Berkeley Law

Vox Media Acquires New York Magazine

Vox Media announced its acquisition of New York magazine along with its digital assets in an all-stock transaction in September 2019. A press release by New York Magazine revealed that Jim Bankoff, Vox Media CEO and chairman, will continue to lead all aspects of Vox Media. Pamela Wasserstein, chief executive of New York Media, will serve as president and have a seat on the company’s board of directors. According to Bankoff and Wasserstein, the deal is a logical step, which will not diminish the brands of either company.

New York Magazine, which was first published nearly fifty-one years ago, laid off at least five percent of its staff this year and has recorded a $10 million loss each year. Earlier in the year, the magazine also witnessed its editor-in-chief, Adam Moss, stepping down after fifteen years in the position. However, amidst such changes, Jim Bankoff has recorded that there would be no personnel changes within any of the magazine’s related publications or even within any of the Vox media brands, which include The Verge, Eater, Curbed, Vox and SB Nation. This statement has been surprisingly reassuring following the large-scale restructuring of New York Magazine, which laid off sixteen full-time staffers and sixteen freelancers or part-time employees.

Many experts say that this is a merger driven by shared ambition and that Vox’s growth trajectory and success in developing premium editorial brands is a driving force of this acquisition. The combination looks to diversify various forms of media and is supported by the nature of Vox Media, which was reshaped by Jim Bankoff. At present, Vox’s model relies less on digital advertising, yet boasts of a sizable profit on a revenue of $185 million, as reported last year. The company also recently negotiated a production deal with streaming service Hulu to create a series of TV shows. The deal was followed by another production agreement with Netflix. Vox’s revenue has been further enhanced by licensing its content management system, Chorus. Keeping in mind Vox’s recent successes, the rationale behind this merger has been firmly stated by Bankoff, who calls this combination in the digital media industry, most unique and different from all those mergers in the industry which have emerged out of desperation or for pure financial engineering.

Following the consummation of this transaction, Vox Media is expected to remain profitable and perhaps even increase its revenue by $300 million by the end of 2020. Vox Media has already raised more than $300 million, which includes $200 million from NBCUniversal. Further, according to the estimations of both Bankoff and Wasserstein, the combined sites would have at least 125 million unique monthly visitors. While the value of this transaction remains undisclosed, it is expected to close later this year.

Vox Media Acquires New York Magazine

Recap: “Practitioner Speaker Series – Life of a Corporate Finance Attorney: A Conversation with Philip Jonathan Tendler, Partner in Pillsbury’s SF Office”

On October 22, 2015, the Berkeley Center for Law, Business, and the Economy (BCLBE) welcomed Philip J. Tendler, Partner in Pillsbury’s SF Office, for a Q&A discussion about his career and how law school can arm students with the skillset needed to succeed in the wild world of debt finance.

A former equity securities analyst in the Global Energy and Power Group at Schroders, Mr. Tendler joined Pillsbury after graduating from Boalt in 2000.

Travelling back in time, Mr. Tendler reflected on the things he learned in law school that helped him demystify the concepts and themes of finance in his practice. The conversation was weaved around two anecdotes that he shared from his time at Boalt.

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New Bitcoin Exchange Approved in New York

Bitcoin, the peer-to-peer payment system first published in 2009, has opened a monetary Pandora’s Box since day one. The system was created by an unknown individual or group with the name Satoshi Nakamoto. With no central authority, the system enables decentralized, irreversible and non-freezable money transfer with a completely digital currency. Such innovation gradually attracted enormous attention and the Bitcoin prices have been volatile, with a notable increase in 2013 and a subsequent downtrend in 2014.

People who are not familiar with Bitcoin may wonder how the system is connected with the existing currency system. Online Bitcoin exchanges are the marketplace for both individuals and institutional investors to buy or sell bitcoins using multiple currencies, and vice versa. Mt. Gox used to be the largest bitcoin exchange in the world before its dramatic bankruptcy in March 2014, with $460 million stolen by hackers and another $27.4 million missing from its bank accounts. There are a variety of exchanges available on the market nowadays, including but not limited to: ItBit, Coinsetter, Coinbase, Bitstamp, BTC-e and Cryptsy.

