CNBC Video: How do Activist Investors Help Companies?
My CNBC appearance from earlier this afternoon discussing activist investors and Yahoo!
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Eric Jackson's Blog About Longs, Shorts, Hedge Funds, Corporate Governance, and China
My CNBC appearance from earlier this afternoon discussing activist investors and Yahoo!
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By Eric Jackson09/21/11 - 06:00 AM EDT
NEW YORK (TheStreet) -- Earlier this spring, when Yahoo!(YHOO_) was bumping along around $16 a share, David Einhorn bought the stock.
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By Eric Jackson The stock jumped 4.5% on Monday. That would be equivalent to Sina(SINA_) jumping 45% in one day. That just doesn't happen for Microsoft. The stock also followed through nicely yesterday moving up another 1%. There wasn't any real news to explain the move in Microsoft, although some pointed to a Tuesday cloud-computing conference Microsoft was hosting or a report that they would move up the release date of Windows 8. That leads me to speculate on the real story behind the move which probably a few insiders are only privy to at the moment. It could be that Steve Ballmer has said something to some close confidantes about leaving the CEO position. (And maybe he doesn't know them as well as he thinks he does, because they've now blabbed about it to some trader friends who are jumping on the news to buy anticipating a big relief rally.) David Einhorn has said previously that he hopes to see Ballmer gone as CEO, as he thinks he's a weight on the stock. I don't disagree that there would be a rally on the news but I just don't believe Ballmer is ready to leave. Ballmer has only been there 10 years but, more importantly, he owns 5% of the company. He's essentially a co-founder with Gates and Allen. That means he gets to leave when he wants and I just don't think he's ready to go out when some New York hedge fund manager tells him to. The other possibility is that the U.S. government will let Microsoft and other big corporations repatriate all their offshore cash back home. Many people seem to believe this will be a boon for the domestic economy as corporations will be able to invest more back home. Maybe that will happen. And maybe it will be good for the economy. And maybe that's why all stocks have been up this week. But if that is the reason behind Microsoft's jump in its stock price, why haven't we seen a similar move in Cisco(CSCO_) which also has a big cash hoard outside the U.S. There has to be something else.06/29/11 - 07:00 AM EDT
NEW YORK (TheStreet) -- The price action in Microsoft(MSFT_) this week has been unusual to say the least.
[** This post is an excerpt of the full article, which is available on TheStreet.com by clicking here. Free Site.**]
Sphere: Related ContentBy Eric Jackson Einhorn certainly doesn't mind taking poor management to task -- he famously did so with Lehman Brothers and The St. Joe Company(JOE - commentary - Trade Now) -- but he doesn't usually do it for his long investments. He's not an activist investor in the spirit of Carl Icahn or even his friend Bill Ackman. Maybe it's because he's been a fan of Microsoft for more than five years -- he once famously compared it to Alex Rodriguez of the Yankees, a comparison he'll likely want to update after buying part of the Mets today -- and he's frustrated that the stock is flat over that period (not including dividends). But he certainly came out swinging yesterday, saying that 10 years had been long enough for Ballmer to show his stuff to investors. He also called the senior team at Microsoft "Charlie Brown management." But I don't believe this is the start of a long activist battle between Einhorn and Ballmer. I don't believe he's considering a proxy fight. Why? Steve Ballmer is not going anywhere until Steve Ballmer is good and ready. This is a guy who owns 4.75% of the entire company. (For comparison's sake, Bill Gates himself owns 7.2% of Microsoft.) Ballmer is effectively a co-founder. Just as with Jim Balsillie and Mike Lazaridis at Research In Motion (RIMM - commentary - Trade Now), Ballmer has assembled his board. He's sold them on his strategy, and he has their backing.
RealMoney Contributor
5/26/2011 1:45 PM EDT
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I was surprised that David Einhorn spoke out so strongly against Steve Ballmer's leadership of Microsoft (MSFT - commentary - Trade Now) yesterday during his presentation at the Ira Sohn Conference.
