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23andMe Names Former Gilt Exec Andy Page as President (Video)

Kara Swisher — Tue, 11 Jun 2013 15:30:16 +0000

Personal genetics company 23andMe has named Andy Page as its president, a newly created executive position.

The reason for the addition, said CEO and co-founder Anne Wojcicki, is to push for more customer growth — 23andMe is trying to reach one million members by the end of the year — and the scaling of its operations.

“Since we dropped the price, we have been growing substantially, and now need to execute with a level of perfection,” said Wojcicki, referring to the new $99 price for 23andMe’s genetic test. “We have had to scale very quickly, and still need to keep growing even more.”

Page, who will report to Wojcicki, will be in charge of a wide swath of 23andMe, including product and engineering, marketing, finance, business development, laboratory operations and legal and regulatory issues. He will also be tasked with helping develop business strategy.

Wojcicki will focus more on 23andMe’s growing research unit, which uses a crowdsourced model to focus on personalized medicine.

Page, who has been on the board of Mountain View, Calif.-based 23andMe since last year, and advising the company from much earlier, was most recently president of Gilt Groupe, the New York-based luxury shopping site. Previous to that, he has been CFO at both PlayPhone and StubHub. He also worked at Panasas, ONI Systems and Robertson Stephens. Page did his undergraduate work at Princeton University, and got his MBA from Harvard Business School.

“The common denominator with all these jobs is the scaling of consumer-aimed business that is breaking into a transformative market, said Page. “And my being on the board and knowing the company well for a while makes this a different kind of transition.”

Here’s a recent video interview I did with Wojcicki, in which she talked about taking the company — which also recently garnered $50 million more in funding — to the next level:

[ See post to watch video ]

Facebook's General Counsel Ullyot to Depart the Company

Kara Swisher — Fri, 10 May 2013 20:00:05 +0000

Facebook’s top lawyer Ted Ullyot is leaving the social networking giant, apparently to take some time off.

Facebook disclosed the departure today. Ullyot, 45, will be officially gone in July; the search for his replacement will include internal and external candidates.

As general counsel, Ullyot has presided over a myriad of new, unusual and sometimes controversial legal issues, including managing high-stakes and complex litigation that ranged from Facebook’s battle with the Winklevoss twins, to a patent fight with Yahoo to investor disgruntlement around its initial public offering.

And, of course, over privacy issues. In many ways, given the Silicon Valley company’s pioneering role in social networking, Ullyot has had to work in a relatively undiscovered landscape, which has also attracted a great deal of scrutiny from consumers, regulators and investors.

He started in the fall of 2008, and has managed all the legal aspects of the company and built up the team from 10 when Facebook was a startup to more than 70 as a public company. In that time, Facebook has grown from 500 people to 5,000 and from 100 million to over one billion active users.

It has certainly been a ride for him, from beating back the Winklevii over their allegations related to the founding of Facebook to settling the patent dispute with Yahoo to handling the Federal Trade Commission investigation and more.

It is not clear what he will do next, but sources said he does not have another job lined up as of yet.

Leaning In to No. 1: Sheryl Sandberg's Book Tops Both NYT and Amazon Bestseller Lists

Kara Swisher — Tue, 26 Mar 2013 00:49:54 +0000

Facebook COO Sheryl Sandberg might still be trying to figure out the social networking giant’s mobile monetization strategy, but there’s one thing she has locked: The top spot on two of the most important bestseller lists at the same time.

This week, for the first time, her “Lean In: Women, Work, and the Will to Lead” ranked No. 1 on the influential New York Times list for hardcover nonfiction, as well as for combined print and e-book nonfiction. The list, which appears in this coming Sunday’s issue of the New York Times Book Review, actually reflects sales for the week ending March 16, 2013.

“Lean In” has been on Amazon’s top 100 list of all books for much longer — in fact, for 32 days. The tome on the many difficulties faced by women in the workforce reached No. 1 status several weeks ago.

The official release date of the book was March 11, which was followed by a publicity blitz of massive proportions, including the cover of Time magazine, huge takeouts in innumerable newspapers, and laudatory television pieces on “60 Minutes” and with Oprah Winfrey.

“Lean In” has also attracted a huge dollop of controversy, with everyone and their mother (and my mother, Lucky, too) arguing over its merits, as well as its message — including whether Sandberg blamed women too much for the lack of advancement in the executive ranks.

She doesn’t, actually — if you read it, which many pundits appear to not have done. But that has not stopped the rigorous and welcome debate over the important issue, which seems to be exactly what Sandberg was aiming for.

Sales appear to have been widespread, but seem to also be helped by big purchases by companies such as Cisco, which are encouraging employees to read it.

Telling Employees He Hasn't "Walked the Talk," Cisco's John Chambers Leans In on Women in the Workplace Issue

Kara Swisher — Wed, 13 Mar 2013 14:02:45 +0000

As most of the free world knows by now — from the ubiquitous media coverage that Facebook COO Sheryl Sandberg and her new book, “Lean In: Women, Work, and the Will to Lead,” has gotten of late — there are some nagging issues of women in the workplace.

That was also underscored by the huge debate that arose over Yahoo CEO Marissa Mayer’s new rule for the Silicon Valley Internet giant that eliminated work-from-home employees.

Now, Cisco CEO John Chambers is weighing in, after a meeting with Sandberg last week, ordering each of his top managers to come up with new women-focused initiatives and put them into their development plans.

More interestingly, in an internal email I obtained, he also noted that his own leadership in the area had been lacking.

“While I have always considered myself sensitive to and effective on gender issues in the workplace, my eyes were opened in new ways and I feel a renewed sense of urgency to make the progress we haven’t made in the last decade,” wrote Chambers.

He pointed out that only one-fourth of the networking giant’s employees and top execs are women, and only 20 percent out of one million networking academy students are women. Currently, Cisco’s highest-ranking woman is Padmasree Warrior, its CTO and strategy officer, and it has three women board members.

Still, wrote Chambers:

“After reading Lean In and listening to Sheryl, I realize that, while I believe I am relatively enlightened, I have not consistently walked the talk … What we have been doing hasn’t worked, and it is time to adjust.”

Here’s the whole memo:

From: John Chambers
Date: March 8, 2013, 6:21:49 PM PST
To: John Chambers
Subject: International Working Women’s Day … Cisco Resolution

To my leaders:

I had the opportunity yesterday to discuss Sheryl Sandberg’s new book Lean In with Sheryl and a group of my CEO peers. While I have always considered myself sensitive to and effective on gender issues in the workplace, my eyes were opened in new ways and I feel a renewed sense of urgency to make the progress we haven’t made in the last decade.

The data is startling. Women hold less than 14% of CEO positions, 17% of board seats globally, and 18% of congressional officials … and these numbers have not changed in a decade. At Cisco, less than 25% of our employees — and our leaders — are women. Only 20% of our current one-million networking academy students are women.

Today is International Working Women’s Day, and I want us, the leaders of Cisco, to see this as a leadership moment. Without realizing it, we operate every day with gender stereotypes and biases, many of which we do not realize. After reading Lean In and listening to Sheryl, I realize that, while I believe I am relatively enlightened, I have not consistently walked the talk. I think each of you, on reflection, will identify opportunities to operate at a new level with your women employees, leaders, customers, partners, and peers. I believe we — together — need to drive a fundamental culture change and it is up to us as leaders to make this change happen. What we have been doing hasn’t worked, and it is time to adjust.

I have two specific asks for each of you: 1) please read the copy of Lean In you will be receiving shortly, before we get to the SVP/VP off-site and 2) determine 3-4 specific things you will do differently and detail those commitments in your development plan and if you need help, please contact Sandy Hoffman, Chief Diversity Officer.

I know each of us will have a different explanation and a different solution, and there is power in the diversity of those ideas in driving change. I am asking two champions — Chuck Robbins and Kelly Kramer — to take a leadership role in moving us forward. I will ask them to report to the Operating Committee every quarter on the progress we have made and the action plans in place.

I think Sheryl says it best: “We can no longer pretend that biases don’t exist, nor can we talk around them … the result of creating a more equal environment will not just be better performance for our organizations, but quite likely greater happiness for all.”

Kath Weslock, Chief Human Resources Officer and I look forward to discussing this topic with many of you. We believe we have an opportunity to make a tremendous difference, and in so doing benefit our people, our culture, our company and, just maybe, the world.

John

CFO Goldman Says Mayer Regime Has Been Improving "Quality of Life" at Yahoo

Kara Swisher — Wed, 27 Feb 2013 19:26:04 +0000

At a Morgan Stanley investment conference today, the affable Yahoo CFO Ken Goldman put in an appearance to talk about life at Yahoo since he got there last fall.

Unfortunately, he said almost nothing new in an onstage interview and, more importantly, did not address the hot-button controversy around the work-from-home ban that CEO Marissa Mayer instituted last week.

To be fair, that’s because Goldman was not asked by anyone about the issue, which is perhaps not a surprise at these hand-holding investor events. But he did make a veiled reference when touting its “strong leadership” now.

“What gives people confidence is that we’re making decisions,” he said. “The worst thing to do in a company is to waffle.” But Goldman then added obliquely that some people like those decisions and “some people don’t.”

No, they don’t! Woo-hee, has this one blown up!

The work-from-home debate has certainly exploded across the landscape this week, after an edict to eliminate the long-time employee policy at Yahoo, especially since most other Internet companies tout flexible work arrangements.

But, apparently, Mayer thinks Yahoos have abused the privilege — she noted at an employee meeting last week that VPN logs showed work-at-home staff did not sign on enough — and a Yahoo internal memo said that working “physically together” was the way to reenergize the lagging fortunes at the company.

Opinions inside Yahoo about the topic have been mixed but heated, essentially pitting employees against each other in an awkward way. But the reaction from outside the company has been decidedly negative.

At the Morgan event in San Francisco, Goldman instead focused on the sunnier side of the street at the Silicon Valley Internet giant, noting the Mayer regime was focused on increasing user engagement, international presence and broadening its demographics.

“The thing that just struck me over and over is how much has been done by this company that is really new,” said Goldman, pointing inevitably to the new free food policy — which has long been common across Silicon Valley — as well as a quarterly goal system, employee reviews, weekly FYI meetings and more.

Referring to internal polls showing increased confidence among staff, he added: “What really strikes me is how much has been done to really improve the quality of life at Yahoo.”

Goldman also touched on the need to increase revenue, spur innovation and also some upgrades of core products such as Yahoo Mail and its famous homepage, although leaving out that this had been in the works before the new leadership team was in place.

He also talked, as Mayer has a lot, about the importance of mobile to the future there, noting that the mobile revenue was still “modest.” (Goldman declined to say just how modest, but I posted that depressing number here.)

“We just got into this is a major way,” he said, asking investors for patience to get up to mobile speed at Yahoo. “I think we have been clear it will take us some time, but we have taken some positive steps.”

Exclusive: PayPal Co-Founder Levchin Launches New Payments Startup, Affirm

Kara Swisher — Tue, 26 Feb 2013 21:35:46 +0000

High-profile Silicon Valley entrepreneur Max Levchin is launching a new mobile payments startup today called Affirm.

It’s the first project emerging from Levchin’s San Francisco tech incubator Hard, Valuable, Fun (HVF), which he started after selling his last company — Slide — to Google and then eventually leaving the search giant. Previous to that, Levchin and investor Peter Thiel had sold PayPal to eBay.

While it might seem at first as if Affirm is in direct competition with other mobile payments-focused companies such as Square and Stripe, it seems to be aimed at another layer of the value chain in an effort to improve conversion for mobile payments.

In fact, Stripe — in which Levchin is an investor, too — will be processing credit card payments on the back end.

But it will be an uphill battle for Levchin in the current payments arena, with a range of challenges from a multitude of rivals to regulatory scrutiny to the risks associated with credit in general.

Its most similar competitor, for example, is Klarna, a hugely funded company based in Sweden that offers payment solutions for a wide range of online storefronts across Europe that did $200 million in revenue last year. Klarna, which means “clear” in Swedish, is likely to be eying the U.S. market and has well-regard VC Mike Moritz of Sequoia Capital on its board.

As part of its effort, Affirm will use Facebook for authentication of consumers, and also use a number of other social and data signals to assess risk. It will then guarantee payment to merchants — who will pay Affirm a fee — after this check.

“We are trying to get as close as possible to one-click, which has always been the case on the desktop,” said Levchin in an interview today. “In mobile, it has become an imperative to be able to buy it now or you lose a customer quickly.”

