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Tag: Corporate management

  • Super Micro Computer’s shares plunge after accounting firm resigns

    Super Micro Computer’s shares plunge after accounting firm resigns

    NEW YORK — Shares of Super Micro Computer plunged more than 30% Wednesday morning, after the server maker disclosed that Ernst & Young had resigned as its public accounting firm.

    According to a regulatory filing from Super Micro, EY resigned while conducting an audit for the tech company’s most recent fiscal year. The accounting firm communicated concerns in July over issues like transparency and internal control related to financial reporting, Wednesday’s report notes, later prompting Super Micro’s board to enlist a review.

    Additional information received during this review then led EY to raise questions about whether Super Micro “demonstrates a commitment to integrity and ethical values,” the company added, as well as transparency and oversight independent of the CEO and other management.

    The Associated Press reached out to EY for statement Wednesday. Super Micro’s regulatory filing notes that EY’s resignation letter stated, in part, that it was “no longer be able to rely” on representations from the company’s management and audit committee — and concluded it could no longer provide audit services “in accordance with applicable law or professional obligations.”

    EY sent its resignation letter last week, per Wednesday’s filing. The audit would’ve been the firm’s first on Super Micro’s behalf.

    Super Micro noted that it disagreed with EY’s resignation, but recognized the decision was final. The company added that it “has taken the concerns expressed by EY seriously” and its review is ongoing.

    The accounting firm’s resignation arrives just two months after short-selling firm Hindenburg Research released a report alleging ample accounting manipulation at Super Micro, pointing to “glaring accounting red flags” and evidence of undisclosed transactions. It also accused Super Micro of rehiring top executives that were directly involved in a 2018 scandal. At the time of August’s report, Super Micro said it would not comment “on rumors and speculation.”

    In 2020, the Securities and Exchange Commission charged Super Micro with improper accounting for “prematurely recognizing revenue and understating expenses” beginning at least as early as fiscal 2015 to 2017. The company paid a $17.5 million civil penalty.

    Super Micro has been among tech companies recently riding a the artificial intelligence wave. Despite the company’s recent plummet, shares are still up about 20% year to date.

    In August, Super Micro reported fourth-quarter revenue of $5.31 billion, a more than 143% increase over the $2.18 billion it reported in the same quarter of 2023. The company said Wednesday that it would be providing a “business update” next week regarding for the start of the 2025 fiscal year.

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  • One of the largest solar projects in the US opens in Texas, backed by Google

    One of the largest solar projects in the US opens in Texas, backed by Google

    One of the largest solar projects in the U.S. opened in Texas on Friday, backed by what Google said is the largest solar electricity purchase it has ever made.

    Google executive Ben Sloss said at the ribbon cutting, about two hours south of Dallas, that the corporation has a responsibility to bring renewable, carbon-free electricity online at the same time it opens operations that will use that power. Google expects to spend $16 billion through 2040 globally to purchase clean energy, he said.

    U.S. Energy Secretary Jennifer Granholm, who attended, said the solar project is a posterchild for the administration’s efforts to incentivize manufacturers and developers to locate energy projects in the U.S.

    “Sometimes when you are in the middle of history, it’s hard to tell, because you are in the middle of it,” she said. “But I’m telling you right now that we are in the middle of history being made.”

    SB Energy built three solar farms side by side, the “Orion Solar Belt,” in Buckholts, Texas. Combined, they will be able to provide 875 megawatts of clean energy. That is nearly the size of a typical nuclear facility. In total, Google has contracted with clean energy developers to bring more than 2,800 megawatts of new wind and solar projects to the state, which it says exceeds the amount of power required for its operations there.

    Google, Amazon and Microsoft have all recently announced investments in nuclear energy to power data centers, too, as the tech giants seek new sources of carbon-free electricity to meet surging demand from data centers and artificial intelligence. Google has a commitment to get all of its electricity without contributing to climate change, regardless of time of day or whether the sun is up, but neither it nor other large companies are meeting those commitments with the rise of artificial intelligence.

    The International Energy Agency forecasts that data centers’ total electricity consumption could reach more than 1,000 terawatt-hours in 2026, more than doubling from 2022. Estimates suggest one terawatt-hour can power 70,000 homes for a year.

    The demand for power is also growing globally as buildings and vehicles electrify. People used more electricity than ever last year, placing strain on electric grids around the world.

    In August, Google said it planned to invest more than $1 billion in Texas this year to support its cloud and data center infrastructure.

    Google will use about 85% of the project’s solar power for data centers in Ellis County and for cloud computing in the Dallas region. In Ellis County, Google operates a data center campus in Midlothian and is building out a new campus in Red Oak. The rest of the solar power will go to the state’s electrical grid. Thousands of sheep graze in the area, maintaining the vegetation around the solar arrays.

    “This project was a spreadsheet and a set of emails that I had been exchanging and a bunch of approvals and so on. And then you come over the rise over there and you see it laid out in front of you and it kind of takes your breath away, right? Because there’s this enormous field of solar arrays,” Sloss said during the ceremony. “And we actually collectively have done this. That is amazing.”

    SB Energy said most of the solar farm components are made in the United States, and that’s only possible because the climate law formally known as the Inflation Reduction Act spurred clean energy manufacturing. The company expects the projects to be the first to qualify for an extra tax credit the law affords for using domestic content.

    ___

    The Associated Press’ climate and environmental coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP’s standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org.

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  • A Massachusetts woman accused of running a high-end brothel network pleads guilty

    A Massachusetts woman accused of running a high-end brothel network pleads guilty

    BOSTON (AP) — A Massachusetts woman accused of operating a high-end brothel network with wealthy and prominent clients in that state and the Washington, D.C., suburbs pleaded guilty in federal court Friday.

    Han Lee and two others were indicted earlier this year on one count of conspiracy to persuade, entice, and coerce one or more individuals to travel in interstate or foreign commerce to engage in prostitution and one count of money laundering, according to prosecutors.

    James Lee of Torrance, California, and Junmyung Lee of Dedham, Massachusetts, also were indicted.

    Han Lee initially had entered a not guilty plea before changing her plea. She remained in custody and faces up to 25 years in prison for the two felonies.

    Han Lee, 42, entered court dressed in an orange shirt and orange pants, her black hair tied in the back. She also relied on the help of a Korean translator. Lee said she was not a U.S. citizen and had gone as far as high school in her education.

    She was told that by pleading guilty she could be deported from the country.

    Scott Lauer, a lawyer for Han Lee, said she would remain in custody after the hearing but declined to comment further. A lawyer for James Lee declined to comment. A lawyer representing Junmyung Lee said his next court appearance has been rescheduled.

    Authorities said the commercial sex ring in Massachusetts and northern Virginia catered to politicians, company executives, military officers, lawyers, professors and other well-connected clients.

    Prosecutors have not publicly named any of the buyers and they have not been charged. Acting Massachusetts U.S. Attorney Josh Levy has said prosecutors are committed to holding accountable both those who ran the scheme and those who fueled the demand.

    Some of the buyers have appealed to the highest court in Massachusetts in a bid to have their names remain private.

    At one point through a translator, Han Lee said that she didn’t control the women, but agreed that she had persuaded them to engage in interstate travel to take part in prostitution.

    The women who worked in the brothels were not identified or criminally charged and were considered victims, prosecutors said.

    Prosecutors said their evidence included witness testimony from women who worked at the brothels, sex buyers who made appointments or received services, physical surveillance and electronic evidence.

    Han Lee maintained the operation from 2020 to November 2023. The money made at the brothels was sometimes kept in the freezer to be picked up, prosecutors said. They said she also helped train Junmyung Lee to help vet sex buyers.

    The brothel operation used websites that falsely claimed to advertise nude models for professional photography, prosecutors allege. The operators rented high-end apartments to use as brothels in Watertown and Cambridge, Massachusetts, and Tysons and Fairfax, Virginia, prosecutors said. Brothels were maintained at four locations in Massachusetts and two in Virginia.

    Han Lee recruited women and maintained the websites and brothels, according to authorities, who said she paid Junmyung Lee, who was one of her employees, between $6,000 and $8,000 in cash per month in exchange for his work booking appointments for the buyers and bringing women to the brothels.

