12/11/2025

Bill Holdings Shareholders Elect Directors and Approve Executive Pay

Investing.com (12/11/25)

Bill Holdings, Inc. (BILL) held its 2025 annual meeting of stockholders on Thursday. According to a company statement based on an SEC filing, shareholders voted on three proposals. The financial technology company, currently valued at approximately $5.5 billion, has seen its shares gain 26.72% over the past six months despite trading below its InvestingPro Fair Value, suggesting potential upside for investors. First, shareholders elected four directors — Natalie Derse, David Hornik, Beth Johnson, and Allie Kline — to serve until the company's 2028 annual meeting or until their successors are elected and qualified. Also, on a non-binding advisory basis, shareholders approved the compensation of the company's named executive officers. In other recent news, Bill Holdings Inc. has been the focus of multiple significant developments. Activist investor Barington Capital Group has urged the company to implement cost reductions and consider strategic alternatives, including a potential sale. This move stems from concerns over Bill Holdings' slowing fundamentals and lack of operating profitability. Barington has built a $25 million stake in the company, joining other activist investors like Elliott Investment Management and Starboard Value LP. Meanwhile, Needham has reiterated its Buy rating on Bill Holdings, maintaining a $75 price target due to positive industry feedback and strong execution despite economic challenges. Truist Securities, on the other hand, has lowered its price target for the company to $60, citing concerns about growth and customer additions, though it still maintains a Buy rating. These developments highlight a period of active engagement and differing outlooks from investors and analysts alike.

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12/11/2025

Trump Orders SEC to Review Proxy Adviser Rules

Bloomberg (12/11/25) Gyftopoulou, Loukia; Lowenkron, Hadriana

President Donald Trump issued an executive order seeking to limit the influence of proxy advisory firms, part of a push to curtail how third-party firms attempt to sway the direction of public companies. The executive order issued on Thursday directs the chairman of the SEC to review regulation relating to proxy advisers and consider “revising or rescinding those rules, regulations, guidance, bulletins, and memoranda that are inconsistent with the purpose of this order, especially to the extent that they implicate ‘diversity, equity, and inclusion’ and ‘environmental, social, and governance’ policies.” The order mentions two such advisers — Institutional Shareholder Services Inc. and Glass Lewis & Co. — that provide guidance to institutional investors on how to vote at shareholder meetings. It claims they have “supported shareholder proposals requiring American companies to conduct racial equity audits and significantly reduce greenhouse gas emissions, and one continues to provide guidance based on the racial or ethnic diversity of corporate boards.” “Their practices also raise significant concerns about conflicts of interest and the quality of their recommendations, among other concerns,” it adds. “The United States must therefore increase oversight of and take action to restore public confidence in the proxy advisor industry, including by promoting accountability, transparency, and competition.” Thursday’s move is the latest example of how Trump and his allies in office have acted to target diversity and equity initiatives, efforts to address climate change and other practices in corporate America that conservatives have long bemoaned, and intensifies the administration’s scrutiny on proxy advisers. ISS said in a statement that it will carefully review the president’s order and consider how to respond, including ways to mitigate any impact on clients to whom it provides research and recommendations. “Our clients are sophisticated institutional investors, who determine how they wish to vote by selecting from a range of voting policies that guide our work on their behalf, or by creating customized policies for advice tailored to their own particular needs,” the adviser said. “ISS does not dictate or set corporate governance standards.” ISS and Glass Lewis are already being investigated by the Federal Trade Commission over whether they may have breached U.S. antitrust laws by offering shareholder advice on politically charged topics, according to people familiar with the matter. The order issued by the White House also directs the FTC chair to consult with the US attorney general and “review ongoing State antitrust investigations” into proxy advisers to determine if there are any links to “violations of federal antitrust law.” SEC Chair Paul Atkins also said last month that the regulator will consider reforms for proxy advisers. The House Judiciary Committee earlier this year demanded the firms hand over records to help it “evaluate the sufficiency of U.S. antitrust laws to address competition concerns in the proxy advisory market.” Senate Banking Committee Republicans have also probed ISS and Glass Lewis over potential conflicts of interest and political bias. Earlier this year, Glass Lewis said that starting in the 2027 annual shareholder season, it would no longer give a “house view” on how investors should cast their ballots — ending a decades-long practice of providing benchmark recommendations.