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Taobao is the crown jewel within Yahoo!'s list of assets. It is a big reason why Yahoo!'s stock should be trading at $31 a share today - and much higher in the future.
Read the full post in Forbes here.
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Of the current set of modern hedge fund managers, only John Paulson yields more Google hits than Soros, with 2.6 million hits. Soros has about 10 times the number of hits as the man David Rosenberg calls the best money manager in the world: Paul Tudor Jones. David Einhorn has only 225,000 hits and Bill Ackman generates only 84,000 hits. Eddie Lampert, who was once declared the next Warren Buffett, has only 32,000 hits.
Of course, past performance -- and hits on Google -- by no means indicate future performance. Yet, these hits indicate how often the broader media pay attention to the views of these managers as a part of the public discourse on our financial markets.
Popularity of these managers is why CNBC and other media outlets pay so much attention to their 13-F filings, which disclose how their portfolios change each quarter. For example, earlier this week, we found out that John Paulson trimmed his Bank of America(BAC_) stake last quarter and sold his entireGoldman Sachs(GS_) stake. David Einhorn bought more Apple(AAPL_).
In a Wall Street Journal story yesterday, we also learned that Soros "reduced his direct ownership stake in the SPDR Gold Trust(GLD_)" and he "reported no stake in Best Buy(BBY_)."
To the Journal's credit, it also referenced that it was Soros' hedge fund -- Soros Fund Management -- which made other moves. In one paragraph, the Journal uses Soros and his fund interchangeably: "The value of Mr. Soros's stockholdings was $6.7 billion at the end of the third quarter. The fund reported stockholdings worth $5.1 billion at the end of the second quarter."
However, in an hour long discussion with Reuters' Chrystia Freeland in September, where he discussed his macro views on gold, the U.S. deficit, and Europe's debt problems, Soros admitted during a Q&A session afterwards when asked about one of his fund's stock positions that he wasn't involved in the day-to-day decisions of the fund. Therefore, he couldn't discuss a specific stock.
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By Eric Jackson
RealMoney Contributor
5/27/2010 5:00 PM EDT
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Just an idea for the event organizers: There's such interest in the ideas from the event that they should consider live streaming the event on the Web. They could charge for it and likely still get a large audience that would further support their worthy cause.
Yesterday's roster of speakers was stellar as usual, including Ackman of Pershing Square, Einhorn from Greenlight, Sam Zell, David Tepper of Appaloosa and Seth Klarman of Baupost.
Many speakers, including Einhorn and Ackman, reiterated arguments they've made publicly, for example shorting the ratings agencies likeMoody's (MCO - commentary - Trade Now) andMcGraw-Hill (MHP - commentary - Trade Now) and going long General Growth. Other speakers, such as Niall Ferguson of Harvard and former auto-czar Steve Rattner, chose to stick to macroeconomic predictions.
David Tepper, who was bullish in 2008 and lost money, then stayed bullish in 2009 and made $4 billion, was still bullish yesterday. He pointed to the bleachers, a la Babe Ruth, and said that Bank of America (BAC -commentary - Trade Now) is going to $27. Tepper also likes AIG (AIG - commentary - Trade Now) and the beaten-down Spanish bank Banco Santander (STD - commentary - Trade Now).
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By Eric Jackson
RealMoney Contributor
4/29/2010 1:15 PM EDT
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The case in favor of owning Moody's is that the government is going to take a hands-off approach to regulating the ratings agencies that control anoligopoly (including S&P, which is owned byMcGraw-Hill (MHP - commentary - Trade Now), and Fitch). If this is the case, and if you have a recovering economy, then companies will need to issue debt as part of the lifeblood for growing their businesses, and they will need Moody's (and others) to sign off on that debt.
Moody's has historically printed money from this business. Gross margins for Moody's in 2007 were 74%. As a friend of mine who used to work for Moody's said to me, "The only people who get margins like that are gun-runners and drug cartels."