    The operators raked in hundreds of thousands of dollars through the network, where men paid from approximately $350 to upwards of $600 per hour depending on the services, according to prosecutors.

    Officials say Han Lee concealed more than $1 million in proceeds from the ring by converting the cash into money orders, among other things, to make it look legitimate.

    According to court documents, the defendants established house rules for the women during their stays in a given city to protect and maintain the secrecy of the business and ensure the women did not draw attention to the prostitution work inside apartment buildings.

    Authorities seized cash, ledgers detailing the activities of the brothels and phones believed to be used to communicate with the sex customers from their apartments, according to court papers.

    Each website described a verification process that interested sex buyers undertook to be eligible for appointment bookings, including requiring clients to complete a form providing their full names, email addresses, phone numbers, employers and references if they had one, authorities said.

    The defendants also kept local brothel phone numbers to communicate with customers; sent them a “menu” of available options at the brothel, including the women and sexual services available and the hourly rate; and texted customers directions to the brothel’s location, investigators said.

    She is next due in court for sentencing on Dec. 20.

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  • Southwest Airlines spells out changes designed to boost profit and fend off a hedge fund

    Southwest Airlines spells out changes designed to boost profit and fend off a hedge fund

    DALLAS — DALLAS (AP) — Southwest Airlines executives on Thursday unveiled their vision for Southwest 2.0, an airline that for the first time will give passengers assigned seats, charge them extra for more legroom and offer red-eye flights but bags still will fly free.

    The airline announced that it plans to end the open-boarding system it has used for more than 50 years and start flights with assigned seats during the first half of 2026 as it responds to shifting consumer tastes and tries to reverse a three-year slump in profits.

    CEO Robert Jordan and other Southwest executives outlined the future refresh during an investor meeting in Dallas where they tried to convince shareholders that they can increase revenue by winning over younger and more affluent customers.

    The moves away from Southwest’s simple business model and quirky traditions come as airline management faces pressure from activist investor Elliott Investment Management. The hedge fund blames management for Southwest’s recent underperformance compared with its closest rivals, and wants to replace Jordan and most of the Southwest board.

    Along with introducing assigned seats, the airline will make about one-third of them higher-priced premium seats with up to five inches of extra legroom. That will require removing a row of seats on some planes. Work to retrofit the fleet will start in the first half of next year and be completed by the end of 2026, executives said.

    Southwest said those moves, along with changes to its network, will add about $1.5 billion in pretax earnings in 2027.

    Before Thursday’s event started, Southwest announced a $2.5 billion share-buyback program designed to make existing shares more valuable. It also said that a third-quarter revenue ratio will rise by up to 3% instead of being between flat and down 2%.

    Shares of Southwest Airlines Co. rose 8% in midday trading.

    Southwest is trying to fend off a possible proxy fight as early as next week with Elliott, which is the airline’s second-largest shareholder.

    “We do not support the company’s current course, which is being charted in a haphazard manner by a group of executives in full self-preservation mode,” the hedge fund said this week in a letter to other shareholders.

    Jordan argued that the plan laid out Thursday should satisfy investors.

    “We do not believe that a proxy fight is in the best interest of the company, and we remain willing to work with Elliott on a cooperative approach,” he said.

    Jordan said the refresh plan had been in the works a long time. “For Elliott to call that plan rushed and haphazard, in my opinion, is inane.

    Elliott did not immediately comment on Jordan’s remarks.

    In dumping open seating, Southwest said its surveys show that 80% of its customers now want to know their seat before they get to the airport instead of having to search for open seats when they board the plane.

    As part of the switch, the airline will have four airfare tiers, each offering more convenience and comfort. Southwest officials said the premium product will appeal to business travelers.

    Southwest stopped short of changing another of its longtime characteristics: letting passengers check up to two bags for free, a break from fees that are charged by all other leading U.S. airlines. Executives said it’s the most important feature in setting Southwest apart from rivals.

    U.S. airlines brought in more than $7 billion in revenue from bag fees last year, with American and United reaping more than $1 billion apiece. Wall Street has long argued that Southwest is leaving money behind.

    Southwest, which has built years of advertising campaigns around bags-fly-free, estimated that bag fees would raise about $1.5 billion a year, but eliminating the perk could drive away passengers, costing the airline $1.8 billion, or a net loss of $300 million a year.

    Southwest has been contemplating an overhaul for months, but the push for radical change became even more important to management this summer, when Elliott Investment Management targeted the company for its dismal stock performance since early 2021.

    Company management headed into the investor day having angered an important interest group: its own workforce. The airline told employees Wednesday that it will make sharp cuts to service in Atlanta next year, resulting in the loss of 340 pilot and flight attendant positions.

    Employee unions are watching the fight between Elliott Investment Management and airline management, but they are not taking sides. “That’s between Southwest and Elliott, and we’ll see how it plays out,” Alison Head, a flight attendant and union official in Atlanta, said.

    However, the unions are concerned that more of their members could be forced to relocate or commute long distances to keep their jobs. Southwest’s chief operating officer told employees last week that the airline will have to make “difficult decisions” about its network to improve its financial performance.

    Elliott seized on that comment, saying that Southwest leaders are now “taking any action – no matter how short-sighted – that they believe will preserve their own jobs.”

    The hedge fund controlled by billionaire financier Paul Singer now owns more than 10% of Southwest shares and is the airline’s second-biggest shareholder. It wants to fireCEO Jordan and Chairman Gary Kelly and replace two-thirds of Southwest’s board. Elliott has a slate of 10 director candidates, including former airline CEOs.

    Southwest gave ground this month, when it announced that six directors will leave in November and Kelly will step down next year. On Thursday, it named And it named a former AirTran and Spirit Airlines CEO to its board.

    The airline is digging in to protect Jordan, however.

    Shawn Cole, a founding partner of executive search firm Cowen Partners, whose firm has worked for other airlines but not Southwest, believes Southwest is too insular and should follow the recent examples of Starbucks and Boeing and hire an outsider as CEO. He thinks many qualified executives would be interested in the job.

    “It would be a challenge, no doubt, but Southwest is a storied airline that a lot of people think fondly of,” Cole said. “If Boeing can do it, Southwest can do it.”

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  • Tupperware lifts the lid on its financial problems with bankruptcy filing

    Tupperware lifts the lid on its financial problems with bankruptcy filing

    NEW YORK (AP) — The company behind Tupperware, the plastic kitchenware that revolutionized food storage after World War II and became inextricably linked to the parties where women seeking a measure of financial independence and fun in midcentury America sold the colorful products, has filed for bankruptcy.

    Tupperware Brands, the Orlando, Florida-based consumer goods company that produces the iconic line of containers, said it was seeking Chapter 11 bankruptcy protection after struggling to revitalize its core business and failing to secure a tenable takeover offer.

    Despite enjoying the same cultural ubiquity as Kleenex, Teflon and other brands whose trademarked names are eponymous with entire product categories, Tupperware has suffered from waning sales, rising competition and the limitations of the direct-to-consumer marketing model that once defined its success.

    The company said Tuesday in its bankruptcy filing that consumers shifting away from direct sales, which make up the vast majority of its sales more than a quarter-century after the first Tupperware parties, has hit the storied business hard.

    The company also cited growing public health and environmental concerns about plastic, internal inefficiencies that made it challenging to operate globally, and the “challenging microeconomic environment” of the last several years for its financial straits.

    Tupperware said it planned to continue operating during the bankruptcy proceedings and would seek court approval for a sale “in order to protect” the brand.

    Tupperware’s roots date to 1946. As the company tells it, chemist Earl Tupper found inspiration while creating molds at a plastics factory. He set out on a mission to create an airtight lid seal — similar to the one on a paint can — for a plastic container to help families save money on food waste.

    The brand experienced explosive growth in the mid-20th century, particularly with the rise of direct sales through Tupperware parties. First held in 1948, the parties were promoted as a way for women to earn supplemental income by selling their friends and neighbors the lidded bowls for holding leftovers.

    The system worked so well that Tupperware eventually removed its products from stores. It also led Tupper to appoint Brownie Wise, who came up with the house party idea, as a company executive, a position that was rare for a woman at the time.

