CEO Daily: Thursday, May 14th

By John KellContributing Writer and author of CIO Intelligence
John KellContributing Writer and author of CIO Intelligence

    John Kell is a contributing writer for Fortune and author of Fortune’s CIO Intelligence newsletter.

    DuPont’s victory over Nelson Peltz won’t end corporate activism. But it may be a high water mark.

     

    The headlines this morning are trumpeting Peltz’s defeat in what Bill George dramatically called the “battle for the soul of corporate America.” Let’s do the math: Peltz bought his DuPont shares in 2013, at prices close to $50. Even with yesterday’s dip, the stock is now just under $70. Some defeat. As a strategy for earning above-market returns, activism still pays handsomely – which is why it will continue.

     

    Still, Peltz’s attack on DuPont’s Ellen Kullman – which, perhaps coincidentally, was his third straight campaign against one of the nation’s few female CEOs – was rightly viewed by shareholders as a step too far. Peltz deserves credit for his role in the rise of shareholder activism over the last three decades, before which even the least competent CEOs ruled imperiously until mandatory retirement. But Kullman was a bad target. Running a large public company is increasingly difficult in today’s rapidly changing world, and she was doing it well. Why rein her in? Moreover, DuPont is one of the few companies still putting significant resources into scientific research. That may cut cash in the short term, but it pays dividends for the company – and the economy – over time.

     

    Kullman also proved to be a tougher opponent than Peltz bargained for. Indeed, she changed the playbook for fighting activists. She adopted some of their own tactics, going on the offensive and opening up to the press, and she assiduously wooed shareholders. (To get the full inside story, read Stephen Gandel’s excellent account here.) We suspect other CEOs will be studying her moves in months to come, and learning from them.

     

    There will be other battles. But the activist tide has receded a bit, and that’s a good thing.

    Top News

     Big banks preparing for a big settlement

    The Justice Department is preparing to announce that five of the world's largest banks, including Barclays and J.P. Morgan Chase, will collectively pay several billions dollars and plead guilty to criminal antitrust violations for rigging the price of foreign currencies, people briefed with the matter told The New York Times. Most if not all of the pleas are expected to come from the banks' holding companies, those people said. That would be a first for Wall Street's largest players that until now have only seen their subsidiaries or big banking units plead guilty.  New York Times (subscription required)

    DuPont prevails over Nelson Peltz

    The activist investor, which waged a four-month battle against DuPont, conceded defeat in a bid to break up the chemical giant and get four nominees onto the company's board. Peltz, whose investment fund Trian Partners has a $1.9 billion stake in DuPont, acknowledged Trian had lost the vote but has a clear interest in the long-term success of DuPont. “We believe we can make DuPont great again,” he said. Fortune

    J.C. Penney vs. Macy's

    J.C. Penney reported a 3.4% increase in comparable sales for the latest quarter, easily outpacing the small decline posted by Macy's earlier on Wednesday. That suggests that J.C. Penney might finally be winning back some business it lost to Macy's, which first began with a brief and disastrous tenure by former Apple executive Ron Johnson. Fortune

    Auto air bag troubles worsen

    Honda Motor and Daihatsu Motor said they would recall more than 5 million cars to replace potentially fatal air bag inflators made by Japan's Takata Corp., which is already at the center of one of the largest automotive recalls to date. The news came a day after two other auto makers, Toyota and Nissan, said they would take back some 6.5 million vehicles worldwide after expressing concern about the Takata airbags.  Reuters

    Around the Water Cooler

    Who owns your airspace?

    Complaints are soaring about drones flying above homes, crowds and crime scenes. State and local officials are passing laws to restrict use of the devices, though users say those actions are heavy handed. Interestingly, this is all new territory for Americans. Since 1930, planes have largely been restricted from flying below 500 feet. Lower altitudes are now seeing clutter from high tech devices. WSJ (subscription required)

    GoPro CEO's expensive promise

    Billionaire Nick Woodman made good on a multi-million dollar promise this week, repaying the camera maker for stock options it granted to Neil Dana, who attended college with Woodman. When GoPro was in the development phase, Woodman promised to give Dana 10% of any proceeds he received from the sale of the company's shares. To cancel that agreement, GoPro issued Dana stock in 2011, and Woodman agreed to reimburse the company when the options were exercised. The cost? $229 million. Bloomberg

     Women opened fewer businesses in 2014

    Women opened just 36.8% of new businesses in 2014, according to new data, down from an average of 40.7% over the last 19 years and almost at a low point achieved in 2007. Many companies launched in 2014 were in traditionally male-dominated fields such as construction, experts say. Men are more likely to start contracting or plumbing or heating businesses, while women tend to open more beauty shops, retail stores and personal-services businesses, according to Experian's analysis of its records.  WSJ (subscription required)

    Trolls game Twitter's anti-abuse tools

    Women Action Media, one of Twitter's authorized reporters of harassment on the social media website, has issued a report that has found harassers are finding ways to game the system. Those problems including deleting disparaging Tweets not long after sending them. Making matters even worse, there are also a substantial amount of false reporting. For Twitter, the observations are a good place to start, but unearthing and eradicating trolls will take some time. Wired

    Fortune's 5 things to know today

    Greek debt and Applied Materials — 5 things to know today. Today's story can be found here.