Billionaire hedge-fund manager Dan Loeb calls himself an âactivist investor,â but even in the rough-and-tumble financial world, his tacticsâ"nasty, personal attacks on C.E.O.âs and colleaguesâ"are considered extreme. After nearly losing his Third Point fund, in 2008, Loeb has come roaring back, hunting such big game as Yahoo, Sony, Morgan Stanley, and Sothebyâs. From Wall Street to Hollywood, everyone is crying foul, but as William D. Cohan reports, Loebâs ultimate weapon may be that he doesnât give a damn.
Once again, in October, Dan Loeb was lobbing grenades. This time his target was Sothebyâs, the international auction house, founded in 1744, that, along with chief rival Christieâs, owns the high-end business of reselling the art, real estate, jewelry, furniture, and other knickknacks of the wealthy. Loeb, the 51-year-old founder and principal owner of the hedge fund Third Point L.L.C., is famous, or rather infamous, for such bomb throwing. Packaging them in the form of letters to corporate C.E.O.âs (and sometimes to his hedge-fund colleagues), Loeb excoriates his targets publicly, not only for their professional performance but also often for their personal behavior. The idea is to humiliate the C.E.O.âs, causing them to quit or to get fired, so Loeb can unleash his strategies for âunlocking shareholder value,â as they say in the hedge-fund world. Other hedge-funders send such letters, but most agree that Loebâs are the nastiest and most florid.
After Thir Point had become the companyâs largest shareholder, Loeb sent his Sothebyâs letter on October 2 to William F. Ruprecht, the widely respected chairman and chief executive officer, who has been at the auction house for 33 years. Arguing that Sothebyâs suffered from âa lack of leadership and strategic vision at its highest levels,â Loeb then blasted Ruprecht for his 2012 compensation of $6.3 million, as well as any number of perksâ"memberships in âelite country clubs,â car allowances, and tax-preparation servicesâ"that invoked âthe long-gone era of imperial CEOs.â He also relayed the âstoryâ of an âextravagant lunch and dinnerâ at Blue Hill restaurant, in Manhattan, where, he said, Sothebyâs management âfeasted on organic delicacies and imbibed vintage wines at a cost to shareholders of multiple hundreds of thousands of dollars.â Loeb demanded Ruprechtâs resignation and wrote that he would like to join the board âimmediatelyâ to begin a search for a new C.E.O. In! credibly, he wrote that he had already identified two internal candidates who could succeed Ruprecht and had begun âinformal discussionsâ with outside candidates as well.
In response, Sothebyâs cited Loebâs âincendiary and baseless comments.â An unnamed source, speaking to The Wall Street Journal, said Loeb had exaggerated the size of the restaurant tab, which had covered 50 of the firmâs top producers. The company also adopted a so-called âpoison pill,â forcing anyone who acquires 10 percent or more of the companyâs stock to negotiate with the board of directors to buy the companyâ"a path the activist Loeb is unlikely to pursue. (Ruprecht declined a request for an interview.)