    In the decades that followed, the brand expanded to include canisters, beakers, cake dishes and all manner of implements, and became a staple in kitchens across America and eventually, abroad as well. A newspaper reporter who went undercover to work as a footman in Buckingham Palace captured pictures of the royal Tupperware on the breakfast table of Queen Elizabeth II.

    The story behind the company also showed up on TV screens and on stage, with depictions in PBS’ 2004 film “Tupperware!” and the play “Sealed for Freshness.”

    “For more than 70 years, Tupperware Brands has centered on a core purpose – to inspire women to cultivate the confidence they need to enrich their lives, nourish their families, and fuel communities around the world,” Tricia Stitzel, the company’s first female CEO, wrote as recently as 2018. “And we continue to make decisions, from our innovative products to our strategic growth strategy, which reflect this purpose.”

    In the 2000s, Tupperware also diversified beyond its containers by acquiring beauty and personal care companies, most of them direct-selling brands like Avroy Shlain, Fuller Cosmetics, NaturCare, Nutrimetics and Nuvo.

    Financial analysts, however, criticized Tupperware in recent years for sticking with the direct sales model and failing to evolve with the times, most notably the large number of women who work outside the home.

    “The reality is that the decline at Tupperware is not new,” Neil Saunders, managing director of GlobalData, said in Wednesday commentary. “It is very difficult to see how the brand can get back to its glory days.”

    The company’s sales improved some during the early days of the COVID-19 pandemic, when Americans were cooking and eating more at home. But overall sales have been in steady decline over the years due to rising competition from Rubbermaid, OXO and even takeout food containers that consumers recycle. Vintage Tupperware also remains in demand as a collectible.

    Overall, sales for food storage supplies are up 18% compared to before the pandemic, according to figures from market research firm Circana. But despite that growth – and the ongoing popularity of food storage videos on social media – the troubles for Tupperware remained.

    Saunders explained that many consumers have migrated to less expensive home storage brands they can find at Target and Walmart. Amazon, the king of online retailers, also has its own line.

    Historically, Tupperware marketed its products as higher-quality durable items. But consumers who are looking for durability are interested in more sustainable materials, such as glass and stainless steel, said Jennifer Christ, manager of consumer and commercial research for the Freedonia Group, a market research company.

    “There’s less brand loyalty than there used to be,” Christ said.

    In the past few years, Tupperware tried a few things to expand its reach and attract new customers. It started selling its products on Amazon as well as in stores at Target and Macy’s. In 2019, the brand also launched a line made with sustainable materials and expanded it two years later.

    But financial troubles continued to pile up.

    Last year, the company sought additional financing as it warned investors about its ability to stay in business and its risk of being delisted from the New York Stock Exchange.

    The company received an additional non-compliance notice from the NYSE for failing to file its annual results with the Securities and Exchange Commission earlier this year. Tupperware continued to warn about its ability to stay afloat in more recent months, with an August securities filing pointing to “significant liquidity challenges.”

    Shares for the company have fallen 75% this year.

    In Tuesday’s bankruptcy petition, Tupperware reported more than $1.2 billion in total debts and $679.5 million in total assets. It said Tupperware currently employs more than 5,450 employees across 41 countries and partners with over 465,000 consultants who sell products on a freelance basis in nearly 70 countries. Particularly in India, Tupperware was introduced as a way for women to own their own businesses.

    Many Tupperware sellers market the products online, but many also make their sales during Tupperware parties at their homes or neighborhood gatherings. In the announcement of the filing, the company maintained that there were no current changes to Tupperware’s independent sales consultant agreements.

    Tupperware also pointed to aims to “further advance Tupperware’s transformation into a digital-first, technology-led company,” possibly signaling a move toward increased reliance of sales on the brand’s website or perhaps more online-focused marketing, although the company did not provide exact specifics.

    In a statement, Tupperware President and CEO Laurie Ann Goldman acknowledged Tupperware’s recent financial struggles and said that the bankruptcy process is meant to provide “essential flexibility” as the company pursues this transformation. The brand, she maintains, isn’t going anywhere.

    “Whether you are a dedicated member of our Tupperware team, sell, cook with, or simply love our Tupperware products, you are a part of our Tupperware family,” Goldman said in a statement. “We plan to continue serving our valued customers with the high-quality products they love and trust throughout this process.”

    The company’s bankruptcy filing, though, faces opposition from Tupperware’s new lenders, who want the petition dismissed or converted it to a Chapter 7 case, which would liquidate the company. Alternatively, they’re asking the court for permission to take action against the company, which could allow them to collect debt they’re owed.

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  • Iconic Tupperware Brands seeks Chapter 11 bankruptcy

    Iconic Tupperware Brands seeks Chapter 11 bankruptcy

    NEW YORK — Tupperware Brands, the company that revolutionized food storage decades ago, has filed for Chapter 11 bankruptcy protection.

    Orlando, Florida-based Tupperware plans to continue operating during the bankruptcy proceedings and will seek court approval for a sale, “in order to protect its iconic brand,” the company said just before midnight on Tuesday.

    The company is seeking bankruptcy protection amid growing struggles to revitalize its business. Tupperware sales growth improved some during the early days of the COVID-19 pandemic, but overall sales have been in steady decline since 2018 due to rising competition. And financial troubles have continued to pile up for the company.

    Doubts around Tupperware’s future have floated around for some time. Last year, the company sought additional financing as it warned investors about its ability to stay in business and its risk of being delisted from the New York Stock Exchange.

    The company received an additional non-compliance notice from the NYSE for failing to file its annual results with the Securities and Exchange Commission earlier this year. And Tupperware had continued to warn about its ability to stay afloat in more recent months, with an August securities filing pointing to “significant liquidity challenges.”

    In Tuesday’s bankruptcy petition, Tupperware reported more than $1.2 billion in total debts and $679.5 million in total assets. Shares for the company have fallen 75% this year and closed Tuesday at about 50 cents apiece.

    “The reality is that the decline at Tupperware is not new,” Neil Saunders, managing director of GlobalData, said in Wednesday commentary. “It is very difficult to see how the brand can get back to its glory days.”

    Saunders explained that many consumers have been migrating to cheaper home storage brands — noting that competition has intensified over years, particularly with the rise of online platforms like Temu and retailers like Target also beefing up their own home storage and kichenware brands.

    Tupperware’s roots date back to 1946. According to the company’s website, shortly after the Great Depression, chemist Earl Tupper found inspiration while creating molds at a plastics factory — setting out on a mission to create an airtight seal for a plastic container, similar to that on a paint can, to help families save money on food waste.

    The brand experienced explosive growth in the mid 20th century — particularly with the rise of Tupperware parties, first held in 1948. Tupperware parties notably gave many women a chance to run their own businesses out of their homes, selling the products within social circles.

    The system worked so well that Tupperware eventually removed its products from stores. And in Tuesday’s bankruptcy announcement, the company maintained that there were no current changes to Tupperware’s independent sales consultant agreements.

    According to court documents published Tuesday, Tupperware currently employs more than 5,450 employees across 41 countries — and additionally partners with global sales force of over 465,000 consultants who sell products on a freelance basis in nearly 70 countries.

    Tuesday’s announcement also pointed to aims to “further advance Tupperware’s transformation into a digital-first, technology-led company,” possibly signaling a move toward increased reliance of sales on the brand’s website or perhaps more online-focused marketing, although the company did not provide exact specifics.

    In a statement, Tupperware President and CEO Laurie Ann Goldman acknowledged Tupperware’s recent financial struggles and said that the bankruptcy process is meant to provide “essential flexibility” as the company pursues this transformation. She also maintained that the brand wasn’t going anywhere.

    “Whether you are a dedicated member of our Tupperware team, sell, cook with, or simply love our Tupperware products, you are a part of our Tupperware family,” Goldman said in a statement. “We plan to continue serving our valued customers with the high-quality products they love and trust throughout this process.”

    Goldman, who previously served as CEO of Spanx, was appointed as Tupperware’s CEO in October 2023 — as part of larger leadership change ups. The company has appointed a new management team within the last year.