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Recap: “The Life of a Start-Up Attorney”

So what does a start-up attorney actually do? If you are like me, when I first heard the term I had no idea what the practice entailed. On September 13, 2015, Jay Purcell of Goodwin Procter and Morgan Sawchuck of Fenwick & West, two experienced and successful start-up attorneys, discussed their practices and their typical day to a full room of interested UC Berkeley Law students. The event was hosted by the Berkeley Center for Law, Business and the Economy.

Start-up attorneys have the ability to help their clients achieve success. Typically, the clients they represent have great ideas, but many do not know how to run a company, let alone how to start one. These attorneys assist clients with the entire range of legal issues facing young companies, such as forming the companies themselves. Steve Jobs, for example, was once one of these clients. With the help of his start-up attorneys, he was able to turn his garage-operated company into one of the largest and most well-known corporations in the world.

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Recap: “General Counsel Speaker Series – The University Lawyer”

On September 10, 2015, the Berkeley Center for Law, Business and the Economy (BCLBE) welcomed Charles F. Robinson, the University of California’s general counsel, for a Q&A discussion about his career, the role of the University’s top lawyer, and the legal challenges currently facing the University.

A graduate of Harvard University and Yale Law School, Mr. Robinson was formerly a litigation partner at the law firm of Heller, Ehrman, White and McAuliffe in San Francisco. He then took on a series of in-house positions in the private sector before becoming a Vice President and Chief Legal Officer of the University of California in January 2007.

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Regulation and the Future of Money: Mobile Payment and Virtual Currencies

What exactly is Bitcoin? You may have heard a great deal about this in the media. You may know that it is a virtual currency. You may have heard news that the evaluation of Bitcoin once skyrocketed to a record of $900. But you may not have heard an analysis of Bitcoin and other virtual currencies in the legal community.

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2014 Symposium: Keynote Address from Larry Sonsini on Shareholder Activism

During the 2014 BCLBE and BBLJ Shareholder Activism Symposium, Larry Sonsini delivered the keynote address directed  at the change in the activist climate and how this change should be interpreted.

“Shareholder activism will be around for a while,” Sonsini declared because there has been a shift from a director-centric model to a shareholder-centric model. In this shareholder-centric model, shareholder activists agendas’ have become broader.  They are no longer only concerned with battles over defensive measures (e.g., poison pills and staggered boards) and CEO successions, but are now addressing corporate sustainability—taking into account social, environmental, economic, and governmental measures—and are attacking companies on their merits.

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2014 Symposium: Panel Explores the Hot Button Issues Surrounding Shareholder Activism

On Friday April 4, the Berkeley Business Law Journal and the Berkeley Center for Law, Business and the Economy hosted the 2014 Symposium on Shareholder Activism. With the rise in shareholder activism in publicly traded companies, activist campaigns are  “perceived by various stakeholders as threats to be avoided, part of the current landscape, and powerful sources motivating social responsibility.” The Symposium explored this topic through hosting panel discussions with regulators, attorneys, academics and business professionals all sharing their thoughts on shareholder activism.

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2014 Symposium: A Bird’s–Eye View of Shareholder Activism

From the first panel of the 2014 BCBLE and BBLJ Shareholder Activism Symposium: Three professors give a “bird’s-eye view” of shareholder activism.

Panelist:

  • Eric Talley, UC Berkeley, School of Law
  • Paul Rose, Ohio State University Moritz College of Law
  • Adair Mores, UC Berkeley, Hass, School of Business
  • Moderator: Joseph Santiesteban, Berkeley Business Law Journal

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Aiding and Abetting the Breach of Fiduciary Duty: New York Commercial Division Decisions Illuminate Standards for Proper Pleading

The greatest minds of American jurisprudence have recognized the high responsibility of a fiduciary, which Justice Cardozo characterized as “the punctilio of an honor the most sensitive.” (Meinhard v. Salmon, 164 N.E. 545, 546 (N.Y. 1928)).  The relationship involves more than protecting the vulnerable; it requires the fiduciary to act in the best interest of the beneficiary, rather than in the fiduciary’s self-interest. A fiduciary who fails so to act may find himself liable to the beneficiary, even in the absence of scienter or intent.  By the same token, just as the fiduciary may be liable for breaching his duty, or the “primary duty,” to the beneficiary, the common law has long recognized that one who assists a fiduciary’s breach of duty may be liable to the beneficiary. (Mertens v. Hewitt Assoc., 508 U.S. 248, 255 (1993) (stating that non-fiduciaries have common-law duty to beneficiaries not to assist in fiduciary’s breach)).

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