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12/10/2025

Elliott Heaps Pressure on Toyota with 5% Stake in Group Firm Slated for Buyout

Reuters (12/10/25) Leussink, Daniel

Elliott Investment Management has lifted its stake in Toyota Industries (6201) to 5.01%, further increasing pressure on automotive giant Toyota Motor (7203), which plans to buy out the forklift manufacturer, a key group firm. The U.S. activist investor, which spent 268 billion yen ($1.7 billion) on acquiring the stake, said in a Japanese regulatory filing on Wednesday that the holding was acquired for investment purposes and potentially making important shareholder proposals. Last month, Elliott said it had a significant stake and criticized the deal as undervaluing Toyota Industries, lacking transparency and falling short of proper governance practices. Other global investors have also asked for more disclosure of a deal that would strengthen the influence of the founding Toyoda family within the group. The transaction is being closely watched as Japan's regulators and the government push for improved corporate governance. Toyota Industries, which also supplies engines to Toyota Motor, is slated to be taken private by the automaker, group real estate company Toyota Fudosan and Toyota Chairman Akio Toyoda, the companies announced in June. Toyota Industries' shares continue to trade above the offer price of 16,300 yen per share, closing at 17,690 yen on Wednesday, suggesting investors expect a sweetened offer. Elliott's entry adds to that pressure. As of end-September, Toyota Motor held about 25% of Toyota Industries while Toyota Fudosan owned 5.42%. Elliott's stake makes it one of the largest shareholders in the company.

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12/10/2025

Southwest CEO Says Airline ‘Actively Pursuing’ Network of Airport Lounges

CNBC (12/10/25) Josephs, Leslie

Southwest Airlines (LUV) is “actively pursuing” the possibility of opening a network of airport lounges, CEO Bob Jordan said Wednesday, as the airline industry continues to fight over premium travelers. “I think lounges would be a huge, next benefit for our customers,” Jordan said in an interview. “And you [would] have a lounge network that allows you to offer that premium credit card that provides lounge access.” Southwest is discussing airport leases and lounge possibilities, along with its credit card partner, Chase. The Dallas-based airline in October won approval for an airport lounge at Honolulu’s Daniel K. Inouye International Airport. Jordan declined to provide a time frame for opening what would likely be a “network” of airport lounges but said “it’s clear our customers want lounges, and we’re pursuing the customer.” “We’re gonna make sure that we have a network of lounges that meets the needs of the network that we have,” he said. Large carriers from Delta Air Lines (DAL) to smaller ones like JetBlue Airways (JBLU), have been building airport lounges, spaces they’ve leaned on to reel in and retain higher-spending consumers. A J.D. Power report released Wednesday said 82% of people it surveyed said they chose an airline based on lounge access. Southwest, which carries more customers domestically than any other airline, has drastically changed its business model over the past year to scrap open seating in favor of assigned seats, among other things. It even started charging customers to check bags earlier this year to increase revenue as pressure ramped up from Elliott Investment Management. Southwest this fall started offering free Wi-Fi to members of its loyalty program. Jordan said the company is open to pursuing other onboard providers for in-flight internet, including Space X’s Starlink, the service United Airlines (UAL) recently started using.

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12/9/2025

Starboard Takes Large Stake in Clearwater Analytics, Sources Say

Reuters (12/09/25) Herbst-Bayliss, Svea

Activist investor Starboard Value has taken a nearly 5% stake in Clearwater Analytics (CWAN) and wants the technology company to boost its share price and run a robust sales process with independent advisers if it has received in-bound interest from potential buyers, two people familiar with the matter said. Starboard thinks Clearwater Analytics' business is significantly undervalued by investors as they worry about how management will integrate recent acquisitions, said the sources who are not permitted to discuss the new stake publicly. The Boise, Idaho-headquartered company, which has a market value of $6.4 billion, has seen its stock price drop 20% this year. News that Starboard, one of the investment industry's busiest corporate agitators, built a stake comes at a time private equity firms have expressed interest in possibly buying the company, which provides investment accounting and reporting software. Starboard and the company, which went public in 2021, have communicated privately, the sources said. A representative for Clearwater did not immediately respond to a request for comment. Starboard believes there are several paths to improving shareholder value, the sources said, noting that the hedge fund would like to see the company run a proper sales process with independent advisers after the company has received indications of interest from credible buyers. The hedge fund believes Clearwater would be a very coveted asset for both financial sponsors and strategic acquirers, the sources said. Should the company and its advisers fail to find a suitable buyer, Starboard believes that management should focus on opportunities to grow revenue and improve margins after recent acquisitions are properly integrated, the sources said. In the first few months of 2025, Clearwater bought Enfusion, Bistro and Beacon. But investors sent the stock price tumbling as they worried about integration risk and the company's increased financial leverage, industry analysts have said. Clearwater makes software that helps companies manage investment portfolios across both public and private markets and counts insurers, asset managers, hedge funds, and banks as its clients, according to its website.

