Family Business Magazine E-Newsletter
September 16, 2008



Contents
1.  Slim buys a 6.4% stake in New York Times Co.
2.  LeFrak family enters Los Angeles commercial real estate market.
3.  Shareholders press for consummation of Apollo-Huntsman deal.
4.  Alberto-Culver to acquire P&G's Noxzema brand.
5.  Paolo Pininfarina succeeds his late brother as chairman of Italian auto firm.
6.  An entrepreneurial spirit helps ensure business continuity.
7.  When the business lacks a succession plan.





1.  Slim buys a 6.4% stake in New York Times Co.  Mexican telecommunications billionaire Carlos Slim Helu and his family have acquired a 6.4% stake in the New York Times Co. "Mr. Slim has a history of buying depressed assets he can later sell at a profit...," the New York Times reported. His recent purchases include Saks, owner of Saks Fifth Avenue Stores, tobacco company Altria and telecommunications company Global Crossing, the article said. An article in trade publication Editor & Publisher said that "Slim's history suggests that he sees in the Times Co. something Wall Street is missing." The Times noted, "Mr. Slim's investment marks the second time in less than a year that the Times Company's falling stock price has attracted interest from deep-pocketed outsiders. A pair of hedge funds, Harbinger Capital and Firebrand Partners, bought just over 20 percent of the company's Class A stock and secured two seats on its board this year, promising to shake up its business strategy." However, Editor & Publisher reported, "There's no indication that Slim will be the kind of activist shareholder at Times Co. as the Harbinger Capital Partner/Firebrand combine has been...." The Wall Street Journal noted, "Mexicans called Mr. Slim 'Midas' in the 1980s for his ability to buy companies on the cheap and turn them around. But more recently, he has taken a hands-off approach to most of his portfolio investments and doesn't intervene in a company's management. He often cites Warren Buffett as an inspiration, as well as legendary value investor Benjamin Graham." A Newsweek.com article said that at a town hall meeting with employees, Times Co. chairman Arthur Sulzberger Jr. "said he'd been aware of the potential for an investment as a result of previous conversations he'd had with Slim's representatives about the Times's plight and prospects." (Sources: New York Times, Sept. 11, 2008; Editor & Publisher, Sept. 10, 2008; Newsweek.com, Sept. 11, 2008; Wall Street Journal, Sept. 12, 2008.)

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2.  LeFrak family enters Los Angeles commercial real estate market.  Although the commercial real estate market is currently floundering, the New York-based LeFrak Organization is embarking on a major expansion, Business Week reported. Over the past year, the family company "has plunked down $185 million on three office buildings in Los Angeles after largely hibernating during the recent buying frenzy," the article said.  Business Week noted that "Current conditions favor deep-pocketed family empires like the LeFraks, San Francisco's Shorensteins, and Houston's Hines clan. With lending drying up, cash is a must." According to the report, "The LeFraks will need a long-term mentality, given the state of the market..... [I]t could take years, if not decades, for the LeFraks to show a profit on their recent purchases." Business Week reported that LeFraks sold off $300 million in Brooklyn apartments to fund their move, and "took advantage of an IRS move that allows them to defer the capital gains taxes on the properties if they reinvest the money in real estate within six months."  (Source: Business Week, Sept. 8, 2008.)

