr. Mason was also dealing with questions from employees, who read some of the negative press about Groupon’s slowing growth and worried about their jobs. Stressed, he started to brainstorm ways to comfort his increasingly unwieldy staff of more than 7,000.

Fearing a slap-down by regulators, his communications adviser, Mr. Williams, encouraged him to sit tight, according to a person with knowledge of the situation. But Mr. Williams, who just months into the job was already on his way out, had little influence on Mr. Mason.

On Aug. 25, Mr. Mason pressed send on a 2,400-word e-mail that discussed the company’s financials in detail and its competitive strength. Before the day was over, the memo found its way to AllThingsD, a technology news site.

Critics lambasted the 30-year-old chief for what seemed to be a strategic leak and for defying the regulators’ rules. Pressed by Securities and Exchange Commission, the company revised its filings once again, to reflect a copy of the memo and additional disclosures.

When the road show kicked off earlier this month, Mr. Mason, dressed in his full suit, appeared poised and seemed to fulfill the role of a composed chief executive on the verge of a public offering.

In New York, the investors in the St. Regis peppered Groupon’s management team with questions about the progress of its new application Groupon Now and the company’s subscriber numbers. Company executives also looked to address the large marketing budget, which has swelled in the last year, and competitive threats to the business model, including the hundreds of Groupon clones.

Many investors were looking for signs that Groupon was being steered by a capable team that had finally grown up. But others were already smacking their lips about the next stock market darling.

“That was some concerns before the road show,” said David Schwartz, a fund manager for DAZ Capital. “But I’ve been in this business since 1986, and I can tell you when a deal is really hot and this is a hot deal.”

Michael J. de la Merced contributed reporting.

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Hewlett-Packard Board Expected to Fire C.E.O.

The leading candidate to replace H.P.’s chief, Léo Apotheker, was Meg Whitman, the former chief executive of eBay, who was sought for her ability to run a large technology company, said the people, who asked for anonymity because they were not authorized by the board to speak publicly.

With the move to fire its third chief executive in a row, Hewlett-Packard risks looking like the tech company that cannot find its way. It is one of the oldest and most successful tech companies and yet in recent years it has been surpassed by far more innovative and better-managed companies like Google, Apple and Facebook in symbolizing innovation in Silicon Valley. The question facing H.P. is whether a new chief executive can restore its leadership position.

On a day last month that crystallized the company’s careening strategy, Mr. Apotheker made a series of announcements: poor quarterly earnings; an $11.7 billion purchase of Autonomy, a British software company that analysts immediately branded as overpriced; discontinuation of its TouchPad tablet and its WebOs software that had been introduced only months before; and the possible sale or spinoff of H.P.’s mainstay PC business. The stock lost about a quarter of its value on the news.

The company’s stock has fallen 47 percent, a loss of over $40 billion in the company’s market value, on Mr. Apotheker’s watch.

Investors liked the prospect of new leadership. Hewlett-Packard’s stock was up 6.72 percent Wednesday to close at $23.98. It was not clear, however, that Ms. Whitman could undo much of what Mr. Apotheker had done or for that matter whether H.P.’s board would want her to. Analysts say it would be difficult for the company to walk away from the Autonomy bid, though the board may be considering hanging on to the PC business.

Ms. Whitman, who ran eBay as it grew from a start-up to a major online retailer, left the company just as growth began to stall. She unsuccessfully ran for governor of California and was hired in March by Kleiner Perkins Caufield Byers, a venture capital firm, as a strategic adviser.

The board conversations about Ms. Whitman are fluid, though, and might not result in her hiring, this person said. However, if Ms. Whitman were hired, she would most likely be a permanent, not an interim, replacement for Mr. Apotheker, said a person briefed on the board’s discussions who asked for anonymity because he was not authorized by the board to speak publicly. While she lacks experience running a technology company as complex and mature as H.P.,  the company’s board considers her communications skills and understanding of customers to be her strongest qualifications for the job, this person said. Ms. Whitman joined the H.P. board in January, several months after Mr. Apotheker was hired. 

Although H.P.’s board is comfortable with the strategy laid out last month by Mr. Apotheker, its members have increasingly begun to raise questions about his ability to communicate that strategy effectively within the company and to outsiders, especially investors.

Last week, H.P. was hit with a lawsuit claiming that its executives misled investors about the health of the company, including its PC and mobile device business, before its recently announced strategy shift.

Some outside observers see the board itself as the problem. Since naming Carly Fiorina chief executive in 1999, H.P. has endured proxy wars with some of its founders’ children over the merger with Compaq; board room squabbles that culminated in Ms. Fiorina’s ouster; scandals involving spying on journalists, its own employees and board members; and the firing of Mark V. Hurd, for expense account irregularities involving a female contract employee.

“This is a decade-long drama that the board has let unfold,” said George F. Colony, chief executive of Forrester Research. “They have shown some dysfunction in the past, and had difficulty coming to consensus.” For some board members, he said, Mr. Apotheker’s tenure “was too much change.” Mr. Apotheker, 58, a soft-spoken, unassuming executive, oversaw a year of tumult at H.P., which reported $126 billion in revenue in the fiscal year that ended in October 2010. By some measures, it is the largest technology company in the world.

Even though he had not lasted long as chief executive of SAP, a large German software maker, the board quickly hired him to replace Mr. Hurd.

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