76report

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April 5, 2024
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76report QUICKTAKE: April 5, 2024

Nelson Peltz Loses the Battle - but Wins the War of Ideas

Disney (DIS) shares rebounded slightly in line with the market as of Friday morning but traded down for two consecutive days after activist investor Nelson Peltz and former Disney Chief Financial Officer Jay Rasulo failed to garner the necessary votes to join the Board of Directors.


While Peltz received some meaningful support from institutions, including CalPERS, which runs California’s massive state employee pension plans, and was also endorsed by certain proxy voting services, he ultimately received only 31% of the votes at the April 3rd shareholder meeting.


From the moment the vote results were announced to the end of trading on Thursday, April 4th, Disney shares have traded down approximately 4%, reflecting investor disappointment that Peltz will not be directly involved with the company.

Although Peltz fell significantly short of the required majority, his vote tally is nonetheless impressive given the inherent difficulty of taking on entrenched management in any proxy context. In this particular case, Disney CEO Bob Iger appeared to deploy all conceivable resources toward keeping Peltz and Rasulo off the board and out of his hair.


Trish and Rob analyze the implications of Peltz’s failed bid in a recent segment of the Trish Regan Show, available here.

Disney management is now in the hot seat to correct what has been a dramatic collapse in overall profitability along with abysmal share price performance over the past five years.


Peltz and his team have done an excellent job articulating what has gone wrong at Disney across the entertainment conglomerate’s sprawling operations. This includes a broken creative process that stifles dissenting viewpoints, the subordination of shareholder interests to woke ideological objectives resulting in several box office disasters, a bloated central office, and a series of strategic miscalculations.


Even the crown jewel of Disney—it’s Experiences segment, which includes theme parks, cruise ships, and merchandising—is now at risk thanks to consistently aggressive price hikes and new competition from Universal in Orlando starting next year.


The real losers of the proxy battle may ultimately be all Disney shareholders and perhaps even Iger himself, as the board will not have the benefit of Peltz’s independent perspective and constructive criticisms.


The drama of the proxy battle may be over, but essential questions around Disney as an investment proposition remain unanswered. Is it a turnaround story? Or a sinking ship?

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