Rupert Murdoch's bid for Dow Jones & Company is heating up again.
The family that controls Dow Jones agreed to meet with News Corporation, the media company headed by Murdoch . News Corp made an unsolicited bid for Dow Jones earlier this month. Until now the Bancroft family, which controls 64% of the voting power of Dow Jones largely through its super-voting class B shares, had refused to meet with Murdoch or representatives of Dow Jones to discuss the offer.
"Since first receiving the News Corporation proposal, the Family has carefully considered and discussed among ourselves and with our advisors how best to achieve that overarching objective, while serving the best interests of the Company's various constituencies,” the family said in a preliminary statement first reported by the Wall Street Journal, which is owned by Dow Jones.
“After a detailed review of the business of Dow Jones and the evolving competitive environment in which it operates, the Family has reached consensus that the mission of Dow Jones may be better accomplished in combination or collaboration with another organization, which may include News Corporation,” the statement says.
In early May, News Corp offered $5 billion for Dow Jones, a sixty-seven percent premium over where the stock price trading before the bid. Through representatives on the board of directors of Dow Jones, members of the Bancroft family representing a majority of the voting power declined the offer. The board of directors has officially take no action on the offer. Since making the bid Murdoch has attempted to win support from the Bancroft family, but he has not increased his offer. In recent weeks some analysts began predicting that Murdoch would withdraw the offer if the family continued to refuse to negotiate.
The Wall Street Journal said the statement would be finalized after the conclusion of a meeting of the board of directors, which was underway tonight. At the time this was posted, no statement had been filed with the Securities and Exchange Commission on behalf of Dow Jones or the Bancrofts.
The statement may mean that the Bancrofts are willing to accept an offer from Rupert Murdoch. But by indicating a willingness to sell, they may also be hoping to attract other bidders. Tonight’s statement affirms that the family will also consider other bids.
Bancroft Family Plans to Discuss Dow Jones Bid With News Corp. [Wall Street Journal]
Bancrofts' Statement on Dow Jones Bid [Wall Street Journal]



What better way to celebrate summer (or at least the first day muggy enough for New Yorkers to complain about where spring went) than with the emergence of only slightly obstructed ladyparts? Now that winter coats have been shed and even the most melanin deficient specimens have been reversed bleached a bit, DealBreaker presents the first installment of our new PartPuzzler feature.
Hedge funds are often touted as “early adopters” of new investment methods and developing strategies for doing this super cool thing called making money. Algorithmic trading, long short (cutting edge when Alfred Jones did it), the
Good news for the self consciously pudgy - now ice cream, cereals and granola may be able to give you cancer. Coca-Cola and Cargill are ready to release lines of products sweetened with rebiana, the latest low-calorie sweetener pending regulatory approval. The marketing rationale here is that as long as that calorie number on the package goes down, all is permitted (next up – low calorie bleach, low calorie gasoline). Now you can dip your trans-fat free french fries in that vanilla cookie dough blend without gaining a pound!
Finally, the financial journalism community (yes, it’s a community) offers us something more than meaningless commentary. David Weidner, who we love, gets service-y today over at MarketWatch with a nifty how-to guide, re: insider trading. We’ll get right down to it:
China isn’t gobbling up foreign assets at a rate that many expected, with overseas acquisitions this year on pace to reach only about 75% of last year’s volume. China more than doubled overseas M&A volume last year, acquiring over $20bn in foreign assets in 2006, up from $9.6bn in 2005. This year China’s overseas deal volume stands at $6.2bn, and most acquisitions have been attempts to bolster existing energy platforms.
The Shake Shack in Madison Square Park is open for business, and we’ve already heard reports of summer interns at Credit Suisse standing on the long lines to get burgers and fries for lunch.
Among the possible insider traders in CNBC’s fake portfolio challenge are an investment manager (with an
Bill Hambrecht, founder of I-banking substitute WR Hambrecht & Co. wants to start a football league with Tim Armstrong at Google and Mark Cuban. Aspiring NFL competitors have a history of staying afloat for about as long as the Lusitania at a U-boat party, and Hambrecht has been a proud co-captain of at least one of these sinking ships – as a minority partner in the Oakland Invaders of the USFL (United States Football League), which folded after three years in 1985.