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  • Top AI business leaders meet with Biden administration to discuss the emerging industry’s needs

    Top AI business leaders meet with Biden administration to discuss the emerging industry’s needs

    WASHINGTON (AP) — Top Biden administration officials on Thursday discussed the future of artificial intelligence at a meeting with a group of executives from OpenAI, Nvidia, Microsoft and other companies. The focus was on building data centers in the United States and the infrastructure needed to develop the technology.

    White House press secretary Karine Jean-Pierre told reporters at the daily press briefing that the meeting focused on increasing public-private collaboration and the workforce and permitting needs of the industry. The computer power for the sector will likely depend on reliable access to electricity, so the utility companies Exelon and AES were also part of the meeting to discuss power grid needs.

    The emergence of AI holds a mix of promise and peril: The automatically generated text, images, audio and video could help to increase economic productivity but it also has the potential to displace some workers. It also could serve as both a national security tool and a threat to guard against.

    President Joe Biden last October signed an executive order to address the develop of the technology, seeking to establish protections through steps such as the watermarking of AI content and addressing consumer rights issues.

    Attending the meeting for the administration were White House chief of staff Jeff Zients, National Economic Council Director Lael Brainard, national security adviser Jake Sullivan, deputy chief of staff Bruce Reed, Commerce Secretary Gina Raimondo and Energy Secretary Jennifer Granholm, among others.

    Nvidia CEO Jensen Huang, OpenAI CEO Sam Altman, Alphabet President and Chief Investment Officer Ruth Porat, Meta Chief Operating Officer Javier Olivan, and Microsoft President and Vice Chairman Brad Smith were among the corporate attendees.

    Matt Garman, the CEO of AWS, a subsidiary of Amazon, also attended. The company said in a statement that attendees discussed modernizing the nation’s utility grid, expediting permits for new projects and ensuring that carbon-free energy projects are integrated into the grid.

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  • Trump closing in on being able to sell his shares of Truth Social’s parent company. But will he?

    Trump closing in on being able to sell his shares of Truth Social’s parent company. But will he?

    Shares of Trump Media & Technology fell more than 10% Wednesday following last night’s debate between Donald Trump and Vice President Kamala Harris.

    The former president can start selling shares of Truth Social’s parent company next week starting on Sept. 19 when a lockup provision ends, if he chooses to do so. That’s because the lockup provision prevented company insiders from selling newly issued shares for six months.

    Trump owns nearly 115 million shares of the company, according to a recent filing with the Securities and Exchange Commission. Based on Tuesday’s closing price of $18.04, Trump’s shares are worth approximately $2 billion.

    The question remains if Trump will decide to sell any of his shares. Even though he’d be certain to receive a sizeable payout, the stock is now worth considerably less than it was valued at several months ago. When Truth Social & Technology Group Corp. made its debut on the Nasdaq in March, it hit a high of $79.38.

    The stock closed Wednesday down $1.95 at $16.68 but above the day’s low of $15.30. The decline also came after Taylor Swift endorsed Harris for president shortly after the debate ended.

    Trump Media runs the social media platform Truth Social, which Trump created after he was banned from Twitter and Facebook following the Jan. 6, 2021, Capitol riot. Based in Sarasota, Florida, the company has been losing money and struggling to raise revenue. It lost nearly $58.2 million last year while generating only $4.1 million in revenue, according to regulatory filings.

    Shares of Trump Media have been considered a meme stock by some market experts, which is a nickname given to stocks that get caught up in buzz online and shoot way beyond what traditional analysis says they’re worth. The stock has fluctuated for the past several months, with trading largely driven by individual investors who are typically considered less sophisticated than day traders.

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  • European business confidence in China is at an all-time low, report says

    European business confidence in China is at an all-time low, report says

    HONG KONG — China must reprioritize economic growth and reforms and boost investor confidence by leveling the playing field for all companies in the country, a European business group said Wednesday.

    With “business confidence now at an all-time low” over lagging domestic demand and overcapacity in certain industries, the annual European Business in China Position Paper called on China to open its economy and allow a more free market to determine resource allocation. It also recommended introducing policies to boost domestic demand.

    Profit margins in China are at or below the global average for two-thirds of the companies surveyed earlier in the year, according to the paper published Wednesday by the European Chamber of Commerce in China.

    In August, China filed a complaint with the World Trade Organization over European Union tariffs on electric vehicles made in China. It also launched anti-dumping and subsidies investigations of European dairy products, brandy and pork exports. The tit-for-tat actions have raised fears that a trade war may break out.

    Many European businesses are deciding that the returns on investments in the world’s second-largest economy are not worth the risks, due to issues including China’s economic slowdown and a politicized business environment.

    “For some European headquarters and shareholders, the risks of investing in China are beginning to outright the returns, a trend that will only intensify if key business concerns are left unaddressed,” Jens Eskelund, president of China’s European Union Chamber of Commerce, said in a message at the beginning of the paper.

    The European Chamber’s paper proposes over 1,000 recommendations for China to resolve challenges and problems faced by European businesses operating in the country and boost investor confidence. Among them are calls for China to refrain from punishing companies for the actions of their home governments. Others include ensuring that policy packages for attracting foreign investment are followed by implementation, and refraining from “erratic policy shifts.”

    The report also recommended that the EU proactively engage with China and keep its responses “measured and proportionate” when disagreements arise.

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  • Waffle House CEO Walt Ehmer has died at age 58

    Waffle House CEO Walt Ehmer has died at age 58

    Walt Ehmer, the president and CEO of Waffle House and a member of the board of trustees for the Atlanta Police Foundation, has died at age 58

    ATLANTA — Walt Ehmer, the president and CEO of Waffle House and a member of the board of trustees for the Atlanta Police Foundation, has died at age 58, the foundation announced Sunday.

    Ehmer joined Waffle House in 1992 and quickly rose to senior leadership, becoming president of the company in 2002, and later adding the titles of CEO and chairman, according to information from Georgia Tech University, his alma mater.

    “His leadership, dedication and warmth touched the lives of many, both within the Waffle House family and beyond. He leaves behind a remarkable legacy,” Mayor Andre Dickens said in a news release.

    The board of directors for Waffle House issued a statement Sunday afternoon saying Ehmer died after a long illness. “He will be greatly missed by his entire Waffle House family,” the statement said.

    Ehmer was chair of the Georgia Tech Alumni Association Board of Trustees from 2012 to 2013 and served numerous organizations, including the Georgia Tech Foundation Board and the Georgia Tech Advisory Board.

    The Waffle House chain of around-the-clock diners opened in 1955 and now boasts more than 1,900 locations in 25 states.

    Ehmer is survived by three children, according to The Atlanta Journal-Constitution.

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  • Military shipbuilder Austal says investigation settlement in best interest of company

    Military shipbuilder Austal says investigation settlement in best interest of company

    MOBILE, Ala. (AP) — Executives with military shipbuilder Austal said settling an accounting fraud investigation, which included an agreement to pay a $24 million penalty, is the best outcome for the company and that new controls are in place.

    Austal USA, a subsidiary of Australia-based Austal Limited, pleaded guilty to one count of securities fraud and one count of obstruction of a federal audit to settle an accounting fraud case. Austal USA agreed to pay a penalty of $24 million, according to the U.S. Justice Department.

    Restitution will also be paid to Austal shareholders. However, the restitution will be paid from the penalty, so the company will pay a total of $24 million.

    “Settling this action is the best outcome for Austal. Upon learning of this issue, Austal conducted its own independent investigation. The responsible individuals are no longer with the Company, and we have made numerous governance changes to prevent similar issues from occurring again,” John Rothwell, the former chairman of Austal Limited who now serves as non-executive director of the board, said in a statement issued by the company.

    Austal builds littoral combat ships that are designed to operate in shallow coastal waters.

    “The investigations focused on conduct that occurred over 8 years ago, and with a large order book of work ahead of us, we need to concentrate on the future — not the past,” Rothwell added.

    The Justice Department said that from 2013 through July 2016, Austal USA misled shareholders and investors about the company’s financial condition. The Justice Department said Austal USA artificially lowered cost estimates, despite rising shipbuilding costs, to meet its revenue budget and projections. That had the impact of falsely overstating Austal USA’s profitability on the ships and Austal Limited’s earnings reported in its public financial statements.