Levchin described Affirm as a digital charge card rather than a credit card, trying to be valuable to merchants by lowering the abandonment rate of mobile transactions. Affirm’s beta launch retail partner is 1-800-Flowers.

“You will essentially be putting a purchase on a digital tab, and we are going to make it work for us by looking at all available data to determine if you are someone who will pay it back,” said Levchin.

Like an American Express or other charge card, consumers will have about 30 days to settle bills, although Affirm will not be making any money from them.

As to why he decided to enter the increasingly competitive online payment space — which is also rife with regulatory and fraud issues — Levchin said that his efforts at PayPal did not go far enough.

“Payments online are still too hard — we started the revolution with PayPal and democratized payments for small businesses, but we stopped short of changing the system,” he said. “The world is now awash in data and we can see consumers in a lot clearer ways.”

In addition, he added, the “overwhelming transformation of everything toward mobile changes all the fundamentals.”

Relying on Facebook could be an issue, of course, opening up a thicket of privacy issues and also worrisome reliance on the social networking giant. But Levchin said that Affirm’s system depends on the company for confirming identity more than anything else and there will eventually be a number of ways to do that.

Other data Affirm will be using, he said, range from incomes per zip code and even a user’s mobile device ID.

Affirm has been funded by Levchin and a group of friends in the “low-digit millions,” he said, with only a few dozen employees compared to bigger mobile payments efforts from others.

He said he knows the risk of entering the space, especially given that there are only so many solutions and a limited retailer attention.

Still, Levchin noted: “I just think there is so much more to do. Technology has come a long way since PayPal.”

Post-Election, CrunchGov's Ferenstein Talks About What's Up Next for Tech and Politics

Kara Swisher — Tue, 06 Nov 2012 22:20:16 +0000

Even though the results are not in yet, no matter who wins in this most contentious and dead-heat of elections, what happens afterwards is something to start thinking about for the tech sector.

The many issues outstanding in the months and years ahead for Silicon Valley include privacy, immigration, piracy, open Internet, cyber-security, intellectual property and much more. And there’s no question that regulatory issues and tech policy are only going to become more complex.

Thus, I had a little pre-election chitchat with TechCrunch’s Greg Ferenstein, who recently launched a new project called CrunchGov, about it all. According to Ferenstein’s post on the nascent tech policy platform, it “includes a political leaderboard that grades politicians based on how they vote on tech issues, a light legislative database of technology policy, and a public markup utility for crowdsourcing the best ideas on pending legislation.”

And, more to the point, as the site also notes, it’s an “attempt at helping policymakers become better listeners, and technologists to be more effective citizens.”

Would that is were so.

In any case, here’s my video interview of Ferenstein talking about CrunchGov and what’s ahead for tech and politics:

[ See post to watch video ]

Former D.C. Mayor Adrian Fenty Joins Andreessen Horowitz as "Special Advisor"

Kara Swisher — Wed, 26 Sep 2012 22:00:54 +0000

In its second acquisition of a well-known political figure, Andreessen Horowitz has brought in former District of Columbia Mayor Adrian Fenty as a part-time “Special Advisor.”

The appointment comes after the high-profile Silicon Valley venture firm added former Treasury Secretary Larry Summers last year in the same capacity.

Fenty — who lost his job as mayor after only one term, in part due to blistering opposition to major education reform he pushed for in Washington’s troubled public schools — will focus on helping Andreessen Horowitz make investments in the online education arena, as well as advising on city-related issues.

In an interview, Fenty said that, since he left office last year, he had become increasingly interested in tech and entrepreneurs.

“I’ve been migrating more and more to the area and was impressed with the great work Andreessen Horowitz was doing,” he said. “I got the bug in me.”

Fenty added that he thinks of himself as a disruptor in politics, which is why he has been attracted to start-ups.

“It is fun for me to do on the business side what I was doing on the political side,” he said. “There is an education disruption volcano that is really just starting to circulate.”

Boom.

Here’s the Andreessen Horowitz blog post on the Fenty appointment:

Former DC Mayor Adrian Fenty Joins Andreessen Horowitz as Special Advisor

This is a guest post by Margit Wennmachers, partner at Andreessen Horowitz.

Today we broaden our firm’s expertise with the appointment of our second special advisor, Adrian Fenty. Adrian is best known as the iconic former mayor of Washington, D.C., who threw out entrenched rulebooks to reform the public school system with unheard-of success.

Adrian joins renowned economist Larry Summers in his advisory role at the firm. (http://bhorowitz.com/2011/06/29/meet-our-new-special-advisor-larry-summers/)

What does Adrian bring to the table?

To answer this question, it’s helpful to understand more about his tenure as mayor in D.C. On his very first day in office, at a time when D.C. test scores and graduation rates were among the lowest in the country, he introduced legislation to vest mayoral control of public schools. Through efficiencies and a spotlight on accountability, student achievement rose 14 points in reading and 17 points in math since 2007, unprecedented gains in D.C. history and unparalleled nationwide. Not to mention that SAT scores rose 27 points, graduation rates rose each year, and 72 percent of District students took the PSAT. Measurable results in record time.

Adrian did all this in the face of tough opposition from about every corner in the system. He also did it at a great cost; he was voted out of office in the following election. Long-term gains that necessitate tough decisions are often obscured by unpopular short-term pain. In the fullness of time, Adrian will be on the right side of the issue; the results are evident. We admire someone with the courage and the stomach to take on the status quo, in particular on a topic as fundamental as the education system in this country.

His education chops are only a small part of what Adrian brings to the firm. He will advise us and our entrepreneurs about the ins-and-outs of navigating state, local and federal government. He’s uniquely qualified to help companies understand everything from striking effective city partnerships to navigating regulatory issues. With more technology companies disrupting traditional businesses, they will benefit from leaning on someone who’s well-versed in how local governments operate.

Adrian’s bold, he’s progressive, he’s tech savvy, and he’s a disruptor with a track record to prove it. He’s already hit the ground running with our CEOs. We’re excited to see the kind of impact this reformer will have on our portfolio.

What Will Marissa Do?: Yahoo CEO Zeroes in on Search, While Her Ad Team Eyes Tech Upgrade Options

Kara Swisher — Fri, 21 Sep 2012 19:27:51 +0000

It’s been nice to see all the euphoria at Yahoo about free food and Apple iPhones kicking it up a notch.

But, purple people, guess what? Them’s just your basic table stakes in Silicon Valley these days and pretty much everyone else has had such perks for a long while now.

Thus, as nice as it is to drink your coconut water gratis, after two months in charge, it’s long past time to focus on what new Yahoo CEO Marissa Mayer is up to besides making much-needed but obvious cultural changes at the troubled Internet giant.

She’s been busy with the expected listening tour of employees and also outside tech players — such as former Yahoo CEO Terry Semel — which is a textbook stop in the turnaround playbook.

Now comes the hard part: Actually beginning to make the significant decisions about how she’s going to turn around Yahoo and what the key issues of strategic focus need to be.

In a series of recent meetings, according to numerous sources inside the company, Mayer has begun to outline what those are to top staff.

Not surprisingly, they are many of the same thorny issues that Yahoo has been facing for a long time and which center primarily on making the company relevant again in a wide number of ways.

I’ll get to many of them over the next week in a series of What Will Marissa Do? posts — including looking closely at her new hires, when and how Mayer will deal with inevitable layoff decisions facing the company, where the sale of Yahoo! Japan stands and, finally, what she’s cooking up for key Yahoo products.

But the focus has to fall first of all on search and advertising, the two arenas that Mayer has been studying most closely, according to numerous sources close to the situation.

That has included a recent meeting and numerous discussions with Microsoft CEO Steve Ballmer about improving Yahoo’s search advertising partnership, said sources at both companies.

That deal has been largely disappointing since it was struck under the regime of ousted CEO Carol Bartz several years ago.

Many reasons are given for the poor performance of the entire arrangement, including lack of improvement of cost per click and share growth for both parties. That means bid density and numbers of advertisers remain too low, especially compared to Google’s offering of access to a larger, more active and lucrative market.

Simply put, despite massive spending by Microsoft on search, users and advertisers get significantly better results overall with the search leader Google.

(You can read a great piece by Search Engine Land’s Danny Sullivan from last year, which exhaustively looked at the issues until then.)

The irony abounds that it’s up to Mayer to fix this problem of improving revenue per search with Ballmer, since she has been among the executives who have made Google the search behemoth it has become.

Her particular expertise has been on search experience for consumers, which is just the area that Yahoo desperately needs to improve after handing over technology duties to Microsoft.

That move was controversial at the time and some feel it was a big mistake. But, most also think there is no going back at this point, given the enormous cost of running a serious search enterprise.

Such an idea is still being raised inside Yahoo, although it seems more nostalgic than a realistic possibility, given the enormous price and, more importantly, the departure of the company’s core search engineers in recent years.

That doesn’t mean Yahoo under Mayer can’t be key to helping solve Microsoft’s search tech problems. She certainly knows the entire arena, which has already given Yahoo increased credibility among Microsoft’s search engineers.

“None of Yahoo’s many CEOs knew anything about search technology and that’s certainly not the case here with Mayer,” said one person close to the situation at Microsoft. “When she walks in, she instantly has status among the geeks as someone who knows what she’s talking about.”

It still may be a losing battle, due to Google’s overwhelming dominance, but if anyone at Yahoo can spot areas of even small improvement — which can yield big returns — it could be Mayer.

In addition, she can spearhead Yahoo’s own efforts to reverse — or perhaps simply stop — search market share declines via delivering a better consumer offering.

That’s still heavy lifting, no matter the exec, since both Microsoft’s Bing and Google are better equipped to win here, too.

“It hard to imagine we are going to slow down in any way,” said one former colleague of Mayer’s at Google to me recently in a rather ominous tone. “We’re only going to get more competitive.”

Pressure much?

And more: Mayer is under a time limit, since guaranteed payments Microsoft agreed to pay Yahoo for the shortfalls on what was promised will be running out next year. The pair has renegotiated that deal before, and it will likely have to do so again.

Of course, Mayer could try to walk and threaten to take Yahoo’s search business elsewhere, a move that former CEO Scott Thompson was mulling before his ouster.

That’s not a surprising ploy, except it is probably impossible to pull off, a fact acknowledged by top Yahoo execs.

“It might feel good to say we have options in search,” said one person close to the situation. “But that ship sailed years ago.”

Indeed, especially since Google is the only choice of possible alternate partners and such a move is rife with major obstacles.

There is the issue of the contract with Microsoft, which could lead to a potentially explosive legal struggle Yahoo can ill afford.

“They can try to get out of the deal,” said one high-ranking person at the software giant. “But that’s a lot easier threatened than done.”

And, there is the clear regulatory hairball any search hook-up between Google and Yahoo would lead to.

That’s happened before, which Mayer knows well since she was a top exec in Google’s business when it tried to partner with Yahoo as a way to prevent Microsoft’s hostile takeover bid for the company.

While times might have changed, Google is currently facing a likely battle with the Federal Trade Commission over its powerful search business, and trying to get Yahoo’s business now is a non-starter.

Thus, finally fixing the Microsoft partnership is key to Mayer’s success since it represents a little over one-third of revenue of Yahoo (see the chart below).

The bigger part of Yahoo’s business, as you can also see from the chart, has been display revenues. And that, too, has been a sorry tale of declines and ever more disappointing results.

A report by eMarketer on display market share had this depressing chart for Yahoo:

As is clear, the march downward for one-time leader Yahoo has been swift, and the prospects for the future are worse as Google and Facebook vie for leadership.

The reasons for this have been myriad, but Mayer has apparently decided that it’s been due in large part to the broken Yahoo ad tech platforms and their ever weaker performance.

As we have previously reported, she has determined that it’s now time to invest in improving them, both by funding internally and external acquisitions.

For that, she has formed a tight group of execs to scan the landscape for tasty and innovative treats for Yahoo to gobble up.

That includes: Scott Burke, SVP of Yahoo’s advertising and data platforms; Brian Silver, who runs the company’s Right Media Exchange; Xuhui Shao, a key engineering VP under Burke; and Mark Morrissey, the longtime tech exec who previously ran the company’s search business and was key to integrating the Microsoft search deal into place.

The cerebral Burke especially has been pushing ad platform improvement for a while and finally seems to have won the battle against detractors of the big and possibly grandiose plan by appealing to Mayer’s interest in not giving up.

Thus, the tabling of plans by Thompson, as well as interim CEO Ross Levinsohn, to outsource some of the automated parts of the display business to Google.

