Sony Rejects Loeb Plan to Spin Out Studio

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By Douglas A. McIntyre Updated Published
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Daniel S. Loeb, head of Third Point LLC, got the answer he expected from Sony Corp.’s (NYSE: SNE) board. It will not spin out or sell its studio and entertainment businesses.

That leaves Loeb with the difficult decision of whether he should fight a company that is headquartered in Japan, although its stock is listed on the NYSE. An international legal fight of that magnitude could cost tens of millions of dollars, with no guarantee of success. Loeb might be best advised to sell his shares and take his raider’s skills elsewhere.

In a letter to Loeb, the board wrote that it believes it can strengthen its music and video operations, although the board did not say how:

We are very focused on increasing margins at Pictures, including through the growth initiatives described above, and by reducing costs. While we believe our theatrical marketing costs have been and continue to be in line with our competitors, and that our margins are generally comparable to some other major studios, we recognize our margins should be higher

Does that imply that the margins are high enough?

And:

Our Music business continues to be profitable with margins we believe are generally in line with peers. We are nurturing and developing new talent, exploiting our vast catalog and copyrights, and exploring other growth opportunities, including leveraging our vast music content for use with increasingly popular digital music service platforms. We continue to seek cost reductions and pursue operating efficiencies

Why hasn’t Sony already cut those costs and posted savings well before Loeb’s complaints?

And, finally:

Finally, our executive compensation arrangements at Pictures and Music are tied to the performance of their business. We believe this aligns incentives for the executive management teams at Pictures and Music, specifically by linking compensation to financial performance.

Sony buries its compensation so deeply within its documents, it is nearly impossible to tell if this is true.

Loeb’s criticism is brilliantly taken. However, his crusade is too difficult to complete.

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About the Author Douglas A. McIntyre →

Douglas A. McIntyre is the co-founder, chief executive officer and editor in chief of 24/7 Wall St. and 24/7 Tempo. He has held these jobs since 2006.

McIntyre has written thousands of articles for 24/7 Wall St. He is an expert on corporate finance, the automotive industry, media companies and international finance. He has edited articles on national demographics, sports, personal income and travel.

His work has been quoted or mentioned in The New York Times, The Wall Street Journal, Los Angeles Times, The Washington Post, NBC News, Time, The New Yorker, HuffPost USA Today, Business Insider, Yahoo, AOL, MarketWatch, The Atlantic, Bloomberg, New York Post, Chicago Tribune, Forbes, The Guardian and many other major publications. McIntyre has been a guest on CNBC, the BBC and television and radio stations across the country.

A magna cum laude graduate of Harvard College, McIntyre also was president of The Harvard Advocate. Founded in 1866, the Advocate is the oldest college publication in the United States.

TheStreet.com, Comps.com and Edgar Online are some of the public companies for which McIntyre served on the board of directors. He was a Vicinity Corporation board member when the company was sold to Microsoft in 2002. He served on the audit committees of some of these companies.

McIntyre has been the CEO of FutureSource, a provider of trading terminals and news to commodities and futures traders. He was president of Switchboard, the online phone directory company. He served as chairman and CEO of On2 Technologies, the video compression company that provided video compression software for Adobe’s Flash. Google bought On2 in 2009.

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