    The U.S. Securities and Exchange Commission will handle the distribution of funds to harmed investors, the Justice Department said.

    Austal USA has also agreed to retain an independent compliance monitor for three years and implement a compliance and ethics program.

    Three former Austal USA executives were indicted last year on accounting fraud charges. They are awaiting trial.

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  • CrowdStrike estimates the tech meltdown caused by its bungling left a $60 million dent in its sales

    CrowdStrike estimates the tech meltdown caused by its bungling left a $60 million dent in its sales

    Cybersecurity specialist CrowdStrike Holdings on Wednesday estimated it absorbed a roughly $60 million blow to its sales pipeline last month after its botched handling of a software update triggered a technology meltdown that stranded thousands of people in airports in addition to other exasperating disruptions.

    Although the massive outage spooked customers that had been expected to close deals totaling $60 million during the final few weeks of CrowdStrike’s fiscal second quarter, executives running the Austin, Texas, company predicted it will still be able to cinch those contracts before its fiscal year ends in January 2025 because customers still have faith in its cybersecurity products despite the July 19 gaffe that froze up machines running on Windows software.

    “Our mission is alive and well, and I know that CrowdStrike’s very best days are ahead of us,” CrowdStrike CEO George Kurtz told analysts during a conference call covering the company’s April-July period. He also apologized for the company’s role in an outage that he said “will never be lost on me, and my commitment is to make sure this never happens again. The days following the incident were among the most challenging in my career because I deeply felt what our customers experienced.”

    Kurtz’s reassuring comments, coupled with quarterly earnings that exceeded analysts’ projections, seemed to reassure investors who have been buying up CrowdStrike’s stock in recent weeks after initially dumping the shares in the wake of the havoc that the company blamed on a computer bug. The shares rose slightly in Wednesday’s extended trading, leaving the stock price 13% below its level before the tech outage — a loss of about $10 billion in market value. Earlier this month, CrowdStrike’s shares plunged nearly 25%, knocking off more than $20 billion in market value.

    Even if the $60 million in deals that CrowdStrike expected to close before the tech meltdown never happen, that will be a minor price to pay compared to the massive bills those affected by the outage are facing.

    Delta Air Lines, for instance, has estimated that it may owe its customers $380 million after the CrowdStrike-induced outage fouled up its computer systems so horribly that it had to cancel about 7,000 flights. Delta has threatened to sue CrowdStrike, which has insisted that the airline is using the tech outage as an excuse for its own bungling.

    CrowdStrike didn’t provide an estimate of legal expenses it may face from the outage, but indicated the bills probably won’t be too burdensome.

    “Our customer agreements contain provisions limiting our liability, and we maintain insurance policies intended to mitigate the potential impact of certain claims,” Burt Podbere, CrowdStrike’s chief financial officer, said during Wednesday’s conference call.

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  • A top Delta executive is leaving weeks after the airline’s slow response to tech outage

    A top Delta executive is leaving weeks after the airline’s slow response to tech outage

    Delta Air Lines said Friday that its chief operating officer will leave the company next week after a little more than a year in the airline business to take another job.

    The departure of Michael Spanos comes a few weeks after Delta canceled thousands of flights during a botched recovery from a global technology outage,

    Spanos spent most of his career at PepsiCo and the Pepsi Bottling Group and was CEO of amusement-park operator Six Flags Entertainment before joining Delta in June 2023. He is one of three executive vice presidents of the Atlanta-based airline.

    In a regulatory filing, Delta gave no reason for Spanos’ departure — only that he would receive severance benefits that he is due under the company’s plan for officers and directors. Spanos received compensation valued at $8.6 million last year, mostly in stock awards.

    CEO Ed Bastian said in a note to employees that Spanos told him “earlier this summer” he was considering leaving Delta. A spokesperson said this happened before the technology outage.

    Bastian wrote that Spanos will move in September to another company, which he did not identify. The CEO credited Spanos with improving Delta’s performance, and added that Delta will not name a new chief operating officer.

    Chief operating officers typically run the day-to-day affairs of a company and report directly to the CEO. They are often considered the second-ranking executive, but at Delta, President Glen Hauenstein is generally seen as playing that role.

    Delta was hit harder than any other U.S. carrier by last month’s technology outage that started with a faulty upgrade from cybersecurity-software provider CrowdStrike to computers running on Microsoft Windows.

    Other airlines recovered within a couple days, but Delta canceled about 7,000 flights over five days as it struggled to reposition crews and match them with planes.

    The U.S. Transportation Department is investigating the meltdown, and Delta is pursuing $500 million in damages from CrowdStrike and Microsoft. The tech companies say Delta refused help and made misleading claims.

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  • Bloomberg apologizes for premature story on prisoner swap and disciplines the journalists involved

    Bloomberg apologizes for premature story on prisoner swap and disciplines the journalists involved

    Bloomberg News apologized and disciplined employees on Monday for prematurely publishing a story last week that revealed a prisoner exchange involving the United States and Russia that led to the release of detained American journalist Evan Gershkovich.

    Bloomberg’s story, released before the prisoners had actually been freed, violated the company’s ethical standards, John Micklethwait, Bloomberg’s editor-in-chief, said in a memo to his staff.

    The company would not say how many employees were disciplined and would not identify them. The story carried the bylines of Jennifer Jacobs, senior White House reporter for Bloomberg News, and Cagan Koc, Amsterdam bureau chief.

    “We take accuracy very seriously,” Micklethwait said in the memo. “But we also have a responsibility to do the right thing. In this case we didn’t.”

    Besides Wall Street Journal reporter Gershkovich, the exchange freed Paul Whelan, a Michigan corporate security executive jailed since 2018, and Alsu Kurmasheva, a journalist with dual U.S.-Russia citizenship. In return, the U.S. and other countries gave up Russians who had been charged or convicted of serious crimes.

    Gershkovich’s imprisonment on espionage charges that his family and newspaper denied attracted particular attention in the journalism community, and the Journal campaigned vigorously for his release. Word of the deal had begun to spread among people familiar with the cases and the White House briefed reporters about it on an embargoed basis — meaning the journalists agreed not to release the information until given an official go-ahead.

    Officials wanted to keep the news under wraps until the prisoners were safely released into U.S. custody for fear that public knowledge could scuttle the deal, and the Bloomberg story was published while a plane carrying them was flying to a drop-off point.

    “This was not about a broken embargo,” The Wall Street Journal said in a statement Monday. “It was a report that Evan had been freed when in fact he had not yet been. We’re happy that Bloomberg corrected it.”

    Jacobs, in a statement issued on X, said that at no time did she do anything inconsistent with the embargo or that knowingly would put anyone at risk. She also noted that reporters don’t have the final say over when a story is published or with what headline.

    “As a journalist, the idea that I would jeopardize the safety of a fellow reporter is deeply upsetting on a level that’s difficult to describe,” Jacobs said. “I am so happy that Evan Gershkovich and the others are home.”

    The initial Bloomberg story, which moved at 7:41 a.m. on Thursday, said that Russia was releasing Gershkovich and Whelan as part of a major prison swap, “according to people familiar with the situation.” It was updated more than an hour later to say that the prisoners had not yet been released.

    The White House officially lifted its embargo at 11:33 a.m.

    Bloomberg’s story put pressure on other news outlets to try to match it through other sources, without breaking the terms of the embargo agreements. The Associated Press, for example, sent an alert at 10:41 a.m. that Gershkovich and Whelan were being freed, quoting Turkish officials.

    Shortly after the initial story moved, a Bloomberg editor wrote on X that “it is one of the greatest honors on my career to have helped break this news. I love my job and my colleagues,” according to New York magazine. That post didn’t sit well with other journalists who were aware of what was going on but were constrained from reporting it.

    Micklethwait said he had apologized to Wall Street Journal editor Emma Tucker on Thursday, which the Journal confirmed. “Given the Wall Street Journal’s tireless efforts on their reporter’s behalf, this was clearly their story to lead the way on,” he said.

    He said he was also writing personally to each of the freed prisoners to apologize.

    Wall Street Journal reporter Dustin Volz, who covers the intelligence world, thanked Bloomberg for the apology in a post on X.