Those talks were very serious, as well as others to sell off Right Media, but they are done for now.

One major issue — the people in charge of the ad platform turnaround could also be seen (and most definitely are) as mired in Yahoo’s legacy of lackluster results and poor performance.

“It is kind of funny that the guys responsible for the decline now have the responsibility for fixing it,” said one source at Yahoo.

It’s a fair point to be made.

But that’s water under the bridge, apparently, since the group has been making the rounds, helped by Yahoo’s M&A execs, with a wide range of companies in many different ad tech area being considered (and some dismissed), including: Mediaocean, Turn, Criteo, PubMatic and Millennial Media.

Millennial is the most interesting, because it is a mobile ad play, where Yahoo is exactly nowhere (to be fair, less than nowhere) after years of botched efforts.

As with other companies, this is a critical arena for Yahoo, and yet one more that Mayer needs to focus on.

Lastly, Mayer has to make sure Yahoo’s premium display business remains strong. This is much more based on relationships with large advertisers than on major sponsorship and branding offerings, as well as creating consumer products and content that is appealing to marketers.

This area is now headed up by former Google exec Michael Barrett, who has publicly said he was staying put for now at Yahoo as its chief of revenue.

In fact, because he is in charge of all sales, he occupies the second slot under Mayer on Yahoo’s now strangely configured, punctuation-impaired and information-free management page.

But numerous sources inside and outside Yahoo said Barrett has also told many people that he is still not fully committed to staying in the role for the long haul.

If he eventually gets a lucrative exit package — something the new boss is not being very generous with overall, said sources — that will mean Mayer will need a high-profile and well-regarded ad exec to replace him; sources said Mayer has already begun reaching out to some candidates.

The pickings are slim, with only a few names on the list of those capable of taking on such a job. That includes: Demand Media’s Joanne Bradford, who was also a former top Yahoo exec; Microsoft’s Yusuf Mehdi; OWN’s Kathleen Kayse; MLB.com’s Bob Bowman; and any number of Google execs.

In that regard, as with all the other search and advertising overhaul efforts at Yahoo, it is a matter of attracting serious talent into the company going forward.

Fat Lady Finally Sings: Yahoo and Alibaba Officially Shake on $7 Billion Stock Sale Deal (Updated)

Kara Swisher — Sun, 20 May 2012 22:34:03 +0000

As AllThingsD reported several days ago they would, Yahoo and Alibaba Group have finally reached an agreement for the Silicon Valley Internet giant to sell back half its stake in the Chinese Web company in a $7 billion deal.

The taxable shares sale agreement, which is now being approved by both boards, is part of a larger and more complex arrangement, which will also include a multibillion-dollar stock buyback by Yahoo and an eventual IPO of Alibaba.

And, perhaps most importantly, it will bring to an end what could be the longest running global cat fight in Internet history, in which the long-time partners have bickered over the terms of their relationship for years now.

It has mostly been over how they could get to the transaction they should be announcing later tonight (or morning in Hong Kong, which it is there now). While it could fall apart at the last minute, that is highly unlikely at this point.

(Update: The Yahoo board has approved the deal unanimously, said sources, so it is done done.)

(Update 2: Yahoo and Alibaba both confirmed the deal in a joint press release, which is below.)

Thus, after many failed attempts to strike a tax-free deal — also involving Yahoo’s Japanese partner, SoftBank — collapsed, the pair have finally settled on a taxable deal, which could net Yahoo upwards of $4 billion.

The transaction values Alibaba at $35 billion and is subject to a number of funding issues that could change the value of the deal.

But here is the overall situation, as I previously reported:

Yahoo is set to sell half of its roughly 40 percent stake in Alibaba, in a taxable deal. The transaction is likely to value that portion of Yahoo’s holdings at about $7 billion — or 20 percent of Alibaba’s $35 billion enterprise valuation. Alibaba is in the midst of raising capital to fund the sale.

After taxes of upward of 35 percent are paid on the long-term gains — remember that Yahoo bought the now-lucrative Alibaba stake for just $1 billion in 2005 — the company will use the funds to buy back its own shares. That stock has been caught in the mid-teens doldrums for quite a while, so this could help boost shares significantly.

A shareholder dividend is also being considered by the Yahoo board, but it is unlikely. It’s also not clear if some of the cash will be held back for acquisitions by Yahoo, sources added, but it is also unlikely.

As part of the deal, sources said, medium-term incentives have been put in place for Alibaba to move forward with a public offering, which sources stressed is without contractual obligation or a time frame. Alibaba execs have already been publicly indicating such a direction recently, but this will put them more firmly on that path.

Although there are no plans to go public as yet, the IPO incentive revolves around several terms, including the right to buy back half the remaining stake, which expires in December of 2015. As I previously reported, Yahoo will be required to sell back half of the 20 percent remaining stake upon IPO and the other half after that if Alibaba goes public in the time frame agreed to.

Lastly, the Alibaba voting rights for both Yahoo and SoftBank are much diminished in the new deal, according to sources, to under 50 percent.

Translation: Alibaba CEO Jack Ma is now in the driver’s seat completely.

Once close, the pair have been wrangling over the large Yahoo ownership, which Ma has been trying to dislodge in a variety of nice and not-so-nice ways. It has resulted in a number of very public disagreements.

That included a nasty back-and-forth over its Alipay unit with now-fired CEO Carol Bartz, threats of takeover of Yahoo with private equity firms and, more recently, making friendly with its just-ousted CEO, Scott Thompson.

Those talks with him in recent weeks, which included a visit to China by Thompson, led to the new deal, which was negotiated primarily between Yahoo’s CFO Tim Morse and legal head Mike Callahan and Ma and Alibaba’s Joe Tsai.

The talks continued even as Thompson was suddenly engulfed in a controversy over a fake computer science degree on his resume that quickly led to his departure from Yahoo.

Ironically, the error was first discovered by activist shareholder Daniel Loeb, who is now voting on the deal as a newly named director of Yahoo, after successfully helping to oust Thompson.

He owns almost 6 percent of Yahoo.

The final decision to approve the deal was in the hands of a very new board of Yahoo, which has been drastically reshaped in recent weeks. It met to decide on the deal this weekend.

While the deal with Alibaba is finally nearing an end, Yahoo’s talks to sell its 33 percent stake in Yahoo! Japan is not part of this agreement. That’s due to what Thompson had called a “valuation gap,” which sources said is still an outstanding issue.

New interim CEO Ross Levinsohn has not been involved in the Alibaba deal in any significant way. But he certainly will benefit from its halo effect, if approved, especially given that it will likely boost Yahoo shares.

It also puts Yahoo in a unique situation, in which it must sink or swim more largely based on the value of its troubled core business.

That could mean a lot of things, including the eventual sale of the company, whose most lucrative asset recently — its Alibaba holding — will matter much less.

As soon as I get the press release, I will post it here, but no one is commenting, despite the inevitable happy ending to this long-running story.

And here’s the press release, finally:

Yahoo! and Alibaba Reach Agreement on Comprehensive Plan for Alibaba Stake Agreement Realizes Significant Value, Immediate Liquidity and Path to Future Monetization

Yahoo! Board Increases Share Repurchase Plan by US$5 Billion

May 20, 2012 — Sunnyvale, California and Hangzhou, China – Yahoo! Inc. (NASDAQ: YHOO) and Alibaba Group Holding Limited today announced they have entered into a definitive agreement for a staged and comprehensive value realization plan for Yahoo!’s stake in Alibaba.

The first step is the repurchase by Alibaba of up to one-half of Yahoo!’s stake, or approximately 20% of Alibaba’s fully-diluted shares. The purchase price will be based on a valuation of Alibaba to be established through equity financings that Alibaba intends to undertake to finance the transaction, subject to a floor valuation of approximately US$35 billion. The agreement includes substantial financial incentives for Alibaba to raise the additional equity at a valuation higher than US$35 billion. At the minimum price and assuming the initial repurchase of the full 20% stake, Yahoo! would receive from Alibaba consideration of approximately US$7.1 billion, composed of at least US$6.3 billion in cash proceeds and up to US$800 million in newly-issued Alibaba preferred stock.

The agreement also establishes a framework for Yahoo! to monetize its remaining interest in Alibaba in stages. First, at the time of an initial public offering (IPO) of Alibaba in the future, Alibaba will be required either to repurchase one-quarter of Yahoo!’s current stake at the IPO price or allow Yahoo! to sell those shares in the IPO. Second, following such an IPO, Yahoo! has registration rights and rights to marketing support from Alibaba to enable Yahoo! to dispose of its remaining shares, at times of Yahoo!’s choosing following a customary lock-up period.

This agreement is a result of extensive discussions between the two parties and a comprehensive review of both taxable and tax-efficient alternatives. Yahoo! and Alibaba believe this agreement to be the best path to align incentives and maximize value for shareholders of both companies and it paves the way for Alibaba to achieve future public market liquidity for all of Alibaba’s shareholders. For Yahoo!, the agreement provides for a staged exit over time, balancing near-term liquidity and return of cash to shareholders with the opportunity to participate in future value appreciation of Alibaba.

“Today’s agreement provides clarity for our shareholders on a substantial component of Yahoo!’s value and reaffirms the significance of our relationship with Alibaba,” said Ross Levinsohn, Interim CEO of Yahoo!. “We look forward to continued collaboration with the Alibaba team on business initiatives as we explore joint opportunities for growth and benefit from Alibaba’s future. I want to thank Jack Ma, Joe Tsai and the Alibaba team, as well as Tim Morse, Michael Callahan and our Yahoo! team for their dedication in achieving this successful outcome.”

“This transaction opens a new chapter in our relationship with Yahoo!,” said Jack Ma, Chairman and Chief Executive Officer of Alibaba Group. “I look forward to working with Ross Levinsohn and the Yahoo! team as Alibaba builds China’s leading e-commerce company. Yahoo!’s global audience reach will provide attractive partnership opportunities for Alibaba to explore markets outside of China. The transaction will establish a balanced ownership structure that enables Alibaba to take our business to the next level as a public company in the future.”

“We look forward to delivering the proceeds of the near-term transaction to our shareholders, and to the further enhancement of value and the additional monetization in the future that this agreement enables,” said Timothy R. Morse, Executive Vice President and Chief Financial Officer of Yahoo!.

In addition to the share repurchase, the companies have also agreed to amend their existing technology and intellectual property licensing agreement. Among other things, this amendment will result in Yahoo! granting Alibaba a transitional license to continue to operate Yahoo! China under the Yahoo! brand for up to four years, while restrictions on Yahoo!’s ability to make other investments in China will be terminated. Alibaba will make an upfront lump sum royalty payment of US$550 million to Yahoo! and continuing royalty payments for up to four years. In addition, Alibaba will license certain patents to Yahoo!. Upon closing of the repurchase transaction, the Alibaba shareholders’ agreement will be amended so that the parties’ respective rights will be commensurate with the parties’ post-closing level of ownership in Alibaba. Yahoo! will continue to be represented on Alibaba’s board of directors with the right to appoint one of four existing directors.

Yahoo! intends to return substantially all of the after-tax cash proceeds to shareholders following the closing of the transaction. While the form of the return of capital to shareholders has not yet been finalized, Yahoo!’s board has increased Yahoo!’s share buyback authorization by US $5 billion concurrently with this transaction.

The transaction is subject to customary closing conditions. Alibaba will be required to close the repurchase with respect to at least one-quarter of Yahoo!’s current stake in Alibaba regardless of the amount of financing raised, and up to one-half of Yahoo!’s current stake if it obtains the requisite financing. Alibaba intends to finance the repurchase through a combination of its own cash resources, debt, equity and equity-linked financing. The transaction is expected to close within approximately six months.

UBS Investment Bank acted as lead financial advisor to Yahoo! and Allen & Company LLC and Goldman Sachs & Co. also served as financial advisors. Skadden, Arps, Slate, Meagher & Flom LLP acted as lead legal counsel to Yahoo! and Weil, Gotshal & Manges LLP also acted as legal counsel. Munger, Tolles, & Olson LLP acted as legal counsel to the Yahoo! Board of Directors. Credit Suisse acted as lead financial advisor to Alibaba and Wachtell, Lipton, Rosen & Katz acted as lead legal counsel to Alibaba. Freshfields Bruckhaus Deringer LLP acted as counsel to Alibaba on certain financing and Hong Kong legal matters and Fenwick & West LLP acted as counsel to Alibaba on intellectual property matters.