Securities regulators will review the $11 billion distribution and service fees charged by many mutual funds. Yesterday the Securities and Exchange Commission said it will hold a roundtable discussion on June 19 to discuss the fees.
Four Ernst & Young partners were indicted today for allegedly creating illegal tax shelters for the firms wealthiest clients. At the same time prosecutors announced it would not bring charges against the accounting firm.
Federal prosecutors yesterday brought criminal charges against Pakistani banker Ajaz Rahim, who they allege traded on inside information leaked to him by a junior Credit Suisse banker. Rahim is a prominent figure in Pakistani investment banking, and until quite recently worked as the country head of investment banking of the Faysal Bank in Karachi.
A reader tipped us off to the following energy market shake up this afternoon regarding oil prices. US crude prices shot up 40 cents when a Tulsa, Oklahoma television station reported on its website that a regional refinery was on fire from a lightning strike. The only problem - there was no fire, save for the pants of the KOTV webmaster (Brain Hunter, as part of Solengo's new macro event-driven strategy).
It’s refreshing to see, at least for anyone who prefers a little balance in the technological world order, that not everything Apple touches turns to gold, which has been the case since the iPod (although the Power Mac Cube was shelved just as the iPod was launching in 2001). The Apple TV, which is a $300 doorstep, furniture leveler or sushi platter according to Fortune’s Brent Schlender, is Apple’s very own Zune, crammed with features that are unusable because of compatibility issues and lacking common sense controls – like a volume gauge on the remote. Schlender points out that the advertising push for the Apple box in the very medium it’s trying to transform is non-existent and that Steve Jobs would rather talk about his ignorance of options dating practices than the Apple TV.
Finally, something quasi-exciting today (other than the planning of our upcoming "Whose Boobs?" contest, which we'll tell you all about in good time): the Man Group plans to list a hedge fund on the NYSE! Man, one of the largest hedge funds in the world, will be selling a closed-end fund that employs hedge fund strategies. Shares of the Man Dual Absolute Return Fund will be pawned for $20 each, with a minimum order of 100 shares (to maintain
Robert Zoellick is not afraid of foreign relations, or panda relations, seen here last January with Jing Jing at the Chengdu Giant Panda Breeding Research Base in central China. "You want to know how the panda felt?" Zoellick asked. "Very soft."
This month, the number of shorted shares on the NYSE reached 3.1% of the total number of shares traded on the exchange. This is the highest percentage since 1931 (just to give you a sense of how long ago that is - in May of 1931 the Empire State Building had just finished construction). The bulls may carry the day though, as shares of the S&P 500 are trading at only 17.8x earnings on average, which is a far cry from the 32.8x earnings S&P 500 shares were trading at on average at the end of the last bull market. As short sellers continue to hold firm, they may continue to eat it, according to Bloomberg:
It is apparently still news to some that the Securities and Exchange commission is very deferential to the securities industry. This morning the Wall Street Journal reported that “the agency has been publicly and noisily pressured by a congressman, a union leader and a Democratic presidential candidate, amid increasing consternation the agency is favoring business interests in its decision making.”
Investment banks like to make headlines by playing important roles in big deals. But publicity surely wasn’t what Merrill Lynch was after when it made headlines last week with it’s new sick-day policy. An internal memo announced that three sick days per year is acceptable but after that the company will start docking pay. More than eight is “unacceptable.” And nine days out is a firing offense. After it was reported on
Bloomberg's Matthew Lynn submits:
It’s no surprise that Andy Roddick’s arms are not on the latest cover of Men’s Fitness (pictured). The resulting fallout has been plastered all over the internets since the cover came out a couple weeks ago. Roddick even jokes about the cover on his personal blog, exclaiming, “Little did I know I have 22-inch guns and a disappearing birthmark on my right arm.” The magazine insists that they didn’t just paste Roddick’s head on some jacked dude (and that they don’t have a piss poor Photoshop guy who can at least match skin tones), but rather enhanced his existing arms, like
Did a love of Parker Brothers board games, Monopoly in particular, get John Mack to return to the Dean Witter-tainted Morgan Stanley in 2005? According to the non-news driven article about the Lebanese Lothario* on Page One of today’s Wall Street Journal: maybe (always so vague, the Journalettes). As you probably know, after the train wreck that was the Morgan Stanley-Dean Witter merger, things got awkward between Mack and DW chief Philip Purcell, who became chairman and chief executive of the new company. So bad that Mack left in January 2001. Retirement (also known as running Credit Suisse Group) was going pretty well, until one day, Mack’s son, always the rabble-rouser, gifted his father with a “custom Monopoly board with a ‘Chance’ card that read: ‘A struggle with Phil Purcell finds you in a dilemma at MSDW. Should you stay or should you Go? You choose Go.” (Yes, let’s all pause to make sure we’ve taken that 72-hour pill within the allotted 72 hours. We’ll wait).