    “Their premature story on Thursday caused a lot of people to panic and could have led to real harm,” Volz wrote. “It didn’t, thankfully, but it’s nice to see them own the mistake.”

    ___

    David Bauder writes about media for the AP. Follow him at http://twitter.com/dbauder.

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  • Boeing names its next CEO while posting a quarterly loss of more than $1.4 billion

    Boeing names its next CEO while posting a quarterly loss of more than $1.4 billion

    Boeing named an aerospace industry veteran with a background in mechanical engineering as its next chief executive Wednesday, looking to open a new chapter at a company rocked by legal, regulatory and production problems and mounting financial repercussions.

    Robert “Kelly” Ortberg, a former CEO at aerospace manufacturer Rockwell Collins, will succeed David Calhoun as CEO and president effective Aug. 8, the company said. Calhoun said in March that he would retire at the end of the year, and analysts generally praised the quicker transition.

    “There is much work to be done, and I’m looking forward to getting started,” Ortberg said in a statement issued by Boeing.

    Boeing announced its new CEO as it reported a loss of more than $1.4 billion on falling revenue during the second quarter. The loss was wider and the company’s revenue lower than Wall Street’s dismal expectations, as both Boeing’s commercial-airplanes business and defense unit lost money.

    The disappointing results came at a tumultuous time for Boeing, which is the subject of multiple investigations into its safety culture and manufacturing quality.

    The American aerospace giant agreed to plead guilty this month to a federal fraud charge in connection with its 737 Max jetliner and two crashes that killed 346 people. The Federal Aviation Administration increased its oversight of the company and limited the number of planes it could produce after a panel blew off an Alaska Airlines Max flying at an altitude of 16,000 feet. No one was seriously hurt, but the frightening incident and subsequent scrutiny have damaged Boeing’s reputation.

    Boeing Chairman Steven Mollenkopf said Ortberg was chosen after a “thorough and extensive search process” and “has the right skills and experience to lead Boeing in its next chapter.” Ortberg has earned a reputation for running complex engineering and manufacturing companies, Mollenkopf said.

    Calhoun, who said he wasn’t involved in the hiring decision, is expected to serve as a special adviser to Boeing’s board of directors until next March. He suggested that Ortberg would support Boeing’s current executives instead of bringing in his own team.

    “I don’t think he’s coming in with a notion to want to change a lot of folks,” Calhoun said on a call with analysts. “He knows full well we’re in recovery mode, and he knows full well that we’ve got to complete the recovery mode and we’ve got to get this thing stable and move forward.”

    Ortberg plans to be based in Seattle, according to a person familiar with the decision who was not authorized to discuss the situation publicly. That would put him in closer contact with Boeing factories that produce several of its planes, notably the 737 Max.

    Boeing was founded in Seattle but moved to Chicago in 2001 and then, to be closer to government officials and regulators, the headquarters moved to the Virginia suburbs of Washington, D.C., in 2022.

    Ortberg emerged as a leading candidate only recently. Others who were reportedly considered for the job included Patrick Shanahan, a former Boeing executive and now CEO of its most important supplier, Spirit AeroSystems, and another longtime Boeing executive, Stephanie Pope, who recently took over the commercial airplanes division.

    Ortberg led Rockwell Collins from 2013 to 2018. The company, which developed electronics and other equipment for commercial and military planes, then merged with United Technologies and wound up as part of RTX, formerly known as Raytheon. He retired from RTX in 2021.

    Richard Aboulafia, a longtime aerospace analyst and consultant and recently a harsh critic of the company, said the hire is great news for Boeing.

    “He is a deeply respected leader in the aerospace industry, and brings more hope for a better future than the company has enjoyed in decades,” Aboulafia said.

    Ortberg, who has a background in both commercial and defense aerospace, “was probably on a relatively short list of people that are qualified to take on this challenge,” Jeff Windau, an analyst for financial advising company Edward Jones, said.

    The new CEO’s first task, Windau said, will be working with the FAA to help Boeing reach its goal of increasing production of Max jets.

    The company waived the mandatory retirement age of 65 for Ortberg, a spokesperson said. Boeing did the same for Calhoun days after he turned 64 in 2021.

    Like Calhoun, who took over as CEO in the wake of the two Max crashes, Ortberg inherits the leadership of a company facing ongoing crises and criticism from inside and outside the company.

    Boeing, based in Arlington, Virginia, is pushing back against whistleblower allegations of manufacturing shortcuts that crimp on safety. It is dealing with supply-chain problems that are hindering production, which it hopes to fix in part by re-acquiring Spirit AeroSystems, a key contractor. It faces a threatened strike this fall by its largest union, the International Association of Machinists.

    The company is still trying to persuade regulators to approve two new models of the Max and a bigger version of its two-aisle 777 jetliner. And it faces a multi-billion-dollar decision on when to design a new single-aisle plane to replace the Max.

    Its reputation took another hit recently when thruster failures and helium leaks on Boeing’s new Starliner capsule prompted NASA and Boeing to keep two astronauts at the International Space Station until engineers finish working on the problems.

    The quarterly earnings reported Wednesday reflected the scope of Boeing’s challenges. The reported loss of $1.44 billion for the second quarter compared with a loss of $149 million a year earlier. Since the start of 2019, Boeing has lost more than $25 billion.

    Excluding special items, the second-quarter loss worked out to $2.90 per share. Analysts expected a loss of $1.90 per share, according to a FactSet survey.

    Revenue dropped 15%, to $16.87 billion, falling short of Wall Street’s average forecast of $17.35 billion. The commercial airplanes division had an operating loss of $715 million, and revenue plunged 32% as Boeing delivered fewer passenger jets to airlines — 92 planes, compared with 136 a year earlier.

    The FAA limited Boeing’s production of Max jetliners shortly after the Alaska Airlines incident, but Boeing hasn’t even hit the FAA limits as it seeks to fix its manufacturing process. The company said Wednesday that it is sticking with its plans to boost production of the Max to 38 per month by year end.

    Boeing took a charge of $244 million to cover a fine it agreed to pay as part of its plea deal with the Justice Department in connection with development of the Max. A federal judge in Texas will soon consider whether to approve the agreement, which also calls for the appointment of an independent compliance monitor and for Boeing to invest at least $455 million “in its compliance, quality, and safety programs.”

    Many families of the people who died in the two Max crashes, which took place off the coast of Indonesia in 2018 and in Ethiopia less than five months later, oppose the deal and plan to ask the judge to reject it.

    Boeing’s defense and space unit lost $913 million because of $1 billion in setbacks to four fixed-price government contracts, including a deal to build two new Air Force One presidential jets. The smaller services business earned $870 million.

    Boeing shares rose 4% in afternoon trading.

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  • Parent company of Saks Fifth Avenue to buy rival Neiman Marcus

    Parent company of Saks Fifth Avenue to buy rival Neiman Marcus

    NEW YORK — The parent company of Saks Fifth Avenue has signed a deal to buy upscale rival Neiman Marcus Group, which owns Neiman Marcus and Bergdorf Goodman stores, for $2.65 billion, with online behemoth Amazon holding a minority stake.

    The new entity would be called Saks Global, which will comprise the Saks Fifth Avenue and Saks OFF 5TH brands, Neiman Marcus and Bergdorf Goodman, as well as the real estate assets of Neiman Marcus Group and HBC, a holding company that purchased Saks in 2013.

    HBC has secured $1.15 billion in financing from investment funds and accounts managed by affiliates of Apollo, and a $2 billion fully committed revolving asset based loan facility from Bank of America, which is the lead underwriter, Citigroup, Morgan Stanley, RBC Capital Markets, and Wells Fargo.

    The deal comes after months of rumors that the department store chains had been negotiating a deal. But the twist is Amazon’s minority stake, which adds “a bit of spice” to an otherwise anticipated pact, according to Neil Saunders, managing director of GlobalData, a research firm. Salesforce, a cloud-based software powerhouse, will also become an investor at closing.

    The pact was announced Thursday after months of rumors that the department store chains had been negotiating a deal.

    The Wall Street Journal first reported the impending deal Wednesday.