Exclusive: Yahoo Director in Charge of Botched CEO Vetting to Step Down From Board

Kara Swisher — Tue, 08 May 2012 15:50:13 +0000

CSLie has claimed its first victim, although the mystery is still unsolved.

Patti Hart — the Yahoo director in charge of the search that resulted in the hiring of Scott Thompson as its CEO, making her directly responsible for a clearly botched vetting of his academic record — will not stand for re-election to the board at the next annual meeting, according to sources close to the situation.

Hart — who is CEO of International Game Technology, which makes electronic gaming equipment and systems products — is resigning. Apparently, said sources, her own board asked her to remove herself from the Yahoo mess to better focus on the company she actually runs.

But she is perhaps just a few steps ahead of being pushed, given her key role in the hiring of Thompson, who was president of eBay’s PayPal payments unit when he cold-emailed Yahoo director and Intuit CEO Brad Smith seeking the job.

A Yahoo spokesman declined to comment.

[UPDATE: Yahoo confirmed the inevitable departure later in the day and said the Yahoo board would have nine members going forward. Hart also released a statement, confirming the move.]
Hart, who came to the Yahoo board in 2010, has been head of its corporate governance and nominating committee.

The departure makes her the first casualty — but definitely not the last — of the controversy over how a fake college degree managed to get in Yahoo’s regulatory filings via Thompson’s inaccurate bio.

The issues around how Thompson was hired — including how background checks on him failed to discover that he never got a CS degree from the Boston area’s Stonehill College, as his longtime bio on eBay had claimed — are part of a new investigation by the board.

That will be officially announced later today, along with the hiring of an outside law firm to conduct the probe, which will be headed by independent director Fred Amoroso.

[UPDATE: Yahoo officially said it was forming a special committee to look at Thompson's bio snafu and the circumstances around his hiring. Along with Amoroso, the other members are John Hayes and Thomas McInerney, independent directors who joined the board in April.

"The special committee and the entire Board appreciate the urgency of the situation and the special committee will therefore conduct the review in an independent, thorough and expeditious manner," a statement from Yahoo said.

Interestingly, the statement did not include a show of support for Thompson, which often happens in such circumstances.]

They will have a lot to investigate. Such as this mystery: Thompson’s correct bio appeared in filings eBay made with the Securities and Exchange Commission, while Yahoo’s similar documents were inaccurate about his educational credentials.

Also under scrutiny: How the falsehood was added to Thompson’s public resume, and who put it there; why Thompson never noticed the error, there since at least 2004; why he declined to correct it when asked directly about it; and who at Yahoo might have known about the problem before the hiring.

It’s a basic case of who, what, where, when and how. And, most of all, why anyone would make such a dumb mistake.

Hart would seem to have all the answers to that, along with a forensic firm that worked on the vetting. Key Yahoo staffers were also involved, said sources, although its headhunting firm on the CEO search, Heidrick & Struggles, was not used in relation to Thompson.

Presumably, there is a paper trail of some sort, which was the subject of a legal demand by activist shareholder Daniel Loeb of Third Point yesterday. He uncovered the bio error last week, in the middle of pressing a proxy fight to garner board seats.

Loeb’s allegations also nailed Hart in much-less-egregious padding of her own college record, making it appear as if she had economics and marketing degrees. She has one in business administration, with “specialties” (Yahoo’s ridonkulous word, not mine) in economics and marketing.

While Hart’s leaving might assuage some, providing a convenient scapegoat to the bizarre situation, this is by no means over for Yahoo or Thompson.

Another increasingly potent issue is the ever-declining morale at the Silicon Valley Internet giant over the company’s odd response — it initially called the bio problem an “inadvertent error,” without further explanation — and also Thompson’s lack of transparency on the issue.

He released an email to employees last night, apologizing for the “distraction” of the resume issue, but not for the error itself.

That, and other of Thompson’s actions — he has been described to me, by many close to the situation, as defiant over the issue, and as blaming Loeb for conducting a personal vendetta — did not sit well with many, both inside and outside Yahoo.

A Yahoo spokeswoman told me earlier this week that there is much support for Thompson internally and externally, but declined to provide specifics.

But message boards I read were mostly negative about him, as are a plethora of direct emails to me on the situation. One clever commenter on this site bemoaned that Thompson might get off “Scott-free.”

Ouch! Nonetheless, the atmosphere at Yahoo is indeed unsettled.

“Sentiment from employees is unanimous that he must go,” said a Yahoo employee, who has no personal agenda that I can grok, in a common refrain. “He clearly knew and lied for years; and his handling since exposed has been unacceptable.”

Unacceptable or not, though, Hart is the only one going for now. But stay tuned.

Until then, here’s an appearance I made today on WSJ.com to talk about Hart’s departure:

[ See post to watch video ]

RELATED POSTS:

Yahoo’s Parting With Thompson Will Be for “Cause” (a.k.a. CSLie)

Ross Levinsohn’s Yahoo Plan: Back to the Future

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Not So Scott Free? Yahoo’s Other Big Shareholder — Cap Re — Leaning Toward Supporting Loeb Over Thompson ResuMess.

Tech Nation’s Gunn Says She and Yahoo CEO Discussed Their CS Degrees Before 2009 Show (Video and Audio)

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Dan Loeb Alleges “Discrepancies” on Yahoo CEO Scott Thompson’s Resume Related to Computer Science Degree

As Yahoo CEO Reaches Out to Top Staff, Board Meets to Weigh "Options" (I.E., Deciding Who Gets to Take the Borked Bio Blame)

Kara Swisher — Mon, 07 May 2012 03:27:43 +0000

Even as Yahoo’s board was kibitzing all weekend about how to handle the continuing resume-padding controversy around its recently hired CEO Scott Thompson — including hiring its own outside crisis communications firm to represent it — he was working the phones to keep top staff apprised of the evolving situation.

While Thompson told those he spoke to that he was limited in what he could say and blamed a “personal vendetta” by an activist shareholder for his troubles, being proactive in this regard is probably a good idea.

That’s because multiple sources said he said exactly nothing in various strategy meetings with top employees last week about allegations leveled by Dan Loeb of Third Point, which proved correct, that Thompson had not gotten a computer science degree in college, as his longtime bio had claimed.

“It was the gorilla in the room and it was awkward in the extreme,” said one exec present at the meetings. “He never brought it up, which was even worse.”

At this point, it seems unlikely that Thompson can regain the confidence of many at Yahoo — even though a company spokeswoman said he received a lot of incoming support too, both externally and internally — until he can render some cogent explanation about how the borked bio got into both Yahoo’s public site and also its more critical regulatory filings.

Even more mysteriously, how the error was never present in filings with the Securities and Exchange Commission made by eBay, where Thompson led its PayPal payments unit, although his public eBay bio has also been wrong for close to a decade.

And, most of all, how was it that Thompson never caught the mistake himself — even when directly asked about it — despite the likelihood of reviewing it multiple times over those many years and ultimately certifying it for Yahoo’s own SEC filings.

Calling Encyclopedia Brown to solve the Case of the Computer Science Degree That Wasn’t!

Thompson has given no explanation about the debacle to the bulk of the Yahoo staff at all levels, save for an information-free and terse note to employees on Friday afternoon that essentially asked them to focus on their work instead of his bizarre crisis.

Unfortunately for him, many Yahoos are focusing a lot on Thompson, with message boards at the Silicon Valley Internet chastising their CEO and giving him support that is tepid at best. From interviews I have had with two dozen employees this weekend, to say morale is at an all-time low is perhaps understating the situation.

Here is a short selection of comments that were read to me, for example:

“Resume padding is one thing, but lying about something that is so easy to check is puzzling.”

“There is no reason to let it slide by … This isn’t some guy who’s trying to impress a date … It’s sad that we just accept this kind of stuff from corporate heads and politicians.”

“Having some document to prove you can do a job is not all that important, lying about it is.”

What appears to trouble employees the most in the threads I was read was the nonchalance of the initial Yahoo statement about the issue, which called the addition of a fake degree on Thompson’s bio an “inadvertent error.”

“From a pure employee perspective, it feels like it is a violation of their principles,” said one person, reflecting a dozen or more conversations I had this weekend up and down the organization. “And anyone else would probably be immediately fired for this, even with an explanation.”

Said another: “He clearly knew and lied for years; and his handling since exposed has been unacceptable.”

As I noted above, a company spokeswoman said there was also much support for Thompson (pictured here) within the company, but declined to provide any quotes or details.

Presumably, some answers will be coming from a board investigation aimed at getting to the bottom of the situation, including trying to grok who put the error in the bio in the first place.

My bet: They’ll try to pin it on a lower-level minion, although that will not fly with a lot of people.

Including me, because whoever typed in the faux degree, its presence there has been too long for Thompson not to be responsible for it.

Flunky error or not, there are important questions about whether Thompson himself provided a bio that contained the inaccuracy to the board when he put himself forth for the job via direct emails to Yahoo director and Intuit CEO Brad Smith.

That line of thought basically boils down to: Can Thompson not read?

More problematic is the fact that the placement did not come via Yahoo’s headhunter on the CEO search, Heidrick & Struggles, which apparently was not charged with doing a background check on Thompson.

Instead, the director in charge of the search, Patti Hart, sources said, hired another forensic firm, which appears to have missed Thompson’s erroneous academic record.

The only thing completely clear amidst all the confusion: Hart screwed up by botching an extremely simple part of a vetting she was charged with. That makes her vulnerable, of course, along with other Yahoo board members or staffers closely involved in the talent search.

While Hart (pictured here) is in a much dicier position, Thompson still appears to have initial board backing — at least for today — as it’d be a very tough call to fire yet another CEO so quickly in the middle of several key deals for Yahoo, as well as a proxy fight.

Said one person close to the situation, the board is still considering its “options,” in an effort that is being led by independent board member Fred Amoroso.

So, it will be instructive to see how the board will proceed tomorrow — especially since it is likely that Loeb will lob a lawsuit to try to get more information on the Thompson hiring process.

But it’s started by hiring its own outside communications firm, Sard Verbinnen, which has handled other crises for Yahoo in the past.

Sard’s Charles Sipkins — welcome back, Charlie! — had no comment about the board’s next move, except to reiterate its statement from last week that it is looking into the Thompson bio mess and will make appropriate disclosures at some point.

We can’t hardly wait.

RELATED POSTS:

Yahoo’s Parting With Thompson Will Be for “Cause” (a.k.a. CSLie)

Ross Levinsohn’s Yahoo Plan: Back to the Future

Here’s New Yahoo CEO’s First Note to Troops! (The Leaking-Internal-Memos-to-ATD Policy Remains in Effect As Usual)

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Yahoo Gives Dan Loeb a Fresh One, but Real Action in Proxy Fight Begins in Coming Weeks

Kara Swisher — Thu, 03 May 2012 00:28:54 +0000

Earlier today, Yahoo released a letter talking itself up to investors, introing a new Web site called Yahoo Forward to do more bragging and — you guessed it — giving yet another smackdown to activist shareholder Dan Loeb of Third Point.

The move comes as the proxy fight over the Silicon Valley Internet giant moves ever closer to its annual meeting, which is set to take place sometime this summer.

In the letter, which had precisely zero new news, Yahoo recounted again that it tried hard to settle things with its disgruntled shareholder, but underscored its desire not to have Loeb on the board.

Why? Because the man who owns about six percent of Yahoo — which is about 99.99 percent more than any other current board member, which seems to make him pretty interested in Yahoo’s fate — is not qualified to be a director.

“The board continues to believe that Mr. Loeb himself does not bring the relevant skill set and experience to the board, particularly in comparison to the candidates selected by the board,” the Yahoo letter read. “In addition, we believe that, based on the specific qualifications of Third Point’s nominees relative to Yahoo!’s business and opportunities, the candidates nominated by the board’s Nominating and Governance Committee are significantly superior to those proposed by Third Point. “

Buuuurn! (Not really.)

Loeb has his own Web site, Value Yahoo, which he launched last month to pillory Yahoo. He used it today to post an infographic titled “The Incredible Shrinking Yahoo.”

Buuuurn! (Not really.)

In fact, the real fire could start as early as next week and in the months ahead when other Yahoo investors start to pick sides in the fight.

That should really begin when independent proxy advisory firm Institutional Shareholder Service gives its recommendation on the issue to Yahoo investors.

A backing by ISS for another prominent proxy advisor Glass Lewis will help Loeb, although he still has an uphill battle to convince other shareholders to vote down Yahoo, which has a new CEO in Scott Thompson and a mostly new board.