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12/9/2025

Activist Fund Ananym Pushes Siemens Energy to Spin Off Ailing Wind Division

Reuters (12/09/25) Steitz, Christoph; Kaur, Gursimran

U.S.-based investor Ananym Capital has taken a stake in German power equipment manufacturer Siemens Energy (SMNEY) and is asking the group's management to review its loss-making wind division, its co-founder said on Tuesday. According to Charlie Penner, a spin-off of the business, Siemens Gamesa, could raise returns for Siemens Energy's investors by as much as 60% as it would focus activities on the group's lucrative gas turbine and power grid businesses. "We believe in wind long term. We're thinking that Siemens Gamesa can be worth $10 billion in a few years. But having it sit around and basically drag on value doesn't make any sense in our view," Penner told Reuters. "Wind would be stronger without having to compete for investment capital with the company's higher returning businesses, and with a shareholder base fully bought in to the wind story." Penner, the architect of a massive three-board-seat victory at Exxon Mobil (XOM) in 2021, declined to quantify the stake Ananym had taken, saying only that it was "meaningful" in the context of the firm's $300 million capital. Siemens Energy said in a statement on Tuesday that it "values constructive input for creating sustainable value for shareholders, employees, customers and partners," and that it had addressed the development of its wind unit at a recent capital markets day. Siemens Gamesa, which is still recovering from a quality crisis from two years ago, posted an operating loss of 1.36 billion euros ($1.58 billion) in the fiscal year ended September. The unit's ongoing losses have repeatedly driven calls by investors to review or even sell the business, but Siemens Energy has so far committed to turning the unit around, touting the long-term prospects for wind energy overall. "The real question would be whether (a spin-off) would trigger a closing of the discount to U.S. peer GE Vernova (GEV)," Citi analysts wrote. Siemens Energy trades at a price-to-earnings ratio of 29.3 times, compared with GE Vernova's 51.8.

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12/9/2025

KeyCorp CEO Says Bank Aligned With Activist on Some Major Points

Bloomberg (12/09/25) Chiglinsky, Katherine

KeyCorp (KEY) Chief Executive Officer Chris Gorman said the bank is “still digesting” the points raised by HoldCo Asset Management, but is aligned with the investor on some major key points. HoldCo last week released a presentation called “Read My Lips: No New Acquisitions,” urging the company to swear off bank deals and pursue stock buybacks. The investor also said the bank should terminate Gorman and not renominate the board’s lead independent director. While Gorman didn’t address the push to remove him from the CEO role, he said other key points — including the moratorium on bank deals and push for share repurchases — match his team’s priorities. “We and that particular investor are pretty closely aligned on the most important themes,” Gorman said Tuesday at a Goldman Sachs Group Inc. conference. “We absolutely agree with that investor that our shares are undervalued and that we have excess capital.” KeyCorp shares jumped as much as 4.3% on Tuesday after Gorman spoke, leading gains for the KBW Bank Index. HoldCo has been active in the banking industry, taking stakes in certain companies and urging changes. HoldCo, which also previously disclosed a stake in Comerica Inc., has been pushing for that lender to release more details surrounding its announced acquisition by Fifth Third Bancorp. Gorman said that Cleveland-based KeyCorp has been working in recent years on its processes. “We have made a lot of changes over the last two or three years in terms of really making sure that we’re buttoned down and tight particularly from a finance perspective,” Gorman said. For the fourth quarter, Gorman said the bank expects fees to total more than $750 million, with investment-banking fees expected to be up $10 million to $20 million from a year earlier. The bank now expects growth in full-year fees to be “comfortably north” of 6.5%, up from prior guidance of 5% to 6%. Full-year expense growth, meanwhile, will be “a little higher” than 4%, due in part to fee growth, he said. “NII growth will be better than 22%, so that will beat the guide that we've given,” Gorman said. Gorman's comment that his firm isn't pursuing bank acquisitions “cleans up” the message, Piper Sandler Cos. analyst Scott Siefers wrote in a note to clients, adding that the improved NII and fee outlook was part of a “robust and encouraging update.”