    “For years, many in the industry have anticipated this transaction and the benefits it would drive for customers, partners and employees,” said Richard Baker, HBC executive chairman and CEO in a statement. “This is an exciting time in luxury retail, with technological advancements creating new opportunities to redefine the customer experience, and we look forward to unlocking significant value for our customers, brand partners and employees.”

    Both Saks and Neiman Marcus have struggled as shoppers have been pulling back on buying high-end goods and shifting their spending toward experiences, like travel and upscale restaurants. The two iconic luxury purveyors have also faced stiffer competition from luxury brands, which are increasingly opening their own stores. The deal should help reduce operating costs and create more negotiating power with vendors.

    Saks Fifth Avenue currently operates 39 stores in the U.S., including its Manhattan flagship. In early 2021, Saks spun off its website into a separate company, with the hopes of expanding that business at a time when more people were shopping online.

    Current Saks.com CEO Marc Metrick will become CEO of Saks Global, leading Saks Global’s retail and consumer businesses and driving the strategy to improve the luxury shopping experience.

    Neiman Marcus filed for bankruptcy protection in May 2020 during the first months of the coronavirus pandemic but emerged in September of that year. Like many of its peers, the privately held department store chain was forced to temporarily close its stores for several months.

    Meanwhile, other department stores are under pressure to keep increasing sales.

    Storied Lord & Taylor announced in late August 2020 it was closing all its stores after filing for bankruptcy earlier that month. It’s operating online. Macy’s announced in February of this year that it will close 150 unproductive namesake stores over the next three years including 50 by year-end.

    Consumers have proven resilient and willing to shop even after a bout of inflation, though behaviors have shifted, with some Americans trading down to lower-priced goods.

    A deal between the two luxury retailers does not resolve all the issues, especially when high-end shoppers are looking to buy luxury goods online or at luxury brands’ own stores, Saunders said.

    “As a larger entity, negotiating power will be a little better with the brands, but even a combined chain would not match the heft and power of the global luxury conglomerates, which would still hold most of the cards,” Saunders said. “As such, there is a risk that the deal might end up creating an even bigger headache for Saks.”

    Saunders noted that Amazon’s stake in the business makes sense, as it has ambitions to play more heavily in the luxury arena. The release noted that Amazon will work with Saks Global in innovating the shopping experience. Saunders said Amazon could use its ability to streamline logistics and e-commerce and create an advantage for the new entity in a market where online shopping has become more important to shoppers — especially younger ones, which both chains need to do more to attract, he said.

    Saks Global will also include HBC’s U.S. real estate assets and Neiman Marcus Group’s real estate assets, creating a $7 billion portfolio of retail real estate assets in top-tier luxury shopping destinations. Ian Putnam, currently president and CEO of HBC Properties and Investments, will become CEO of Saks Global Properties and Investments, which will manage the company’s portfolio of assets.

    Both Metrick and Putnam will report to Mr. Baker, who will serve as executive chairman of Saks Global.

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  • Southwest Air adopts ‘poison pill’ as activist investor Elliott takes significant stake in company

    Southwest Air adopts ‘poison pill’ as activist investor Elliott takes significant stake in company

    Southwest Airlines has adopted a ‘poison pill’ following activist investor Elliott Investment Management taking a significant stake in the company.

    The airline said Wednesday that the shareholder rights plan is effective immediately and expires in a year. Southwest shareholders would need to give prior approval for an extension.

    Shareholder rights plans, or “poison pills,” allow existing shareholders to acquire shares at a discounted rate to discourage a takeover by an outside entity. Southwest’s plan is triggered when a shareholder acquires 12.5% of more of its common stock, which would let all other shareholders buy stock at a 50% discount.

    Southwest said that it adopted the rights plans due to several concerns, including Elliott’s approximately 11% stake in the company and the flexibility that the firm has to acquire a significantly greater percentage of Southwest’s voting power across two of its funds starting as early as July 11.

    “In light of the potential for Elliott to significantly increase its position in Southwest Airlines, the board determined that adopting the rights plan is prudent to fulfill its fiduciary duties to all shareholders,” Southwest Chairman Gary Kelly said in a statement. “Southwest Airlines has made a good faith effort to engage constructively with Elliott Investment Management since its initial investment and remains open to any ideas for lasting value creation.”

    Last month it was disclosed that Elliott bought a $1.9 billion stake in Southwest and was looking to force out the CEO of the airline, which has struggled with operational and financial problems.

    Elliott, in a letter to Southwest’s board, then said that Southwest’s stock price has dropped more than 50% in the last three years. The firm also criticized the airline, saying it has failed to evolve, hurting its ability to compete with other carriers. Elliott blamed the Dallas-based company’s massive flight cancellations in December 2022 on what it described as the airline’s outdated software and operational processes.

    Elliott is looking for executives from outside the company to replace CEO Robert Jordan and Kelly, and for “significant” changes on the board, including new independent directors with experience at other airlines.

    Southwest has said that it remains confident in Jordan and its management and their ability to drive long-term value for shareholders. For his part, Jordan has said that he won’t resign and that in September his leadership team will present a plan to boost the airline’s financial performance.

    In premarket trading, Southwest shares added 7 cents to $28.36.

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  • $2 billion Baltimore bridge rebuild is test case for new national debate over infrastructure spending

    $2 billion Baltimore bridge rebuild is test case for new national debate over infrastructure spending

    In an aerial view, the remains of the Francis Scott Key Bridge are seen as salvage crews continue to work to clean up the wreckage after the bridge collapsed in the Patapsco River on June 11, 2024 in Baltimore, Maryland. 

    Kevin Dietsch | Getty Images

    Three months after Baltimore’s Francis Scott Key Bridge collapsed – killing six people, shutting a major port and disrupting vehicle traffic along the Eastern Seaboard — local, state and federal officials began a massive effort to make the best out of an unimaginable situation.

    “We’re working with construction companies and designers, and working with the people of our state, to think about what is it that we hope for this almost two-mile long bridge,” Maryland Governor Wes Moore told CNBC.

    The process passed a major milestone last week when crews managed to reopen the main navigation channel to the Port of Baltimore, the nation’s largest port for vehicles. That process alone was initially forecasted to take up to a year.

    “It didn’t take 11 months. We got it done in 11 weeks, because we work together,” Moore said.

    But now, in many ways, comes the hard part. Officials hope to use the disaster as a chance to reconsider all the infrastructure in the region.

    “This is going to be an important opportunity for our state to look at all of our infrastructure, our roads, our bridges, our tunnels. You know, our critical infrastructure is imperative for our economic growth and development,” Moore said.

    Reimagining how to rebuild a bridge

    Some of that planning is already underway. Last month, the Maryland Transportation Authority issued its first request for proposals to rebuild the bridge. The plan is to use what officials call a “Progressive Design-Build Approach,” in which the design and construction firms are hired at the same time and work together throughout the process. This efficiency could allow a new bridge to be built in just four years — breakneck speed for a project expected to cost upward of $2 billion. The Maryland Transportation Authority is expected to choose the firms this summer.

    U.S. Transportation Secretary Pete Buttigieg told CNBC the new bridge will be far better than the old one that opened in 1977.

    “We know things that we didn’t know in the 1970s, about how to put up a bridge,” Buttigieg said. “Nobody wanted to be here through this tragic catastrophe that happened. But it does bring an opportunity, and I would say, responsibility, to get things right for the future.”

    Transportation planners have also begun a series of community meetings to gain public input. At a virtual meeting on June 11, questions included whether the new bridge — like the old one — will be a toll bridge (that is the plan) and whether the new bridge will be wider than the old, four-lane structure (no).

    As the process continues, officials have promised an “engagement tour” to get public input.

    The city of Baltimore, meanwhile, hopes to speed up funding for the already-planned reconstruction of the Hanover Street Bridge over the Patapsco River, which has emerged as a key alternate route for travelers who formerly used the Key Bridge.

    A microcosm of the national infrastructure push

    The situation in Baltimore is a vastly sped-up version of processes underway in states and cities across the country, said Buttigieg, who is overseeing some 54,000 projects nationwide funded by the Bipartisan Infrastructure Law passed in 2021.

    “We have funding that goes to projects that come from every state, city, airport authority or transit agency, you can think of,” he said.