That will be even more difficult, given how active Thompson has been in making a ton of productive-sounding moves, such as a recent restructuring which included 2,000 layoffs. While results will not be in for a while, a lot of we’re-hard-at-work strategery noise is probably a good tack for Yahoo.

The company will surely try to drop some more Yahoo bombs on Loeb to burnish its chances in the coming month — most likely first around a taxable sale of a large portion of its Asian assets related to new rounds of talks now taking place again, which might include a fat dividend to investors.

(Investors like fat dividends and the people who give them fat dividends, by the way!)

The company could also sell off some of its underperforming units, such as its advertising technology business and renegotiate its search partnership with Microsoft, all of which will give Yahoo more of a case that Loeb’s complaints are now unfounded.

But don’t count Loeb out, either. He’s a deft campaigner and also deserves some credit for forcing Yahoo to make several of its recent moves to oust weak members of its longtime dysfunctional board.

In that regard, at least, Loeb has been very relevant.

Here’s Yahoo’s letter today, in full (the odd bolding is all done by the company):

Yahoo! Shareholder Letter Outlines Forward Momentum and Urges Election of Its Board Nominees

SUNNYVALE, California, May 2, 2012 — Yahoo! Inc. (NASDAQ: YHOO), the premier digital media company, today released the following letter to all shareholders from its board of directors:

Dear Shareholder,

Since last August, Yahoo! has moved forward aggressively, implementing a plan to position itself for future success and to increase the value of Yahoo! for you, our shareholders.

* Just four months ago, we appointed CEO Scott Thompson, a highly accomplished and dynamic leader with the experience and expertise required to lead Yahoo! to renewed growth, innovation, and success. Scott is already moving the company forward fast — dramatically reorganizing the business around its core strengths with a mindset of focus, speed, discipline, and putting the customer first.

* The company has reconstituted the board of directors, with the optimal mix of expertise, experience, and fresh perspectives to accelerate the company’s transformation. We recruited five new, highly qualified independent directors through the Nominating and Corporate Governance Committee’s thorough search process. In addition, four of our directors volunteered not to stand for re-election at the 2012 shareholders’ meeting. As reconstituted, following the annual meeting a majority of Yahoo!’s directors will be new to the board this year, and all directors will have joined the board since 2010.

* Following a detailed and diligent review in an accelerated timeframe, the company produced a comprehensive strategic framework that will change what we do and, most importantly, how we do it to enable us to put our customers first in everything we do. We will deliver fun, engaging, and personalized experiences on all screens and forge strong relationships with our advertisers by producing measurable results, including consumer insights derived from our vast data, and delivering a higher rate of return on advertising spend. Specifically, we will focus all we do on the consumers who trust us to deliver personalized content and communications in our core businesses, and on the advertisers who want to connect with our consumers. Just as importantly, we are identifying what we will no longer do, in order to direct resources toward those businesses that generate the highest consumer engagement and the best return on our investment. As we excel in our core business, we will earn the right to pursue new growth opportunities.

* With this renewed operational focus, the company has defined a new organizational structure to support our core business and put resources closer to our customers. Effective May 1, Yahoo! will operate in three groups — consumer, regions and technology — all supported by our corporate teams. Each of these three groups will have clear accountability for getting results by delivering the best customer experiences. This more efficient structure will enable faster decision-making and more effective delivery of innovative products and services that measurably impact the bottom line.

* Beyond our core business, we are committed to continuing to be prudent stewards of our non-core assets and investments and to be thoughtful and diligent about monetizing their significant value at the right time and in the right manner. Should we do so, returning capital to shareholders will be a high priority.

In identifying qualified new members for the board, the Nominating and Corporate Governance Committee, led by its independent chairperson Patti Hart, conducted a thorough and impartial search process. Working with a leading executive recruitment firm and using the committee’s desired skill sets and experience for new board members, the committee identified over 100 potential candidates and sought input from a number of our major shareholders. Committee members engaged with over 20 individuals, including the four nominees proposed by Third Point. Committee members then conducted numerous in-depth interviews and carefully analyzed the qualifications of each candidate, including each of Third Point’s nominees. Committee members conducted additional interviews with those candidates that warranted further consideration, as determined by the committee in its meetings held throughout the process. Following completion of the full process, the committee and the board determined that the distinguished group of five candidates recently announced were the best choices, based on their individual accomplishments, experience directly relevant to Yahoo!’s business and its challenges, and records of value creation.

The new directors have strong records of significant accomplishment at the highest levels of media, advertising, marketing, Internet, technology, and finance, including corporate finance and restructuring, and insight into customers’ perspectives. The continuing directors are independent thinkers who bring impressive track records of success, and have been actively and constructively engaged as the company has developed its strategic framework to deliver renewed success and value to shareholders. We are challenging Yahoo!’s entire leadership team by asking tough questions, establishing rigorous goals, and developing a framework for strict accountability to move Yahoo! forward … fast.

Our focus now is on operating the company so that it delivers superior value to our shareholders. Supported by the many talented people who have contributed to charting our new course and inspired by the many shareholders, customers, and employees who have communicated passion for this great brand, we know that we will succeed.

Regrettably, our efforts to avoid a proxy contest with Third Point were unsuccessful. Following the recommendation of the Nominating and Corporate Governance Committee, we offered Third Point two board seats, including one of its nominees and a second mutually agreeable candidate, which would bring Third Point’s perspective into the boardroom. Unfortunately, Mr. Loeb declined to end his proxy solicitation on that basis, insisting that there could be no settlement unless he was personally appointed to the board. The board continues to believe that Mr. Loeb himself does not bring the relevant skill set and experience to the board, particularly in comparison to the candidates selected by the board. In addition, we believe that, based on the specific qualifications of Third Point’s nominees relative to Yahoo!’s business and opportunities, the candidates nominated by the board’s Nominating and Governance Committee are significantly superior to those proposed by Third Point. Nevertheless, we want to emphasize that we remain committed to an open dialogue with all our shareholders and to working in a constructive manner with Third Point.

At the end of the day, we recognize that you, our shareholders, will make the decision as to the board you want to lead your company. We are confident that when you assess our new board’s qualifications against Third Point’s slate, you will come to the same conclusion that we did—that this is the right board with the right mix of skills and experience to lead the company forward to create value for shareholders. We also recognize that we have a great deal of work to do to support and challenge the management team to move the company forward fast. We intend to keep ourselves and the company focused and we do not intend to let ourselves be distracted from the work at hand.

Yahoo! is looking forward, focused on delivering superior value to all of our shareholders. We are building momentum with a great leadership team, unified in focusing the company on its core strengths, redeploying resources to the most productive areas of the business, and equipping the company to invest in growth and innovation. Your new board includes individuals who have proven operating expertise in media, advertising, marketing, Internet, technology, and finance, and have consistently proven to be thoughtful and responsible stewards of shareholder value, with a strong emphasis on disciplined capital allocation and a willingness to embrace structural change. They are already contributing to the rigorous action plan to realize Yahoo!’s potential and deliver increased value for shareholders.

With new leadership and the new board, we are building a stronger, nimbler, more profitable Yahoo! that is better equipped to innovate for our customers and will ultimately increase the value of Yahoo! for all shareholders.

You can read more about Yahoo!’s actions to move the company forward and create shareholder value at http://yahooforward.com.

Thank you for your support.

Yahoo! Board of Directors

Carol Bartz Gives Some Straight-Talkin' Advice

Kara Swisher — Thu, 12 Apr 2012 19:00:00 +0000

Today, Bloomberg Businessweek is releasing its second “How To” issue, in which the magazine asked over 60 well-known people how to handle “real world problems big and small … from how to make coffee at home to how to save Greece, and even tell readers how to buy a supertanker and a dinosaur.”

Okey doke!

My favorite is one from Carol Bartz, titled “How to Speak Your Mind,” which made me dearly miss the mind-speaking stylings of the ousted Yahoo CEO. Well known for her ability to toss off a curse like it was breathing, she knows of what she speaks.

“Agreeing is easy,” she says. “Disagreeing takes more guts.”

Word. (That’s her above giving me the business at our seventh D: All Things Digital conference in 2009.

Here’s her priceless advice on the subject:

If you’re going to be a straight talker, you have to believe that it’s a virtue, that it’s an attribute you want associated with yourself. If you have an opinion and you just state it, it allows the other person to either try to change your opinion, to agree with you, or to agree to disagree — they have an action they can take. If you are quiet, people think you agree. How can you then further the conversation when you’re at different points and it’s not really exposed? Agreeing is easy. Disagreeing takes more guts. Several years back, when I was CEO at Autodesk, there was a very senior-level woman who was very smart and well-spoken, but she did not wear appropriate clothes. It was distracting and she was not being taken seriously. I said to her manager, who was male, “You need to tell her.” He said, “Oh, no way.” So I called her in and frankly stated what I thought was happening. I told her, “You’re not getting the respect you deserve.” I said, “Go to Nordstrom’s and get a personal shopper. Just say, ‘I’m a senior businessperson and need help dressing like one.’” She came back, and honest to God, it was a different person. She said she felt really good. And her currency went way up. Early in my business career, if people asked me a question, I’d try to answer it honestly. And that was rewarded. I had managers who wanted me around because I would actually tell them what was happening. I was raised by my gram, and she was a pretty straight talker because she thought you could handle it. My advice is, dip your toe in. If you’re honest and truthful, what is somebody going to say, that you’re stupid because you believe something? Being honest and truthful is part of being a good friend, a good associate, and a good leader. It’s also why I know I could never be a politician.

Health Help: Former Sun CEO Jonathan Schwartz Talks About New CareZone Start-Up (Video)

Kara Swisher — Wed, 15 Feb 2012 05:01:08 +0000

I certainly was not expecting the kind of start-up that former Sun Microsystems CEO Jonathan Schwartz — he of the fantastic ponytail — showed off to me at AllThingsD.com Global HQ earlier this week.

No enterprise. No servers. No software.

Instead, a very intriguing new social networking site called CareZone, aimed at helping people managing chronic health care issues, whether it be elderly parents, sick children or others.

The private site, subscription-based and without advertising, feels like Facebook for dealing with illness, creating an online community among family members, as well as others involved in the care.

Among the features: Profiles, journals, contacts, medication information and a lockbox for key files such as advance directives, to-dos and notes.

Having just endured my own health care issue, I can tell you all the things to take care of become pretty complex and confusing, and are mostly done via email, paper and phone calls.

Schwartz said the idea came from his own difficult experience with his child, who has a chronic illness, as well as a recent health crisis his father had.

He is bootstrapping the seven-person start-up, based in San Francisco, which he founded with Apple and Microsoft vet Walter Smith, who is CareZone’s CTO.

The cost is $48 a year, or a monthly fee of $5, for a each patient.

Here’s the video interview I did with Schwartz on CareZone:

[ See post to watch video ]

Exclusive: Yahoo Asia Deal Talks Off for Now

Kara Swisher — Tue, 14 Feb 2012 18:10:17 +0000

According to sources close to the situation, the discussions between Yahoo and its Asian partners have hit a potentially deal-breaking impasse over the efficacy of the centerpiece of the complex negotiations — a cash-rich split-off — and several other issues.

Sources said talks have halted for now over an arrangement with China’s Alibaba Group and Japan’s SoftBank, designed to save the Silicon Valley Internet giant over $4 billion in U.S. taxes. The deal values Yahoo’s lucrative stakes in Alibaba and Yahoo Japan at around $17 billion.

Of course, such volatility is part of any complicated negotiation. This one is a doozy, and on a global scale.

Thus, progress could resume at any time and could manifest itself in a different manner, such as a taxable transaction.

Teams from all sides were just in Hong Kong this week in the latest round of discussions, which seems to have spurred the new issues, which include over-valuation.

“Getting to the promised land has been very hard,” said one person close to the situation, noting that there have been several increasingly challenging parts of the deal.

That includes all the frantic machinations around the talks, which have — to be fair — broken down significantly before, including around the holidays.

Those have gotten back on track, but sources on all sides noted there has been a toll as the agreements have gotten more advanced.

“The cumulative effect of all the disagreements of a deal already on the edge has not helped matters,” said one person.

In addition, as I have previously noted, time is brain, and circumstances at Yahoo and in Asian have shifted a great deal since the talks began in the Fall. Yahoo has a new CEO, Scott Thompson, and has just had an important board shake-up, even as the value of its Asian stake has increased.