Up until the SEC's case against Goldman, I might have had to buy the status-quo argument -- as much as it sickened me. After all, how can you not say that Moody's and the other ratings agencies don't deserve to be further regulated after the Lehman market meltdown? Yes, there were many actors who deserved blame (including politicians and consumers, not just Wall Street banks). Yet the ratings agencies' remarkably blissful ignorance and failure to warn investors of possible risks to the housing market are shocking even now.
In the fall of 2008, post-Lehman, the agencies threw kerosene on a fire by classifying formerly AAA-rated super-senior tranches of housing-related debt as junk -- overnight. I'm not saying it wasn't junk, but how does AAA become junk in 12 hours? Clearly, the agencies should have flagged this as a concern much earlier and gradually marked the assets down. Instead, their helter-skelter move sent shockwaves of panic through the market, leading to a further decline in market prices.
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Note: Jackson had a short position in MCO at time of publication.
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By Eric Jackson
TheStreet.com Senior Contributor
12/11/2009 11:00 AM EST
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When the history of the financial meltdown of 2008 is written, there will be a special chapter devoted to the large credit-ratings agencies and their culpability in slapping "AAA" on the subprime mortgages and corporate debt that turned out to be toxic assets. Yet we still don't know if that chapter will close with a regulatory overhaul of a now battered industry, or with lost political momentum that leaves us with the status quo.
For years, the Big Three ratings agencies, Moody's (MCO - commentary - Trade Now), Standard & Poor's (a unit of McGraw-Hill (MHP - commentary - Trade Now) and Fitch (a unit of French company Fimalac), had thrived on an "issuer pay" business model. The companies that brought their debt to market paid the agencies to rate the risk to investors of buying and holding those products. This business model proved far more lucrative to the ratings agencies -- Moody's and its cohorts have historically enjoyed operating margins of more than 43% -- than the one they used prior to the 1970s, when it had been the prospective investors who paid for the ratings.
They also enjoyed a regulatory advantage. The Securities and Exchange Commission certifies Moody's and other ratings firms as Nationally Recognized Statistical Ratings Organizations, an accreditation granted under strict scrutiny. Only NRSROs can rate products that certain investors are required by their internal rules to hold, which effectively gives the Big Three a steady stream of customers.
In a financial system built on investor confidence, the ratings agencies were supposed to provide the underpinning for that trust. But in the wake of last year's financial debacles, it is the agencies themselves who are struggling to explain why anyone should trust their judgment.
[This is the first third of the article. To read the entire article, click here to go to RealMoney.com]
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Our society celebrates winners (athletes, politicians and investment managers like John Paulson) and ignores losers. From 1994-2007, in the eyes of many, Paulson was a loser. His hedge fund, Paulson & Co., had mediocre returns during this period. He was defined as a merger arbitrage guy. Because of this categorization, some investors were alarmed by his ideas about betting against the housing market using credit default swaps. Yet, he did -- and we know the results.
| John Paulson, hedge fund manager |
Although his pre-2007 performance didn't stand out, people who knew Paulson thought highly of him, according to Zuckerman. Investors were often impressed with his understated but effective way of clearly articulating his investment theses.
Post-2007, the perception of Paulson went from career underachiever to seer. He is now celebrated, and his recent stakes in Citigroup(C Quote), Bank of America (BAC Quote) and gold are seen as green lights to other investors to buy.
If Paulson told us tomorrow that Martians were going to invade us next month, there would be a run on Martian army gear.
Yet, this reaction is equally superficial in the opposite direction. We don't care why he thinks gold is a buy or why Bank of America will double in two years. This isn't Paulson's fault. He can't help it. It is the reality that's developed around him while he's gone about his business trying to make money for his investors. It's exactly the same as the heavy attention paid to Warren Buffett's moves.
This is classic "survivorship bias." There were 20,000 hedge funds in the halcyon days of 2007. No matter what the markets did over the next 18 months, five to 10 funds would have had scored 100%-plus returns and been celebrated. If Bernanke had cut interest rates drastically in 2006, maybe New Century would have continued to be a huge moneymaker by issuing subprime mortgages.Survivorship bias leads to celebrating the winners and -- usually -- overinterpreting their moves leading up to their success and trying to apply these actions to future situations. At least no one in the mainstream media has yet called John Paulson "the next Warren Buffett."