    While Buttigieg acknowledged that some of the demand is a result of the huge amount of money being made available — $550 billion in transportation and infrastructure funding over five years — it is also a reflection of the need.

    “To me, it indicates just how much work there is to do in this country,” he said. “We were reminded as a country the hard way how important our infrastructure is, because of the pressures we experienced at the beginning of this decade with Covid. We saw what happens if our supply chains come under strain.”

    New economic development battleground

    Companies seeking to capitalize on the drive — and incentives — to rebuild damaged domestic supply chains are looking for states and localities that have proper infrastructure in place, said site selection consultant John Boyd, Jr., of The Boyd Company. This may help explain why infrastructure has become such a hot topic in the world of United States economic development.

    “Site readiness is a key component when we think about what distinguishes one market versus another, and it very often is such a critical factor, it could tip the scales for a project towards an overall less business-friendly state, if they have a certified site that’s ready to go,” he said.

    A CNBC analysis of all 50 states’ economic development marketing materials shows that infrastructure is the most mentioned attribute by states marketing to attract companies. As a result, Infrastructure is the top-weighted category in CNBC’s annual state competitiveness rankings, America’s Top States for Business.

    Experts say the emphasis on infrastructure will likely stick around for a while.

    “It’s not easy to build out electrical or water or gas or wastewater infrastructure. Those things take time and money,” said Seth Martindale, chairman of the Site Selectors Guild, which supplied some of the data for the CNBC study. “I think it’s going to be five-plus, 10-plus years before we really get it to a point where we feel good about it.”

    Buttigieg noted that the Bipartisan Infrastructure Law is already halfway through its five-year lifespan, with plenty of needs remaining.

    “I think it’s not too soon to start thinking and talking about what the next five-year package ought to look like,” Buttigieg said, referencing the future of U.S. infrastructure.

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  • Gamestop shares slump following annual shareholder meeting

    Gamestop shares slump following annual shareholder meeting

    NEW YORK — NEW YORK (AP) — Gamestop’s CEO Ryan Cohen said the struggling video game retailer will focus on cutting costs and long-term profitability in an annual shareholder meeting Monday.

    Cohen added this would involve a “smaller network of stores” — suggesting that more store closures could be in sight. No further details of reductions were immediately provided.

    “We are focused on building shareholder value over the long term,” Cohen said in short opening remarks at the top of the call. “We are not here to make promises or hype things up, we are here to work.

    Shares for Gamestop were down more than 12% following Monday’s meeting.

    Gamestop’s annual shareholder meeting was originally slated for Thursday — but was postponed after a technical issue resulted in many eager investors being unable to log on to the livestream. A spokesperson for Computershare, the company hosting the webcast, pointed to “unprecedented demand.”

    That only appeared to fuel anticipation in what the Grapevine, Texas-based company’s leadership had to say. Scores of people took to social media over the weekend and early Monday to post about the upcoming meeting, adding to the buzz.

    At the center of the meme stock craze, Gamestop saw a resurgence last month after Keith Gill, better known as “Roaring Kitty,” came back online for the first time in three years.

    All eyes have been on whether Gamestop can make a comeback. Roaring Kitty returned to YouTube earlier this month, to tell his hordes of followers that he still believes GameStop’s management team can turn the struggling company around following a disappointing earnings report.

    There’s a long way to go. Gamestop managed to narrow its losses in the first quarter, but its revenue fell as sales weakened for hardware and accessories, software and collectibles. Last week, GameStop also filed paperwork with securities regulators to sell up to 75 million shares of stock to raise proceeds of nearly $2.14 billion.

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  • With its top editor abruptly gone, The Washington Post grapples with a hastily announced restructure

    With its top editor abruptly gone, The Washington Post grapples with a hastily announced restructure

    NEW YORK — The struggling Washington Post found itself in some turmoil on Monday following the abrupt departure of the newspaper’s executive editor and a hastily announced restructuring plan aimed at stopping an exodus of readers over the past few years.

    Post publisher Will Lewis and Matt Murray, a former Wall Street Journal editor named to temporarily replace Sally Buzbee, met with reporters and editors at the Post on Monday to explain changes that had been outlined in a Sunday night email.

    The plan includes splitting the newsroom into three separate divisions with managers who report to Lewis — one that encompasses the Post’s core news reporting, one with opinion pieces and the third devoted to attracting new consumers through innovative uses of social media, video, artificial intelligence and sales.

    Although Murray is temporarily replacing Buzbee through the November presidential election, the eventual plan places no one in the role of an executive editor who oversees the entire newsroom. Buzbee was said to disagree with the plan and chose to leave rather than be put in charge of one of the divisions, the Post reported.

    Lewis was not made available for an interview Monday, and Buzbee did not immediately return a message.

    “It definitely kind of blindsided people,” said Paul Farhi, a recently retired media reporter at the Post. “But it shows you that Will Lewis is working out of a sense of crisis and urgency. He’s only been there five months and he’s making gigantic changes to the newsroom.”

    Like most news organizations, the Post has lost readers — a decline more acute because the Washington-based outlet boomed with the interest in politics during the Trump administration. The Post’s website had 101 million unique visitors a month in 2020, and had dropped to 50 million at the end of 2023. The Post lost a reported $77 million last year.

    “Although (Post owner) Jeff Bezos is very rich, it has been my observation that billionaires don’t like to lose money,” said Margaret Sullivan, a former Post columnist and now the executive director for the Craig Newmark Center for Journalism Ethics and Security at the Columbia Journalism School.

    Lewis told staff members on Monday that “I’m not interested in managing decline. I’m interested in growth,” according to a person who attended the meeting. The new publisher also bluntly told staffers that “people are not reading your stuff. We need to take decisive action.”

    The new division designed to attract new customers — the Post called it a “third newsroom” — is steeped in some mystery. While the Post at one time headquartered the people running its digital products in a separate building, for several years it has integrated that and social media into the regular newsroom, as have many organizations. It’s hard to predict how the new structure will work, and there are likely to be changes as they are put in place, Sullivan said.

    “Maybe it’s brilliant and innovative,” she said. “But it just strikes me as being odd.”

    There are significant questions surrounding the restructuring — including suggestions that dividing the newsroom into three parts could create fragmentation of the Post’s overall news report. Will separation into different units hinder the kind of collaboration that creates fluid multiplatform journalism?

    “It feels so retro — reminiscent of search engine optimization, social media and pivoting to video, just as AI and agents threaten to become a new web,” said Jeff Jarvis, Jarvis, author of “The Gutenberg Parenthesis: The Age of Print and its Lessons for the Age of the Internet.”

    Murray will be in charge of this division following the election. After that, Robert Winnett, a longtime editor at the Telegraph in England who worked with Lewis there, will take over the core reporting functions at the Post, the newspaper said.

    There was some concern expressed by Post staff members about three men — all of them new to a newspaper that takes some pride in journalists working their way up through the ranks and two of them British-born — being in charge at a crucial time.

    “In a few months, two British-born editors will be running the leading newspaper in the capital of the United States,” Farhi said. “It was kind of unimaginable a couple of months ago.”

    They won’t be alone. Other U.S.-based news organizations with British-born leaders included The Wall Street Journal, with editor in chief Emma Tucker; CNN, with chairman and CEO Mark Thompson; and The Associated Press, with Daisy Veerasingham as president and CEO.

    Lewis was also questioned about his commitment to diversity after the first woman to be the editor in charge of the Post has left. He said he was committed to it “and you’ll see it going forward,” according to the person at the meeting.

    Lewis has said that the Post will be experimenting with different pay tiers for digital subscriptions, for people who may be interested in particular topics or stories instead of the entire package, similar to products offered by Politico, for example. As editor, Buzbee has been beefing up the Post’s coverage on topics like cooking and climate that appeal to particular readers.

    Lewis has talked about searching for ways to reach millions of Americans who want to keep informed but don’t feel like traditional news products serve their needs.

    In one sense, efforts to make organizations like the Post and the Times more attractive to subscribers may contribute to the trends hurting local news, Farhi said. As the newspapers seek out more national and international customers, he said, they are much less likely to invest in covering local news.

    ___

    David Bauder writes about media for The Associated Press. Follow him at http://twitter.com/dbauder.

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