It is also not clear if the problems are limited to just the part of the deal with Alibaba, or with both partners. But several sources on the Asian side said that Alibaba and SoftBank are aligned closely on completing a joint deal, for which Alibaba has been negotiating loans to complete.

Now, those sources are characterizing the talks as completely stopped, blaming Yahoo negotiators for suddenly shifting course on what they want from the arrangement.

“The cash-rich deal seems dead now,” said one source.

For its part, sources close to Yahoo said that it has not walked away from discussions, noting this might be a ploy on the part of its Asian partners, although they did acknowledge that there have been increasing difficulties coming to an agreement.

Still, they stressed that Yahoo was committed to trying to do some sort of deal, and the latest problems might only signal a temporary retrenchment. Yahoo is likely to make some sort of statement on the issue soon.

The collapse of talks is still sudden, since negotiations had been moving forward, if glacially, with definitive agreements in draft and contemplation of possible properties to include in the deal. That’s because the cash-rich split-off requires part of the agreement be made up of operating assets.

As you can see here, in a Wall Street Journal chart, it’s a pretty complicated deal:

And, in his goodbye letter upon announcing his pending departure as chairman of Yahoo, while publicly acknowledging them, Roy Bostock did note the possibility of the talks not working out because of that.

“We are also in active discussions with our partners in Asia regarding the possibility of restructuring our holdings in Alibaba Group and Yahoo! Japan. The complexity and unique nature of these transactions is significant. While we continue to devote significant resources to these discussions, we are not in a position at this time to provide further detail or to provide assurance that any transaction will be achieved.”

That will likely be a disappointment to investors, who have bid up shares in anticipation of such a deal occurring. Yahoo’s stock is now trading in the $16 range, well up from earlier this year.

(Update: Yahoo shares dropped significantly since my report, down more than 5 percent now, with Wall Street giving any end to the talks a thumbs-down.)

The situation could now land on the already heavy plate of Yahoo’s new leader, Thompson, who has been dealing with a number of pressing issues at the company since he arrived last month.

Welcome to the dollhouse, Scott!

More to come, of course.

And, for the record, no comments all around. (But I tried!)

Airbnb Hires Former Yahoo Legal Eagle Belinda Johnson as General Counsel

Kara Swisher — Fri, 09 Dec 2011 15:44:49 +0000

Airbnb, the San Francisco online vacation rentals start-up, said it has hired a key former Yahoo lawyer, Belinda Johnson, as its new general counsel.

The legal issues at Airbnb are both interesting and challenging, all around the new arena of global sharing or, as the company calls it, “collaborative consumption.”

Johnson is one of several recent major hires by Airbnb, which has been adding more seasoned execs to its team of late. Other recent key Airbnb hires include Monroe Labouisse as head of trust and safety and customer service, and Vivek Wagle as head of content.

Johnson left Yahoo several months ago as its deputy general counsel, after a long tenure there working on a wide variety of issues.

Among other things, she oversaw legal strategy for Yahoo’s global products, and worked on deals like its search and advertising alliance with Microsoft. Johnson came to Yahoo from its Web 1.0 acquisition of Broadcast.com, where she had served as general counsel.

She attended both college and law school at the University of Texas.

Exclusive: Groupon Prices at $20 a Share; More Than 10x Oversubscribed, So It Adds 5M More Shares

Kara Swisher — Thu, 03 Nov 2011 22:51:26 +0000

Groupon has priced its public offering at $20 a share, several dollars above the expected price range of $16 to $18. That will garner $700 million for the start-up, which is only several years old, at a valuation of close to $13 billion.

The offering for the Chicago-based daily deals site — which has had a controversial IPO process — was well upwards of 10 times oversubscribed, meaning there was a lot more demand than supply of its stock.

To alleviate the difference, Groupon has apparently added five million more shares to its offering, totaling 35 million shares sold.

Groupon has endured an unusual amount of criticism over a variety of issues — including accounting treatments, executive turmoil and growth prospects. But investors did not seem to mind all the noise and clamored to get into a possibly lucrative IPO.

The relatively small float of shares — about six percent of total — and that intense interest allowed Groupon to cherry pick its new shareholders.

It will be interesting to see if, as it endured loud critics when it was private, if short sellers will pile onto the social buying company now that it is public.

Executives from Groupon, including its CEO Andrew Mason (who has seemed to have gotten a nice haircut and suit for occasion), have been hawking the company — which sells an assortment of discounted services from a variety of local merchants — to investors all over the country over the last several weeks.

The company is set to go public tomorrow under the GRPN ticker on the NASDAQ.

HuffPost at One Biiiilllliiion Monthly Page Views: More Buying, More Launching, More Hiring

Kara Swisher — Mon, 03 Oct 2011 08:15:40 +0000

The Huffington Post Media Group, which says it has topped one billion page views for the month of August, has bought an online grassroots platform called Localocracy.

The price for the site, whose key execs will join the AOL content unit, is under $1 million, said sources close to the situation.

The HuffPost also announced it was hiring Lisa Belkin from the New York Times to be a senior columnist covering parenting and family issues.

The latest hiring and purchase are part of a number of moves at the news and blog site, which has been frantically expanding its offerings since it was acquired by AOL.

That now includes four more sections launching this week — Huff/Post50; HuffPost Gay Voices; HuffPost Weddings; and HuffPost High School — bringing the grand total of new sites to 21 since the Huffington Post officially merged with AOL in March.

“We want to launch sections for every interest and passion our readers have.” said HuffPost head Arianna Huffington in an interview yesterday. “Whatever your interest, we want to provide the latest content and stories and most advanced tools for engagement.”

And, presumably, get the most traffic from it all. Along with the record one billion page views, the site also said it had 37 million unique visitors in August, the largest number it has posted yet, with 5.1 million comments.

Here’s the official press release for the whole kitchen-sink shebang:

The Huffington Post Media Group Makes Key Announcements:

Acquires Localocracy, Pioneering Online Grassroots Platform, and Hires its
Leadership Team: Conor White-Sullivan, Aaron Soules and Jay Boice

Launches Four Huffington Post Sections This Week: Huff/Post50, with Rita Wilson as Editor-at-Large; HuffPost Gay Voices; HuffPost Weddings; and HuffPost High School; Group is latest of 21 new sites since The Huffington Post Merged with AOL in March

Hires Lisa Belkin from The New York Times as Senior Columnist
Covering Parenting, Work/Life Balance, and Family

Announces Record Huffington Post Size and Engagement, with Largest Number of UVs and Comments Ever, and Site Topping 1 Billion Page Views for First Time

New York, NY — October 3, 2011 – The Huffington Post Media Group (“HPMG”), a leading source of news, opinion, entertainment, community and digital information, today makes several key announcements: (1) HPMG is acquiring Localocracy, a groundbreaking online engagement platform enabling citizens to solve problems in their communities, and its founders, Conor White-Sullivan and Aaron Soules, and technology lead, Jay Boice, are joining the Huffington Post Media Group to work on the intersection of editorial and technology, and deepen the sites’ engagement with users; (2) The Huffington Post (“HuffPost”) is launching four sites this week; today, Huff/Post50, with Rita Wilson as editor-at-large; HuffPost Gay Voices; and HuffPost Weddings; tomorrow, HuffPost High School. They are the latest of 21 new verticals since The Huffington Post merged with AOL in March; (4) Lisa Belkin is joining HPMG as Senior Columnist from The New York Times, where she wrote the “Motherlode” blog. She’ll be covering parenting, work/life balance and family; and (5) HuffPost has recently achieved record size and engagement, with its largest number of UVs ever, 37MM*, and greatest number of monthly comments, 5.1MM. In an important milestone, the site also surpassed 1 billion page views for the first time.*

“I’m delighted to announce that Conor White-Sullivan, Aaron Soules and Jay Boice are joining our team,” said Arianna Huffington. “They’re pioneers in using the web to empower citizens to improve their towns, and their unique vision and talents will enable us to deepen our users’ engagement with our sites. We’re also excited to be launching HuffPost/50, HuffPost Gay Voices, HuffPost Weddings and HuffPost High School, the latest sections in our continued effort to provide content, community and a platform for expression for our readers’ every interest and passion. We’re also thrilled to welcome Lisa Belkin, who has built a large following with her writing on parenting and work/life balance issues, and who is a leader in online community building. She’ll be launching her ‘Parentlode’ blog on October 17th.”

Creating and Nurturing Online Communities to Make Lives Better

Localocracy was founded in Amherst, Massachusetts, in 2009 as an online forum encouraging citizens to engage in local issues, share concerns and opinions, and rank problem-solving ideas. Its goal was to surface problems and employ the power of persuasion to spotlight solutions to issues big and small. At HPMG, founders White-Sullivan and Soules will build on their innovative approach to enhancing local democracy while leveraging HPMG’s powerful online community platform to engage its large and networked audience. Also joining the Group from Localocracy is Jay Boice, who will be instrumental in building new technologies to support enhanced online community interaction.

Said Conor and Soules: “What we’ve learned with Localocracy is that by harnessing user-generated content, we’re able to unleash a lot of people power. Our methodology is simple: we believe that everyone is an expert about something, so we want to give voice to that expertise and allow an exchange of ideas for all to see and participate in. We’re excited to be teaming up with The Huffington Post Media Group, a leader in social news and user engagement, and look forward to pushing the boundaries of what can be done when combining journalism and technology for the common good.”

Four New Sites; Four New Communities

The Huffington Post Media Group announces today the launch of four destination sites: Huff/Post50 (www.huffingtonpost.com/50), HuffPost Gay Voices (www.huffingtonpost.com/gay-voices) and HuffPost Weddings (www.huffingtonpost/weddings). Each offers HuffPost’s unique combination of real-time news and opinion, and passionate communities powered by a leading social news platform.

HuffPost/50 — whose Editor-at-Large is actress, producer and writer Rita Wilson — covers the challenges, complexities and joys facing the boomer generation, now 77 million people strong. It spotlights boomers who fearlessly tackle new challenges in the spirit of reinventing themselves, regardless of age, and encourages boomers to question conventional wisdom about aging. Topics being covered include: longevity, relationships and sex, politics, the intense “sandwich” pressure of simultaneously taking care of aging parents and children, retirement, spirituality and religion, friendship, politics and dying.

The site is meant to be thought-provoking yet also humorous and life-affirming, and while encouraging boomers to seize the present, Huff/Post50 welcomes reflection and the sharing of hard-earned wisdom. The site is a rare platform for people 50 and older who want to share what’s on their minds. Bloggers on the section include: Bill Maher, ABC News’ Christiane Amanpour, and musicians Ann and Nancy Wilson.

Said Rita Wilson: “The idea that we boomers are somehow supposed to wind things down as we get older completely escapes me. Exploring the minds and hearts of this group of people is exciting. It’s never too late to mix things up, change your life, to get to what you really should be doing — or want to be doing. As Mark Twain said, ‘Age is an issue of mind over matter. If you don’t mind, it doesn’t matter.’”

HuffPost High School, launching tomorrow, is a place for teens to engage with one another about what’s really happening in their lives — socially, academically, and culturally. The site features some of the nation’s top high school journalists and is a dynamic platform for teen bloggers. It’s a go-to guide for everything teens care about, from college prep, the nuances of social networking, culture, and celebrity gossip to high school sports, comedy, politics, the prom and beyond.

HuffPost Gay Voices, also launching today, covers the complexities of the LGBT community, from family and faith to politics and sexuality. The section covers news, culture, and trends, and offers opinion that spotlights all matters of interest to the LGBT community. The site fearlessly looks at powerful yet silent influences on identity and relationships, such as class, race and religion. HuffPost Gay Voices features everything from travel, style and entertainment to politics, personalities and health. Launch week bloggers include Christine Quinn, Margaret Cho and Bruce Vilanch. The Human Rights Campaign is Gay Voices’ inaugural sponsor.

HuffPost Weddings, the third section launching today, has comprehensive coverage of weddings and marriage from all angles, from untraditional wedding cakes and exotic dream honeymoons, to the more practical, including tips on navigating the world of wedding planners, contemporary wedding etiquette, and more. The site will spark discussions about everything from managing the family politics of inter-faith ceremonies and the nuances of gay weddings to the latest proposal video gone viral. And while HuffPost Weddings is meant as a one-stop-shop of advice with a supportive community for those planning their weddings, it also appeals to a wider audience interested in the culture and mores of modern weddings planning, weddings, and marriage. Bloggers on the site include: Heidi Klum; Kelly Meyer; celebrity wedding planners Mindy Weiss, Sharon Sacks, Preston Bailey, and Colin Cowie; designers Nanette Lepore, Angel Sanchez, Reem Acra; and more.

