Family Business Magazine E-Newsletter
August 19, 2008



Contents
1.  Toll Bros. CEO to sell 3 million shares.
2.  Non-family member named president of Enterprise Rent-A-Car.
3.  Boscov's family owners tried desperately to stave off bankruptcy.
4.  Clear Channel will likely focus on fewer markets.
5.  Newspaper news 1: Copley family puts San Diego Union-Tribune on the block.
6.  Newspaper news 2: Cox Enterprises seeks sale of papers in three states.
7.  Newspaper news 3: Hearst buys Connecticut Post, other papers.
8.  Resolving family ownership issues.
9.  Careful succession planning helps your customers, too.



1.  Toll Bros. CEO to sell 3 million shares.  Robert I. Toll, chairman and CEO of Horsham, Pa.-based giant home builder Toll Bros., plans to sell up to 3 million of his shares in the company by July 2009, the Philadelphia Inquirer reported. "The company said his intention was to diversify his portfolio, deal with estate planning, and handle charitable-donation obligations," the article said. As of March 2008, Toll reportedly owned 20.8 million shares, or 13% of the outstanding shares.  (Source: Philadelphia Inquirer, July 31, 2008.)

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2.  Non-family member named president of Enterprise Rent-A-Car.  Non-family member Pamela M. Nicholson has been appointed president of Enterprise Rent-A-Car, founded by the Taylor family and the likely successor to CEO Andrew Taylor, 60, the son of company founder Jack Taylor, the Wall Street Journal reported. "That for the first time puts a woman and non-family member in line for the driver's seat," the Journal noted. She succeeds Donald Ross, the company's first non-family president, who will remain vice chairman. The Taylor family owns about 98% of the company, and five family members hold corporate posts, according to the report. Nicholson "is going to have to be a great communicator about the business to the family," Andrew Taylor told the Journal. The family hopes Nicholson will "occupy the CEO spot until [the] third generation is ready to take command, a decade or more in the future," the article said.  (Source: Wall Street Journal, Aug. 4, 2008.)

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3.  Boscov's family owners tried desperately to stave off bankruptcy.  Before the Boscov department store chain filed for Chapter 11 bankruptcy earlier this month, the company's family owners "scraped and scrounged to save their beloved Boscov's," the Philadelphia Inquirer reported. "They cut costs. Dumped millions of their own money into the ... department store chain. Refinanced debt and promised vendors they'd make good on late payments. They even courted private-equity investors." The Reading, Pa.-based company's reorganization plan "could potentially include putting itself up for sale to generate cash to pay off the debts that triggered the crisis," the Inquirer article said. Third-generation CEO Ken Lakin told the Inquirer that the days spent trying to stave off bankruptcy were an "emotional roller coaster."  (Source: Philadelphia Inquirer, Aug. 5, 2008.)

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4.  Clear Channel will likely focus on fewer markets.  Now that Clear Channel Communications Inc. has taken the company private in a deal with a private equity firms Bain Capital Partners LLC and Thomas H. Lee Partners LP, the company is expected to sell more of its radio stations, the San Antonio Business Journal reported. Clear Channel now operates around 900 radio stations, down from nearly 1,200 before the deal, the article said. "But more than 50 of the remaining stations, as of July 30, have been spun off to what is called the Aloha Trust," which "will oversee operations and management of those properties until they can be sold," the report noted. An industry observer told the Business Journal that "the stations have been placed in the trust because Clear Channel exceeds Federal Communications Commission station ownership limits." Because the private equity deal involved a change of ownership, the company's "grandfathered exceptions to those limits no longer apply," the article said.  (Source: San Antonio Business Journal, Aug. 8, 2008.)