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3.  Shareholders press for consummation of Apollo-Huntsman deal.  Hedge funds D.E. Shaw & Co., Citadel Investment Group, MatlinPatterson Global Advisers LLC and PentwaterCapital Management LP have proposed a plan to finalize a deal to sell Huntsman Corp. to Apollo Management LP, the Wall Street Journal reported. Apollo's portfolio company Hexion Specialty Chemicals had withdrawn an offer for Huntsman, saying Huntsman's financial situation had declined. The hedge funds' proposal "essentially involves Huntsman shareholders providing at least $500 million in funds to help finance the merger," the Journal reported. "The hedge funds are offering to leave money in Huntsman that they can recoup over time if the company achieves performance targets. If Huntsman doesn't meet those targets, the shareholders will leave those funds in the company, which would essentially reduce Apollo's purchase price from $28 a share to $25.25 a share." The article added that "The Huntsman family -- the company's largest shareholders -- will help fund the financing offer." Meanwhile, a trial is now under way in Delaware Chancery Court. Apollo is asking the court to rule "that Hexion has no obligation to go through with the buyout because Huntsman's weakened condition renders a combined Hexion-Huntsman insolvent," the Journal reported. "A ruling in Huntsman's favor won't necessarily result in a deal, and could be the beginning of a protracted legal fight." Chairman Jon Huntsman told the Journal, "I will fight this until the day I die. Private-equity firms have taken over America, and we will fight it." Huntsman also has sued Apollo in a Texas state court, "alleging that Apollo fraudulently interfered with Huntsman's efforts to finalize a deal with another potential buyer," the Journal reported.  (Source: Wall Street Journal, Aug. 29, 2008 and Sept. 9, 2008.)

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4.  Alberto-Culver to acquire P&G's Noxzema brand.  Alberto-Culver Co. will buy the rights to Procter & Gamble's Noxzema skin care business, the Business Courier of Cincinnati reported. Alberto-Colver "is acquiring global rights and trademarks for the brand and its existing business in the United States, Canada and portions of Latin America," the article said. "P&G will continue to own Noxzema shaving, antiperspirant/deodorant, body wash and body soap products in Western Europe."  (Source: Business Courier of Cincinnati, Sept. 8, 2008.)

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5.  Paolo Pininfarina succeeds his late brother as chairman of Italian auto firm.  Paolo Pininfarina has been named to succeed his younger brother, Andrea Pininfarina, as chairman of Pininfarina SpA, an Italian company that designs Ferraris and manufactures the ford Focus Coupe Cabriolet and Volvo C70, the Wall Street Journal reported. Andrea Pininfarina, who had been chairman and CEO of the firm, was killed in a motorcycle accident in August. A new CEO has not yet been named, the article said.  (Source: Wall Street Journal, Aug. 13, 2008.)

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6.  An entrepreneurial spirit helps ensure business continuity.  "For longevity of an enterprise, opportunity recognition and exploitation must become a default mode," write Frank Hoy and Pramodita Sharma in The Family Business Shareholder's Handbook. "The structure of the organization can make or break the process." They offer some guidelines for family firms seeking multigenerational survival and success:
  1. Nurture a culture that tolerates both change and failure.
  2. Continue to engage in opportunity recognition and exploitation as years roll by.
  3. Prepare both managers and family members to accept entrepreneurial leadership.
  4. Ensure that selfless sharing and grateful receiving continue through various life cycle states of the firm and the individuals in it, recognizing that the identity of giver and recipient, and the content of exchanges, change over time.
  5. Engage and rely upon external experts who are capable of and willing to communicate and who can understand the perspectives of the senior and junior generations of both family members and non-family executives.



For information on the board's role in fostering entrepreneurship, see The Family Business Shareholder's Handbook. Learn more about the book and see the table of contents here.

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7.  When the business lacks a succession plan.  "The two most predictable consequences of the failure to focus on long-range succession planning are the faltering of a business left without a leader and unhealable injuries to the family resulting from fights over control," write Henry C. Krasnow and Kay Vogt in the just-published Autumn 2008 issue of Family Business Magazine. "The goals of wise estate planning cannot be achieved through wishful thinking alone," they write. "But steps can be taken toward these goals, either with or without the help of the family business owner who is in denial about the problems that would be caused by his or her death." Here are their recommendations:
  1. Convening meetings (with or without the business leader).
  2. Creating a plan for building trust among the siblings and their surviving parent.
  3. Investing in leadership assessment and training.
  4. Devising a succession plan for the family business.
"Ultimately, if successful, this should result in the family being able to agree on governance structures that will help the business and the family to succeed," Krasnow and Vogt write.



For more family business tips, news and features, including a profile of the Gallo family of E.&J. Gallo Winery, see the Autumn 2008 issue of Family Business Magazine. Learn how to subscribe to our award-winning print edition here.

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