Rapid HuffPost Expansion; Record Audience and Engagement

The Huffington Post’s rapid expansion has only intensified following its merger with AOL in March. The site recorded its largest number of unique visitors per month last month — 37 million* — and also surpassed 1 billion page views for the first time. In addition, HuffPost’s engaged community continues to grow, posting a record 5.1 million comments in August.

With the four sites launching this week, HuffPost will have debuted 21 sections since the merger, all listed here:

• Huff/Post50
• HuffPost BlackVoices
• HuffPost Canada
• HuffPost Canada Living
• HuffPost Celebrity
• HuffPost Culture
• HuffPost Gay Voices
• HuffPost High School
• HuffPost LatinoVoices
• HuffPost Locals: San Francisco, D.C
• HuffPost Parents
• HuffPost San Francisco
• HuffPost Small Business
• HuffPost Travel
• HuffPost UK
• HuffPost UK Tech
• HuffPost UK Universities & Education
• HuffPost Women
• StyleList
• StyleList Home

(*comScore, Aug. 2011)

Zuckerberg Tops Vanity Fair's "New Establishment" List Again (And Look Who's No. 40)

Kara Swisher — Thu, 01 Sep 2011 04:00:13 +0000

Vanity Fair magazine put out its high-profile “New Establishment” list of the top 50 people, who are “an innovative new breed of buccaneering visionaries, engineering prodigies, and entrepreneurs, who quite often sport hoodies, floppy hair, and backpacks.”

The hoodie part would be referring to Facebook CEO and co-founder Mark Zuckerberg, who topped the list — which is in the just-released October issue — for the second year in a row.

The Vanity Fair list was packed with Silicon Valley luminaries.

The No. 2 spot went to the hopelessly conjoined twins at Google, CEO Larry Page and his co-founder Sergey Brin. Amazon’s Jeff Bezos was No. 3, followed by newly born CEO Tim Cook and top product guy Jonathan Ive of Apple at No. 4, with Twitter creator and Square founder Jack Dorsey at No. 5.

Interestingly, super-VCs Mark Andreessen and Ben Horowitz clocked in this year at No. 6.

The digitally fast-forward Lady Gaga was the top woman on the list at No. 9, in front of “Harry Potter” author J. K. Rowling at No. 16.

And, clocking in at No. 40? Why, me and my partner-in-crime at AllThingsD, Walt Mossberg. He is apparently a “kingmaker” of tech and I do “juicy exclusives.”

That actually is pretty accurate. More importantly, we were ranked higher than Justin Timberlake and Ashton Kutcher. In other words: Mission accomplished!

We also beat the Angry Birds dudes at No. 49, whom my two kids would nonetheless have voted tops over their mom any day of the week and twice on Sunday.

In addition, Vanity Fair broke off a list of 25 “Powers That Be,” which is made up of a lot of longtime “New Establishment” folks, as well as another list called the “Hall of Fame.”

“These are the people who have shaped the world we live in today — and continue to wield enormous influence,” said Vanity Fair, which translates into dustier moguls.

Topping the powers-that-be, of course, is Apple’s co-founder and Chairman Steve Jobs. And outgone Google CEO and now Executive Chairman Eric Schmidt is now enshrined in the hall of fame.

As Walt and I head to a good table at the Minetta Tavern to meet the cool peeps for a celebratory drink, here is the official press releases from Vanity Fair:

FACEBOOK FOUNDER MARK ZUCKERBERG TOPS VANITY FAIR’S NEW ESTABLISHMENT LIST FOR THE SECOND YEAR IN A ROW

Sergey Brin and Larry Page Take No. 2 Spot, Lady Gaga Jumps to the Top 10 of Tech-Dominant List

NEW YORK, N.Y. — “The Age of Information gives way to a burgeoning Age of Technology,” announces Graydon Carter, remarking on the “seismic shift in interest and influence” that has occurred in the 17 years that Vanity Fair has been ranking America’s power players. The magazine’s 2011 New Establishment list identifies the top 50 of an innovative new breed of buccaneering visionaries, engineering prodigies, and entrepreneurs, who quite often sport hoodies, floppy hair, and backpacks.

Mark Zuckerberg, founder of the inescapable social-networking site Facebook, maintains his perch at the top of Vanity Fair’s 17th annual New Establishment List ranking for the second year in a row. With a possible I.P.O. on the horizon by 2012, which could value the company anywhere between $50 and $100 billion, Facebook has enough clout to worry even the unshakable Google. Zuckerberg is still the youngest person ever to top the list.

Sergey Brin and Larry Page, co-founders of Google, are in the No. 2 spot this year, closing in on Zuckerberg as they jump up one spot, from No. 3 in 2010. Eric Schmidt, who appeared on the list last year with the duo, has since been pushed out of the C.E.O’s office, replaced by Page. Despite reports of an anti-trust investigation, Google has been setting its sites on Facebook by concentrating on strategic initiatives, such as engineering social-networking features.

Rounding out the top five are Jeff Bezos, of Amazon, at No. 3, Tim Cook and Jonathan Ive, of Apple, at No. 4, and Twitter and Square founder Jack Dorsey, at No. 5.

Lady Gaga makes an appearance for the second year in a row. Coming in at No. 9, she is the highest-ranking woman on the list, in front of J. K. Rowling at No. 16, Sheryl Sandberg, of Facebook, at No. 26, Angela Ahrendts with Christopher Bailey, of Burberry, at No. 30, Natalie Massenet at No. 32, and Kara Swisher with Walt Mossberg at No. 40. At 25 years old, Gaga is also the youngest person on the list — not a surprise for someone whose fans managed to crash Amazon’s servers in their desperation to download her third album.

Youthful energy is spread throughout this year’s list with 15 members under the age of 40, including Zuckerberg, Brin and Page, Dorsey, Lady Gaga, Andrew Mason, Sean Parker, Ryan Kavanaugh, Jeremy Stoppelman, Ashton Kutcher, Dennis Crowley, Daniel Ek, Mikael Hed and Niklas Hed, and Justin Timberlake.

There are 14 billionaires on the list: Zuckerberg, Brin and Page, Bezos, Mark Pincus, Michael Moritz, J. K. Rowling, Jim Breyer, Reid Hoffman, Herbert Allen III, Yuri Milner, Robin Li, Parker, and Peter Thiel.

Five member of the New Establishment are actively involved in space exploration, including Brin, Elon Musk, Bezos, Thiel, and Dennis Crowley. Eight of the New Establishment nominees can count themselves members of the ever growing Stanford Mafia; they include Brin, Page, Reed Hastings, Jim Breyer, Hoffman, Musk, Thiel, and John Hennessy.

The New Establishment, Vanity Fair’s annual ranking of the top leaders of our time, is made up of owners, creators, buyers, thinkers, and innovators — the movers and shakers in the worlds of technology, media, business, politics, entertainment, and fashion. These men and women are the taste-makers and trendsetters, opinion formers and agenda creators, not to mention empire builders. Entry into the ranks of Vanity Fair’s list is based on a number of factors: wealth, influence, and philanthropy, as well as such intangibles as vision and the x factor.

The October issue of Vanity Fair will be on newsstands in New York and L.A. on September 1, and nationally and on the iPad September 6.

THE VANITY FAIR NEW ESTABLISHMENT

1. Mark Zuckerberg, Facebook
2. Sergey Brin and Larry Page, Google
3. Jeff Bezos, Amazon
4. Tim Cook and Jonathan Ive, Apple
5. Jack Dorsey, Square, Twitter
6. Marc Andreessen and Ben Horowitz, Andreessen Horowitz
7. Reed Hastings, Netflix
8. John Lasseter, Pixar, Walt Disney Animation Studios
9. Lady Gaga, singer
10. Dan Doctoroff, Bloomberg L.P.
11. Dick Costolo, Twitter
12. Mark Pincus, Zynga
13. Jim Breyer, Accel Partners
14. Tim Burton, Johnny Depp, and Graham King, Movies
15. Michael Moritz, Sequoia Capital
16. J. K. Rowling, Harry Potter
17. Trey Parker and Matt Stone, South Park
18. Reid Hoffman, Greylock Partners, LinkedIn
19. Herb Allen III, Allen & Co.
20. Judd Apatow, Apatow Productions
21. Jay-Z, Roc Nation
22. Todd Phillips, Green Hat Films
23. Yuri Milner, DST Global
24. J. J. Abrams, writer, director, producer
25. Robin Li, Baidu
26. Sheryl Sandberg, Facebook
27. Andrew Mason, Groupon
28. Jon Stewart and Stephen Colbert, television
29. Mark Wahlberg and Stephen Levinson, Leverage
30. Angela Ahrendts and Christopher Bailey, Burberry
31. Elon Musk, Tesla Motors, Space X
32. Natalie Massenet, Net-a-Porter Group
33. Paul Graham, Y Combinator
34. Sean Parker, entrepreneur
35. Fred Wilson, Union Square Ventures, Flatiron Partners
36. Peter Thiel, Founders Fund, Clarium Capital Management
37. Peter Jackson, Wingnut Films
38. Ryan Kavanaugh, Relativity Media
39. Mike Allen, Politico
40. Walt Mossberg and Kara Swisher, All Things D
41. John Hennessy, Stanford University
42. Jeremy Stoppelman, Yelp
43. Ashton Kutcher, actor, investor
44. Tyler Perry, director, producer, writer, actor
45. Dennis Crowley, Foursquare
46. Kevin Ryan, Gilt Groupe
47. Daniel Ek, Spotify
48. Henry Blodget, Business Insider
49. Mikael Hed, Niklas Hed, and Peter Vesterbacka, Rovio
50. Justin Timberlake, singer, actor

STEVE JOBS HOLDS THE TOP SPOT ON VANITY FAIR’S LIST OF THE POWERS THAT BE

Embattled News Corp. Chairman Rupert Murdoch in the Top 5

NEW YORK, N.Y. — This year Vanity Fair inaugurates a list of the Powers That Be. These are the people who have shaped the world we live in today — and continue to wield enormous influence. Many are longtime New Establishment members, and their destinies are intertwined with the members of this year’s New Establishment.

Steve Jobs, of Apple, holds the top spot on the list of the Powers That Be. Since Jobs took control of the company 14 years ago, the stock’s share price has risen more than 6,500 percent. At the height of the debt crisis in late July, Apple had more cash on hand than the U.S. government.

Bernard Arnault, of luxury-goods company LVMH, ranks in the No. 2 spot. As an overseer of countless enduring luxury brands, Arnault has left his mark on the industry. Last year he spent $2 billion to accumulate a 20 percent stake in family-controlled but publicly traded Hermès.

Mayor Michael Bloomberg is No.3 on this year’s list while News Corporation chairman Rupert Murdoch comes in at No. 4. The tumultuous News of the World scandals this year have shaken the media baron, but also shown his staying power in the face of just about anything. Brian Roberts and Steve Burke, of Comcast, NBCUniversal, who recently acquired the U.S. media rights to the Olympic Games through 2020, are No. 5.

Jill Abramson is the highest-ranking woman out of six on the list, at No. 9. She is followed by Angelina Jolie with Brad Pitt at No. 11, Sue Naegle with Richard Plepler and Michael Lombardo at No. 15, Anne Sweeney with George Bodenheimer at No. 22, Bonnie Hammer at No. 24, and Arianna Huffington with Tim Armstrong at No. 25.

Because some power is permanent, Vanity Fair nominates a number of regulars to the Hall of Fame this year. Warren Buffett, of Berkshire Hathaway, joins Barry Diller and Diane von Furstenberg, Tom Ford, actor Tom Hanks, and designer Karl Lagerfeld. Network impresario Oprah Winfrey, Jeffrey Katzenberg, of DreamWorks Animation, and talk-show host Charlie Rose all make the ranks as well.

The October issue of Vanity Fair will be on newsstands in New York and L.A. on September 1, and nationally and on the iPad September 6.