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5.  Newspaper news 1: Copley family puts San Diego Union-Tribune on the block.  Copley Press, publisher of the San Diego Union-Tribune has hired an investment banking firm "to pursue options, including selling the newspaper" and other properties, the Union-Tribune reported. The family firm "has been scaling back its media holdings and real estate assets amid declining circulation and other challenges affecting the newspaper industry," the article said. "David C. Copley, president and CEO of the company, decided ... to explore a sale after talking with his top advisers." The announcement "was a surprise to many observers because the publisher had been selling off other assets to provide a financial cushion for its flagship newspaper," including its news service, the Torrance, Calif., Daily Breeze, weekly newspapers in Illinois and Ohio, and a resort it owned for nearly five decades, the Los Angeles Times reported. Karin Winner, editor and vice president of the Union-Tribune -- which since 2006 has cut staff through buyouts and layoffs -- said, "It's the end of an era for those of us who've worked for the Copley family and those who've read our family-owned newspapers for many decades," according to the Union-Tribune report.  (Source: San Diego Union-Tribune, July 25, 2008; Los Angeles Times, July 25, 2008.)

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6.  Newspaper news 2: Cox Enterprises seeks sale of papers in three states.  Cox Enterprises, a family company based in Atlanta, announced it is seeking to sell 29 daily newspapers in Texas, Colorado and North Carolina as well as Valpak, a direct mail advertising subsidiary of Cox Communications. "Cox will hold onto its home paper, the Atlanta Journal-Constitution, as well as smaller papers in Ohio and Florida," said an article in the Austin American-Statesman, one of the Cox papers that's up for sale. Cox chairman and CEO Jim Kennedy, grandson of the founder, said in a statement, "The decision was made as part of an ongoing strategic review of our portfolio and enables us to maintain our strong and stable financial performance by further paying down debt."  (Source: Austin American-Statesman, Aug. 14, 2008.)

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7.  Newspaper news 3: Hearst buys Connecticut Post, other papers.  Meanwhile, media empire Hearst Corp., one of America's largest family companies, has purchased the Connecticut Post and seven weeklies from MediaNews Group Inc. It also has assumed management of three additional daily newspapers in Fairfield County, Conn., according to a report in the Danbury, Conn., News-Times, one of the papers involved in the deal.  (Source: Danbury News-Times, Aug. 8, 2008.)

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8.  Resolving family ownership issues.  Businesses need capital to grow; families need capital to live. In a family company's early years, both goals can be accomplished rather simply: Family members are compensated for working in the business, and profits are reinvested in the company. But when the business transitions to later generations, things get complicated because there are likely to be family shareholders who don't work for the company. These shareholders may be relying on dividends from the business to fund their lifestyles. Since they have little firsthand experience with the business, they may not understand its needs, and may not go along with management's plans to forgo dividends in favor of investing in new equipment or new ventures. There are several things a business family can do to prevent such impasses. One is to keep inactive shareholders informed about plans for the business so they understand why it's crucial to fund the strategic plan. Another remedy is to provide a means for unhappy shareholders to cash out through buy-sell agreements. Yet another solution is to seek outside sources of capital so the needs of the family and the business can be accommodated.



For more information on balancing the needs of a family business and its owners, see The Family Business Shareholder's Handbook. Learn more about the book and view the table of contents here.

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9.  Careful succession planning helps your customers, too.  Proactive succession planning not only helps ensure family control of its business -- it also "has the added benefit of helping a company's customers adjust to the changeover," writes attorney Don S. Hershman in the current issue of Family Business Magazine. He cites a transition plan developed by a family-owned logistics business. The plan called for the founder to take regular vacations, during which his son (the heir apparent) assumed more company responsibilities. "The gradual transition helped the family slowly change the management structure according to a well-planned timeline," Hershman writes. "It also allowed the company's longtime clients to adjust, since they were accustomed to working with the founder personally."



For Hershman's advice on instituting sound governance practices and defining family members' roles, see his article, "Professionalizing your firm helps to ensure continuity," in the Summer 2008 issue of Family Business Magazine. See here for subscription information.

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