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12/9/2025

Corporate Governance Forum Opposes National Growth Fund SK Hynix Plan

Chosun Biz (South Korea) (12/09/25) Eun-jung, Kim

The Korea Corporate Governance Forum has expressed opposition to the government’s plan to invest 150 trillion Korean won from the National Growth Fund into SK Hynix’s (000660) great-grandchild companies, warning that it could cause serious problems. The forum is a group formed by over 100 domestic capital market experts advocating for activist investing. In a commentary on the 9th, the forum pointed out that the government plans to ease regulations separating financial and industrial capital, limited to advanced industries, and that funds from the National Growth Fund could flow into SK Hynix under this move. The forum explained, “Under the current holding company structure, a subsidiary must fully own its great-grandchild company, but the proposed regulatory relaxation reduces the ownership requirement for great-grandchild companies to 50% and allows holding companies to hold financial leases.” It added, “This would enable large conglomerates like SK Inc. to expand their businesses by securing government equity investments and low-interest loans through multiple great-grandchild companies.” Lee Nam-woo, the forum's chairman, interpreted, “SK Hynix intends to use joint ventures or special purpose companies with 50% ownership to receive equity investments and low-interest loans from the National Growth Fund, build semiconductor facilities, and lease them back.” He suggested other large corporations could similarly expand their businesses through government equity investments and low-interest loans. The forum warned of potential corporate governance issues. Lee stated, “If SK Hynix establishes a joint great-grandchild company with government equity investment, existing shareholders will face dilution in semiconductor sales proportions, which is a serious problem.” He explained, “The market will react negatively, perceiving this as a regression in corporate governance.” The forum also noted that SK Hynix is projected to hold 100 trillion Korean won in net cash by the end of 2027, sufficient to fund investments independently. It added, “If capital is needed, SK Hynix could issue new American Depositary Receipts.” Separately, the forum expressed concerns over the government’s recent appointment of Park Hyun-joo, Mirae Asset chairman, and Seo Jung-jin, Celltrion chairman, as co-chairs of the National Growth Fund Strategy Committee. It cited Park’s avoidance of obligations and responsibilities by not serving as a registered director despite making key decisions, and Seo’s history of criticism regarding family issues and opaque management succession. Lee Nam-woo emphasized, “Equity investments from the National Growth Fund must not infringe on existing shareholders’ interests.” He argued, “Rushed implementation could undermine the effects of the Commercial Act revision and trigger capital flight from foreign investors.”

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12/9/2025

Activists Move to Unlock Value in Germany

White & Case (12/09/2025) Habler, Thyl; Wuensche, Frederic

Germany has become the second largest target market for activist shareholders in Europe, just behind the UK Until 2023, the number of public campaigns remained consistent. In 2024, there was a slight decline and in the first half of 2025, only a few campaigns were made public. The decline is likely due to various uncertainties affecting the German economy, such as declining industrial productivity, high costs, and geopolitical developments. However, even though most activist approaches do not result in public campaigns, most publicly listed companies in Germany have likely been approached by activist shareholders in recent years. Recent activist campaigns have focused on increasing corporate value, with emphasis on breaking up conglomerates and the composition of management and supervisory boards. ESG issues have taken a back seat over the past two years, as short-term financial performance has become a higher priority. A notable trend is the growing involvement of domestic institutional investors, who increasingly support activist campaigns. Frederic Wuensche (FW): Historically, activist campaigns were rare and met with strong resistance from the conservative corporate culture in Germany, especially when using aggressive tactics, including public campaigns. This has changed considerably. Successful campaigns leading to the breakup of conglomerates, better financial performance, improved governance, and a focus on ESG issues has shifted board perceptions of activism. Boards of publicly listed companies are now more open to engaging constructively with activists and considering their proposals. This shift is due in part to activists' "soft approach," favoring private discussions with the board before public campaigns. Consequently, many boards now recognize activists as valuable sources of insight and strategies for enhancing corporate value and performance. Germany's two-tier board system includes an executive board for day-to-day management and a supervisory board overseeing and advising it. The supervisory board is also able to appoint and dismiss executive board members. Consequently, shareholders can only elect supervisory board members, not executive board members, limiting direct proxy fights against the latter. To influence the executive board, activists must first secure a seat on the supervisory board. They can do this by proposing candidates at the annual general meeting or having a company-nominated candidate. Once on the supervisory board, they can influence the executive board's composition and management. However, this process is lengthy and risky. Moreover, once elected, a candidate on the supervisory board cannot represent or take instructions from the activist to whom he is affiliated. However, some activists have managed to exert influence without formal representation. U.S. activists continue to be drawn to the market with Sachem Head Capital Management and Inclusive Capital Partners among those to find success in gaining board representation in recent years.

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