THE POWERS THAT BE

1. Steve Jobs, Apple
2. Bernard Arnault, LVMH
3. Michael Bloomberg, mayor, New York City
4. Rupert Murdoch, News Corporation
5. Brian Roberts and Steve Burke, Comcast, NBCUniversal
6. François-Henri Pinault, PPR
7. Bob Iger, Walt Disney Company
8. Jeffrey Bewkes, Time Warner
9. Jill Abramson, The New York Times
10. Steve Ballmer, Microsoft
11. Brad Pitt and Angelina Jolie, movies, philanthropy
12. Diego Della Valle, Tod’s
13. Roman Abramovich, investments
14. Mickey Drexler, J. Crew
15. Richard Plepler, Sue Naegle, and Michael Lombardo, HBO
16. Larry Gagosian, Gagosian Gallery
17. Harvey and Bob Weinstein, the Weinstein Company
18. Marc Jacobs, designer
19. Lorne Michaels, Saturday Night Live
20. David Zaslav, Discovery Communications
21. Jean Pigozzi, investments, art
22. George Bodenheimer and Anne Sweeney, Disney Media Networks
23. Vivi Nevo, NV Investments
24. Bonnie Hammer, NBCU Cable Entertainment and Cable Studios
25. Tim Armstrong and Arianna Huffington, AOL Huffington Post Media Group

HALL OF FAME

Edgar Bronfman Jr., Warner Music Group
Warren Buffett, Berkshire Hathaway
Ron Conway, angel investor
Philippe Dauman, Viacom
Barry Diller and Diane von Furstenberg, IAC, DVF
John Doerr, Kleiner Perkins Caufield & Byers
Larry Ellison, Oracle Corporation
Tom Ford, designer/filmmaker
Ted Forstmann, IMG Worldwide
Tom Freston, Firefly3
Brian Grazer and Ron Howard, Imagine Entertainment
Tom Hanks, actor
Jeffrey Katzenberg, DreamWorks Animation
Vinod Khosla, Khosla Ventures
Karl Lagerfeld, Chanel
Ralph Lauren, Polo Ralph Lauren
John Malone, Liberty Media
Ron Meyer, Universal Studios
Leslie Moonves, CBS
Ronald Perelman, MacAndrews and Forbes
Miuccia Prada, Prada
Charlie Rose, talk-show host
Eric Schmidt, Google
Terry Semel, investor
Oprah Winfrey, OWN

(Full disclosure: Readers who look closely at the list will notice that all things ATD senior editor Peter Kafka is listed as a contributor. This is true! Also true: Peter wrote biographical entries for several people on the list, but has zero input on its composition. He tells us he had no idea that we were being considered for inclusion, and we believe him. He also says that had he been asked for his opinion, he would have voted for us, his bosses, to be included. We also believe that.)

Worried About IPO Filing Backlash, Groupon Surveys Consumer and Merchant Reaction

Kara Swisher — Thu, 07 Jul 2011 10:05:35 +0000

Groupon’s S-1 filing for an IPO last month certainly got a lot of ink.

Unfortunately, much of it was negative, focused on several controversial parts of the document. Most scrutinized were large slugs of money taken out of the social buying site by its founders, as well as aggressive accounting terminology to make large losses look less, well, large.

Rattled by the intense media and analyst reaction to the filing, sources said the Chicago-based company commissioned a poll of its consumers and merchants to gauge the impact.

One source familiar with the survey said that top execs and its board wanted concrete reaction from key constituencies, instead of relying on “noise from the echo chamber” of Wall Street and Silicon Valley.

And, said several people who had seen the poll, it should probably come as no surprise that the impact of the drumbeat of Groupon-is-doomed news on merchants and consumers was low, with only one percent saying that they had formed a negative opinion of the company from the filing.

That, of course, does not mean that those important groups for Groupon aren’t disgruntled about a whole laundry list of other issues.

But — for now, at least — an S-1 with some warts isn’t one of them.

Whatever the case, Groupon will continue to face scrutiny as it moves to amend the filing after comments from government regulators, and also when it reports its latest financial results soon for the three months ended June 30, 2011.

And those are numbers that everyone will surely be paying attention to.

Dancing Queen: After Meeting With Microsoft Last Week, Yahoo Is Next on Hulu's Sales Card

Kara Swisher — Tue, 05 Jul 2011 19:05:02 +0000

Here’s a handy helper for those following the fate of the Hulu premium online video service, whose noisy efforts to sell itself have gotten a lot of attention of late:

“In preliminary talks” = “hawking itself to one of a half dozen big moneybag tech companies who will visit with Hulu’s bankers and management to see its presentation at Morgan Stanley’s office in Century City in Los Angeles.”

Last Friday, for example, that meant a look-see for Microsoft execs, to show the software giant the story of how paying top dollar for the popular Hulu would be a great investment.

This week, sources said, Yahoo will get the expected gander at the books too, among the other companies targeted by Hulu as part of a sales process in its very early stages.

Among those companies on the short list, sources said, along with Microsoft and Yahoo are: Google, Verizon, AT&T and Amazon.

None of these should come as a surprise, since they all have a big interest in the digital distribution of content business.

Google is perhaps the most interesting and difficult of the group, due to both its massive YouTube unit and the even more massive interest by government regulators about its disturbing massiveness.

Amazon is the company that seems most suited as a Hulu buyer, since it already makes its business selling and distributing content. In addition, Hulu CEO Jason Kilar was a former exec — bringing a certain level of familiarity and presumably much less of the grumpy disgruntlement that he experienced with Hulu’s current media giant owners.

Microsoft seems like the longest shot and least enthusiastic, although it certainly could afford it.

As for Yahoo: Good lord, it needs something sexy to tell weary investors.

Not in the initial round, but other possible acquirers Hulu is targeting: Facebook, Netflix, Samsung and Liberty Media.

And definitely not among those kicking the tires: Disney, News Corp. and Comcast, the trio of partners who own Hulu, along with Providence Equity Partners.

The big question, of course, is whether media-focused Apple — a notorious buyer of almost nothing — would be interested in Hulu.

These blind dates with the best possible buyers will presumably give each insight into Hulu’s business and give Hulu information on what they are looking for.

Sources who have heard the pitch said Hulu is positioning itself as an inevitable competitor to cable, which seems an odd position to take, unless it can get regular access to the kind of top-drawer content that consumers want.

And that will be the most important issue for anyone buying Hulu: The time and terms of rights to the television and movie content on the site, which has been a critical part of its success.

Buyers I have interviewed said Hulu has to offer at least an 18-month license for its content and a pile of rights to hit shows to differentiate itself from competitors.

As Peter Kafka wrote, Hulu buyers would indeed get exclusive content, but with strings attached.

He also noted that the latest content licenses for Hulu’s owner/partners — Disney’s ABC and News Corp.’s Fox — have recently been completed, deals that will stay intact if Hulu is sold.

Unlike Netflix, which has had to pay top dollar for a small pile of premium content while deftly using a large archive of older content to attract subscribers, Hulu’s success has had a lot to do with more access to popular current shows offered by its media giant owners.

Those shows include TV hits such as “The Office” and “Glee.”

That access has become a point of contention with those owners, who have differed with Hulu management about what comes next for the mostly advertising-supported site, even though its slick product has been a clear hit with consumers.

Of course, some speculate that Hulu might not sell at all, just as it never went public as it had said it might do previously. In that case, it will be interesting to see what will become of Hulu once the music stops.

(And, if anyone would like to email me the Hulu presentation or notes on it, please do, so I can formulate a bid myself!)

But, until this deal churns slowly, leakily and loudly forward — let’s enjoy some apt Hulu content. As usual, the fun version of ABBA’s “Dancing Queen” by the kids from “Glee” was not available on the site.

Thus, I selected frequent “Glee” guest star Gwyneth Paltrow belting out Joan Jett’s “Do You Wanna Touch Me” on the show, as a good alternate metaphor for the sales process:

Should the Next Commerce Secretary Be a Tech Exec (or Would It Cause a Schmidtstorm?)

Kara Swisher — Tue, 08 Mar 2011 14:30:14 +0000

Yesterday, the Obama administration dribbled out the news that it was going to nominate current Commerce Secretary Gary Locke as the next ambassador to China.

If approved, Locke will surely have his hands full on a wide range of issues, many of them impacting the tech sector, including piracy, privacy and government-sponsored censorship.

Perhaps more interestingly, the move leaves open a post–which the Obama administration actually had a hard time filling initially–that could get a true turbocharge if it were filled by an exec from the fast-growing digital arena.

It’s not a bad idea, since tech is probably now the most critical business arena in the U.S. and one of the only markets in which this country innovates and excels at.

While the Commerce Department has a huge and disparate domain, from international trade to the census to promoting American businesses, its digital footprint has been much less profound than the industry’s increasing importance to the U.S. economy.

After all, despite some interesting international efforts, most of the current crop of tech stars are U.S. born and bred and leading the way in digital innovation.

In fact, every big trend right now in value creation are all coming out of tech.

Gaming? Zynga.

Social networking? Facebook and Twitter.

Retail? Groupon.

Mobile? Google and Apple.

So, why not pick a business person from the area to lead the government agency dedicated to business?

But that’s where it gets dicey.

One more obvious candidate would be outgoing Google CEO–and Obama favorite–Eric Schmidt.

I would assume he might welcome such a prominent post, although putting him in place at Commerce would be a tough road.

Issue one and only: The investigations of Google’s aggressive business practices by federal regulators make this an awkward decision for Obama, given Schmidt would be open to a lot of scrutiny going through confirmation.

But there is a long list of others who could be considered to serve, especially if you think well outside the box.

What about former Xerox CEO Anne Mulcahy, who certainly has the management cred?

Or mega-VC John Doerr, who–despite his recent social fever–might finally get to push his beloved clean-tech agenda onto a larger stage?

What about Facebook COO Sheryl Sandberg, who recently showed she could deliver a boffo speech and who might lend some Silicon Valley magic to her former Washington, D.C. rep?

And while Amazon’s Jeff Bezos’ laugh would have a hard time getting Congressional approval, why not consider someone who has profoundly changed the way an entire business sector does business?

In that vein, Reed Hastings of Netflix also fits the bill.

Except these three execs are pretty busy these days. So, what about former eBay CEO Meg Whitman, whose failed bid to be California’s governor as the Republican candidate leaves her without a post.

President Barack Obama had picked a GOP pol as his second choice for Commerce head, in fact, so Whitman or even Cisco CEO John Chambers are not out of the question.

The point is to perhaps move outside the Beltway’s comfort zone and pick a Commerce Secretary who represents the future rather than the past.

Condé Nast Takes Another Crack at the iPad, With a Single-Serving App

Peter Kafka — Mon, 10 Jan 2011 23:31:48 +0000

Okay. So iPad magazine apps aren’t going to magically solve the publishing industry’s problems, after all. But that doesn’t mean publishers can’t find ways to take advantage of tablets.

Here’s one–instead of selling digital versions of paper magazines people can already get in their mailbox or at newsstands, cobble together special-edition apps using stuff you’ve already made.

That’s what Condé Nast has tried with its new “Best of Italy: Condé Nast Traveler” app. It’s a $4.99 compilation of the magazine’s earlier articles, and based on a brief flip-through, it works quite nicely.

And because it’s not a literal translation of a current title, the app sidesteps some of the problems that have plagued magazine apps: Print subscribers don’t feel like they’re being gouged by paying for something they’ve already bought. And jaded iPad owners can’t compare it to an existing issue and utter a bored sigh.

Meanwhile, Condé has signed on pasta maker Barilla to sponsor the app, so there’s not a whole lot of money at stake here for the publisher.

Condé already sells some paid iPhone apps, and has a couple of in-app purchases available for some of its free apps, but you should expect to see more paid, standalone apps this year, most of which will utilize stuff the publisher already has in its archive.

Meanwhile, more optimistic publishers hold out hope that Google’s Android will give them what they want–the ability to sell subscriptions for magazine apps, and keep most of the revenue and all of the consumer information. And that once that happens, Apple will come around, too. Theoretically.

But even if magazine subscriptions get resolved, I’m not sure that solves publishers’ magazine app problems. The industry’s hope, at least for much of the last year, was that the iPad and other tablets would allow them to roll back not only the “content = free” ethos of the Web, but also the “subscriptions = really, really cheap” precedent they’d set up on their own.

But since publishers are still giving away print magazine subscriptions at fire-sale prices, it’s going to be hard to convince tablet owners to pay a penny more. And you can’t blame that one on Steve Jobs.

Tumblr Still Stumbling

Peter Kafka — Mon, 06 Dec 2010 18:44:27 +0000

Tumblr, the micro-blogging service that boasts astonishing growth stats and a big new funding round, now has something that it doesn’t want to brag about–a tech problem that has kept it dark for close to a day. Tumblr says it has been dealing with “an issue in one of our database clusters,” and promises to be back “shortly.”