Against all odds, the story of Overstock continues to get worse. The company has been a laughing stock to almost anyone who can be bothered to think about it anymore. It’s the focus of an SEC investigation. It is run by a chief executive whose name—Patrick Byrne—long ago became synonymous with wacky conspiracy theories. It regularly deploys nasty tactics to defame reporters who dare mention its deterioration. An it’s bleeding directors.
It turns out you don’t have to be a real estate billionaire’s offspring to get a sense of Ivanka Trump’s huge (and artificial?) tracts of land. Jared Kushner, fellow member of the “Daddy’s a Real Estate Billionaire” club and vaguely heterosexual courter of Ivanka, succumbed to Yahoo’s Indecent Proposal and is letting the winner of the Yahoo Search Marketing Ultimate Connection contest go on an “executive meeting” with his non-girlfriend.
Hewlett-Packard wants to be the tech-company of the future and, unfortunately, that goal may be coming a reality in a way they never planned. Instead of becoming a shining star of new technologies, the company has been plagued by an association with a darker kind of future—a sort of Max Headroom, Robocop-style dystopian future where corporations employ spies to steal confidential, personal and corporate information about competitors, employees and reporters.
Nice article in
Over 300k people are opening brokerage accounts every day in China and driving the most recent market surge, pushing Shanghai’s CSI 300 past the 4,000 mark. The index has quadrupled since 2006 and doubled since the start of this year, although Greenspan is wary of the bubble buzz, and warned of a possible dramatic correction last week. According to the BBC:


Breaking Views reports that, despite robust markets, boom in mergers/buyouts and astronomical investment-banking earnings in the first quarter, Goldman Sachs has begun a hiring “pause.” What does this mean for everyone else? Well, given Goldman’s position in the pecking order of things, and the tendency of humans to be sheep, that others will likely follow. BV believes this may even “herald the first industry-wide freeze since the tech meltdown.”
Just when you thought IBM's strain of red, white, and at least Blue ran a little Deeper, the company refuses to give the brave men and women who fight overseas a chance to succeed in corporate America. IBM faces a $5mm lawsuit for firing Vietnam War veteran James Pacenza for treating his post-traumatic stress disorder. His medicine just happens to be cyber sex. From the BCC:
A long time ago NYT writer Austan Goolsbee had a thing for Warren Buffett, and for Berkshire Hathaway. In a “moment of weakness,” he bought one Class B share of BK. Oh, what a beautiful, moving, fulfilling day that was. One for the books, as they say. Why did he do it? Because he believed in Mr. Buffett and in Berkshire Hathaway, a “mutual fund but without the bad incentives.” Buffett was this great, wonderful man in Goolsbee’s life, who didn’t do things at the expense of shareholders. If one person, a God among plebes had the ability to beat the market, it was the beacon of light shining bright from Omaha. But you know how these things go: to shit.
On Monday, Pali Research said Rupert Murdoch would “walk away” from his $5 billion bid for Dow Jones after not winning the support of the Bancroft family in a measly three weeks. Analyst Jeff Greenfield wrote in a note to clients, “We suspect News Corp. will officially announce the termination of its acquisition announcement over the course of the next couple of weeks and leave Dow Jones to fend for itself,” a conclusion he came to not by inside information or anything but just, you know, a feeling he got. All over in less than a month. Just like that.
Alpha Magazine’s hedge fund rankings are in and the banks have faired quite well. JP Morgan and Goldman took 1 and 2 (despite the latter’s 6% loss last year), with $33 billion and $32.5 billion in total capital as of December 31. In third and fourth were Bridgewater Associates and DE Shaw, who both had over $30 billion. Citigroup moved up a respectable 32 places to 13th, from its previous spot at 45. Morgan Stanley clocked in at embarrassing 53, considering all the hedge funds it bought last year. 