For most of his career Loeb has gone after obscure smaller companies, but the $14 billion war chest he has assembled of his and other peopleâs money in the last few years has inspired him to pursue bigger gameâ"among them Sony, Yahoo, Morgan Stanley, Apple, Disneyâ"nd has attracted unwanted attention to his scorched-earth tactics. Last August, George Clooney, one of Hollywoodâs smartest and most genial figures, went ballistic on Loeb, who had bought more than a billion dollarsâ worth of Sony stock, and then followed it up with a pair of letters to Sony C.E.O. Kazuo Hirai, claiming that the companyâs entertainment division lacked the âdiscipline and accountability that exist at many of its competitors.â Loeb concluded by assuring Hirai that he âwould gladly accept a seat on Sonyâs Board of Directors.â
Clooney, after pointing out that he has no particular love for Hollywood executives, rallied to their defense. âIâve been reading a lot about Daniel Loeb, a hedge fund guy who describes himself as an activist but who knows nothing about our business, and he is looking to take scalps at Sony,â Clooney vented in August to the entertainment-news Web site Deadline Hollywood. âIt makes me crazy A guy from a hedge fund entity is the single ! least qua! lified person to be making these kinds of judgments, and he is dangerous to our industry What heâs doing is scaring studios and pushing them to make decisions from a place of fear To have this guy portraying it that Sony management is the bad stepchild and doesnât know what it is doing and heâs going to fix it? That is like Walmart saying, let me fix your town, putting in their store, strangling all the small shops and getting everyone who worked in them to work for minimum wage with no health insurance.â
Loeb followed his Sony investment with a relatively small $115 million stake in Disney (which has a market value of around $117 billion). What he hoped to accomplish with such a small stake is a bit of a head-scratcher. According to an insider, âHollywood is used to seeing these people [like Loeb] come in, make a buck, and leave. In that sense, everybody is just kind of rolling [their] eyes. But [Loebâs targeting of Sony] is unfair because Sony has been one of the most stable and successul studios.â
Clooneyâs broadside was all the more surprising in that, at first glance, youâd think that Loeb would be just Hollywoodâs kind of hedge-fund guy. With the laid-back affect of the California surfer dude that he once was, heâs compact, athletic, and rakishly handsome, with close-cropped brown hair and a wry smile. He made skateboards for himself and his friends when he was 12, worked for Island Records after graduating from college, and hung out in New York with rapper Fab 5 Freddy during the mid-80s heyday of Bright Lights, Big City. Looking much younger than his age, thanks to some seriously healthy living, he for many years practiced Ashtanga, the rigorous, contortionist form of yoga favored by 20-year-old actresses and ballerinas, and then moved on to compete in triathlons and marathons, where he is a middle-of-the-pack guy but gets big points for participating.
Works by such major contemporary artists as Jean-Michel Basquiat, Rich! ard Princ! e, Cindy Sherman, Andy Warhol, and Mike Kelley line his spectacular homes and his swanky Lever House office, on Park Avenue. He thinks nothing of hopping on his Gulfstream IV (recently upgraded to a newer model, friends say) to jet to the Mentawai Islands, in Indonesia, to go surfing. He studied Torah for six years with Rabbi Heshy Blumstein, who presided over his July 4, 2004, marriage to Margaret Munzer, then a yoga instructor. (They have three children.) He even wears custom-made Tom Ford suits.
Some people believe that Loebâs yoga practice and Torah studies are just an elaborate means of atonement. âIâve heard it said that yoga is Danâs form of paying penance for what he does while outside the home, whether it be the office or elsewhere,â says Robert Chapman Jr., a hedge-fund manager in California. âItâs like his way of self-purging.â Chapman and Loeb were once friends who occasionally invested together on deals.
Adds a competitor who knows him well, âI think Loeb has gotan enormous ego. I think heâs got a bit of a Napoleonic thing. And I think heâs a very calculating, Machiavellian guy What happens to some people when they make a ton of money is they get this feeling of invulnerability, and I can do anything, say anything, behave any way I want, and I can get away with it.â
A Wall Streeter who has known Loeb since his early days in New York describes how Loeb climbed to the pinnacle of hedge-fund success: He started out âa little bit like J.P.â"John Paulson [founder and president of the hedge fund Paulson & Co.]. He was doing O.K. No one took him terribly seriously. And then he kind of figured out his niche. We all know what his niche is: He is just long and loud. He took a position and then started screaming and trying to force some change. He was smart to occupy a place that was really left vacant: All the private-equity funds and the banks had to get out of [doing] hostile deals, and it was left to the guys who didnât give a crap, knew how to do! it, and ! had nothing that they were compromising or putting in jeopardy by taking on those powers. Carl Icahn didnât give a fuck. Dan Loeb didnât give a fuck. I donât think anyoneâs ever said Danâs a really, really brilliant guy, but this is what the hedge-fund world allows you to be if youâre massively ambitious and youâre kind of really, really, really focused. Youâll probably get there.â
Some people think Loebâs hostile behavior may derive from feelings of insecurity. âGiven Danâs extraordinary success, his behavior can be extraordinarily odd, and coming from me that says something,â says Chapman. âIf I had to guess, he sees himself as a phenomenal filterer of other peopleâs investment ideas, and maybe thatâs the source of a behavior normally attendant on someone hopelessly insecure.â