Remember Eddie Lampert? That's what Business Week and countless other magazines called him back in 2004. Although many still defend Lampert as smart, his past five years of performance have been very disappointing, and his Sears Holdings(SHLD Quote) investment specifically has been ... early.
Although it's easy to pick on the financial media for these flubs in hindsight, they are merely reflecting our own deep-seated human desires for making sense of a seemingly senseless market. They wouldn't tell us who'll be the next Warren Buffett, unless we wanted to buy their magazine (or click on their links) to find out. We gravitate to "winners" for pearls of wisdom to help us be more winnerlike.
This is why investors "performance chase." The best performing hedge funds (and mutual funds) will always attract the most capital. After all, performance is what it's all about. Most investors will overlook lots of quirks, ethical lapses and hard-to-follow musings about the state of the markets in investor letters, if the money manager performs.
The longer and better he or she performs, the more leash we give him or her (like Madoff) or the more we celebrate him (like Peter Lynch, Lampert and now Paulson). But past performance (and a fund's ability to raise capital) is no guarantee of future success.
Investors should judge money managers on their current ideas. If you'd done so when John Paulson made his argument for why to bet against housing in 2006 and 2007 -- despite the fact that he wasn't a "housing guy" -- you made a lot of money. His pro-gold and pro-financials views now should be also judged on their merits, not because "John Paulson thinks so." Of course, you and I will probably never have the chance to place money with Paulson. So this lesson becomes even more important. How are you going to know the next John Paulson when you bump into him or her?
Finally, let's turn to the critique of "Paulson will never do it again." Most people assume that smart people will, over time, outperform their peers. This is true. Yet, we also know smart people drove Enron, WorldCom and Lehman Brothers off cliffs -- all companies that, before their collapses, had been celebrated in the financial media with books written about them "getting it" while their competitors didn't. How can this happen and how can Paulson avoid this fate?
Michael Burry, a doctor-turned-hedge fund manager also profiled in Zuckerman's book, who also profited from betting against housing despite great protestations from his investors, had a memorable line: "A money manager does not go from being a near nobody to being nearly universally applauded to being nearly universally vilified without some effect."
Paulson's gone from obscurity to being perceived by many as the top hedge fund manager in the world. With that change, Paulson has received enormous wealth, but at a cost. His every trade gets discussed and debated in the media. He's likely become more isolated for security reasons, making it harder to relate to the "real world" in which his investments operate. And he likely has more "yes men" around him than ever before.
If you're on Paulson's team, you've made huge money recently. Unwittingly, you'll start agreeing with him more on his new investment ideas. Anyone who doesn't agree will probably leave on his own accord or be asked to leave. Those remaining on the team are the most loyal and the least likely to disagree with the boss' views. Active debate helps form great investment ideas. But, as money managers get more successful, they face less and less debate.
I disagree that John Paulson was lucky in betting against housing. From Zuckerman's account, Paulson did his homework, while everyone else stayed too long at the party. I also think that he can still conceive of and execute great trades. But there's no question that it will be more difficult now than before . Ask Lampert. Paulson's continued success is not his birthright.
Any investor choosing a money manager needs to remember the story of the emperor's new clothes. Managers like to dazzle investors with technical terms and fancy charts. However, they should be able to clearly and articulately explain their basic strategy. No amount of buzz or press clippings is an adequate substitute for clear-headedness. (In fact, if they seem overly concerned with their media appearances, this signals they care more about their image than managing your money.) You shouldn't worry about asking a stupid question. If they show a whiff of arrogance in responding to your questions, run away as fast as you can.
Answering these questions will help you skate to where the puck's going, not where it's been. It will also help you ensure differentiating between "flash in the pan" money managers from those with staying power. And, just maybe, you'll find the next John Paulson.
At the time of publication, Jackson fund held no positions in the stocks mentioned.
Eric Jackson is founder and president of Ironfire Capital and the general partner and investment manager of Ironfire Capital US Fund LP and Ironfire Capital International Fund, Ltd.
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