Yesterday, in a Chicago courtroom, prosecutors trying to take down press guy Conrad Black for racketeering brought an email into evidence that they believe stacks the cards against Mr. Black, sent from him to Donald Trump, prior to Hollinger’s 2003 shareholders’ meeting:
Yesterday a Bancroft clan meeting took place in Boston to discuss various ennui of the whole News Corp. offer-shtick (Will scantily clad pictures of the genetically blessed Murdoch spawn, Lachlan, be included in the deal? Were Rupert and Colonel Sanders separated at birth?). What transpired? As is the norm for this as-exciting-as-backdating story, a whole lot of nothing. Some people (William Cox Jr., his four children, who together control 15% of the family’s total Class B shares) didn’t even show up, though it didn’t stop them from weighing in on the situation. Christopher Bancroft said that he opposes the sale to News Corp., fearing that it would threaten the Journal’s independence. Viewed as an “influential” member of the family, with his two siblings, Bancroft controls roughly one-third of the family’s stake in Dow Jones, and is also one of the company’s sixteen directors. 

Houston, we have a problem, we're getting a "PC Load Letter" message here...
Equal opportunity
The bid for OSI Restaurant Partners, owner of the Outback Steakhouse chain, is creeping upwards due to pressure from major OSI institutional investors. Bain Capital and Catterton increased their initial bid of $40 a share ($3.1bn total) to $41.15 a share. This 2.9% bump still isn't entirely satisfactory, as Lord Abbett (the #2 institutional shareholder in OSI) claims that with a decent turnaround the company could carry a valuation in the $50-$60 range, and therefore may reject the most recent bid. Shareholders are voting on the proposal on June 5.
Canceling conference appearances may be the latest pump and dump scheme, or just blowing off JPMorgan. Shares of Palm, maker of wireless handheld devices like the Treo, shot up more than 4% on merger speculation created by CFO Andrew Brown’s “back troubles.” Always a euphemism for an impending takeover or unveiling a new wireless megadevice, Brown used his “back trouble” to get out of speaking at a JPMorgan tech conference in Boston. Palm quickly issued its “No, Seriously” press statement, insisting that Brown was not only experiencing back trouble but was “at the physical therapist right now.” 
Are you a CEO (who found his/her way over here from SuperMogul)? If so, drop the blow, dead hooker and, for those of you driving, the bottle of Jack. Your shareholders may try and use these things against you! CNBC reports that—in addition to
It’s not enough that people associate Merrill Lynch with branch managers trying to manage your assets out of a kiosk in the mall and throwing in a free 9-hole round at the local par-3 where they can tell you about all the revolutionary Merrill structured products that can return less than t-bills (before fees). Now, nine days sick in the calendar year will get you canned. From Gawker, who for some reason has a Merrill Lynch correspondent:
To hear Steve Schwarzman tell it, Blackstone went to China hoping to win the People's Republic as a client. And accidentally walked away with a $3 billion equity investment. Possibly the best business trip ever.
There may be a new way to go down for insider trading on the horizon and it has a wicked cool name: the “Big Boy Letter.” The BBL, Jenny Anderson writes in today’s Times is a way for buyers and sellers to first say “We are all big boys here, so let’s not sue each other” and secondly, “Now that that’s out of the way, who wants to trade on some info the market doesn’t have?”
Kevin Ham is one of the world’s most successful “domainers,” or people who have profited from buying up internet domain names. His websites get over 30 million hits a day and are worth over $300mm in aggregate. Kevin is also a Christian, and wants you to know he’s a Christian. Kevin is so Christian, that many of his most valuable domain names are rooted in Christian mythology (god.com, satan.com, christianrock.com (Jars of Clay is mythically bad)). Kevin is so Christian that he steers most business conversations back to the Bible. Kevin is so Christian that he’s made a fortune through teaming up with the government of Cameroon to exploit the “cm” instead of “com” typo and registered most of his domain names using registration spamming software and by exploiting a free registration loophole. It is god’s work, after all. From CNN Money:
Hank Paulson is getting antsy. He's been in DC for almost a year now and the old boy doesn't have much to show for it. When Paulson left Goldman Sachs, he planned on using his Hammer-like deal-making skills to get stuff (Social Security, Doha global trade talks, China) done. But, according the Wall Street Journal, the same qualities that made Paulson an efficient higher up at Goldman, and allowed him to outs Jon Corzine from the company (while JSC was away with his family for Christmas in Colorado)--impatience, forcefulness, an insistence on interrupting people and monopolizing conversations--just make him a dick at the Treasury, and a frustrated one at that.
Hell is not a place that is usually invoked in discussing corporate mergers and acquisitions. But it has come up frequently in discussions of the unwinding merger of Daimler-Benz and Chrysler. When news of the sale of the Chrysler unit to a private equity fund broke, The Wall Street Journal’s DealBook
The Backstreet Boys are coming to NYC, performing live at the Supreme Court of New York County. The still-wishing-they-were-pubescent outfit claims boy band impresario Lou Pearlman and Trans Continental Records (TCR) still owe around $4mm to cover subsequent career mistakes of individual group members. The group maybe should have realized they were getting a bum deal when they paid Lou over $29mm in 2000 to be freed from future contractual obligations in the first place. The current suit was originally filed in Florida but has since moved to New York because of the humidity.
The Blackstone public offering is back in the news.
Meet Josh. He’s an audit associate at KPMG. Josh is featured in the most recent issue of Fortune’s cover story about today’s twentysomethings, who “have their own rules” with regard to the workplace. Fortune thinks this is a cute way of saying “here are a bunch of entitled brats—enjoy!” (and it sort of is, the rapscallions). Josh, who has a “broad networker’s smile,” a “stiff white collar,” and wears “polished onyx cufflinks,” thinks KPMG should work for him.
Everyone on the Big Board mass email knew that the day would come when the floor of the stock exchange would be turned into Colonial Williamsburg; that time is now. With almost two-thirds of the bodies being cut and the survivors pretty much standing around twiddling their thumbs (floor traders handle only 18% of trades now, versus 86%, pre-electronics), the logical thing to do was to start giving out tours to the public and dressing in drag. The Post reports that “storied floor” has become a major hotspot for out-of-towners, and a good way for employees to pass the time. 
It's been a while since we benefited from the mind-blowing advice offered on the planet's most important website - Yahoo Personal Finance. Here we have Yahoo's "Brazen Careerist" Penelope Trunk with
Dresdner Kleinwort is no longer facing a class action lawsuit from six women who alleged the bank was discriminating against women. This morning the news broke that the bank had “read an out of court settlement” with the women. The terms are undisclosed so all we have is a vague outline—the bank didn’t admit to any wrongdoing, but the women are satisfied. We’re going to check with our brother blogger David Lat at
Ever wondered what it would be like to party with a bunch of hedgies? Besides the obvious—Loeb is a mean drunk,* Hudson claims he has no idea why he woke up wearing a skirt and heels,* Griffin is always suspiciously missing when it’s his turn to pick up the round*—there’s not that much in the public records about what doing lines off of a HF manger’s girlfriend’s girlfriend’s exquisitely sculpted (and handsomely paid for) breasts feels like (Stevie Cohen owns the rights to publish those photographs).**
We’re starting to hear chatter about a hedge fund meltdown. The outlines are still vague. Multi-strategy fund. Something like $3 billion under management. But nothing more.
Officially it’s being called an 85% premium from where the stock traded yesterday. But since aQuantive’s shares were trading below $30 a few short months ago—before Google’s acquisition of DoubleClick started a frenzy of speculation about who Microsoft might acquire to get into the internet advertising business—it might be fair to say that the premium is closer to 105%.
Bloomberg reports that the volume at which Acxiom—who recently agreed to be acquired for $3 billion by two private equity firms—has been trading indicates that some buyers “knew more than the normal trader did.” Which is a nice way of saying: “There are thieves among us.”
There were 116 financial restatements in corporate public filings in 1997. Almost ten years later (2006), that number has grown over 15 fold to 1,876. Hank Paulson wants to know why. Paulson has ordered a Treasury study of restatements, their predominant causes, and effect on investors that will be headed by former SEC chairman Arthur Levitt and former SEC chief accountant Donald Nicolaisen. 
“The only sure thing that can be said about the past is that anyone who can remember Santayana’s maxim is condemned to repeat it,”
Eddie Lampert may be betting that former US Treasury Secretary Robert Rubin is poised to take over as chief of Citigroup, according to a former colleague of both Lampert and Rubin. Earlier this week,