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    Forget the S&P 500. Pay attention to the S&P 493

    Think of America’s stockmarket. What is the first firm that springs to mind? Perhaps it is one that made you money, or maybe one whose shares you are considering buying. If not, chances are you are thinking of one of the big hitters—and they don’t come much bigger than the “magnificent seven”.Alphabet, Amazon, Apple, Meta, Microsoft, Nvidia and Tesla are Wall Street’s superstars, and deservedly so. Each was established in the past 50 years, and five of them in the past 30. Each has seen its market value exceed $1trn (although those of Meta and Tesla have since fallen, to $800bn and $700bn respectively). Thanks to this dynamism, it is little wonder that America’s stockmarket has raced ahead of others. Those in Europe have never produced a $1trn company and—in the past three decades—have failed to spawn one worth even a tenth as much. Hardly surprising that the average annual return of America’s benchmark S&P 500 index in the past decade has been one-and-a-half times that of Europe’s Stoxx 600.There is just one problem with this story. It is the hand-waving with which your columnist cast the magnificent seven as being somehow emblematic of America’s entire stockmarket. This conflation is made easily and often. It is partly justified by the huge chunk of the S&P 500 that the magnificent seven now comprise: measured by market value, they account for 29% of the index, and hence of its performance. Yet they are still just seven firms out of 500. And the remaining 98.6% of companies, it turns out, are not well characterised by seven tech prodigies that have moved fast, broken things and conquered the world in a matter of decades. Here, then, is your guide to the S&P 493.Most obviously, having discarded the tech behemoths, our new index now looks substantially older. Consider its biggest companies. At the top of the list is Berkshire Hathaway, an investment firm led by two nonagenarians, and Eli Lilley, a pharmaceuticals-maker established in the 19th century by a veteran of America’s civil war. Further down is JPMorgan Chase, a bank that made its name before the founding of the Federal Reserve. That is not to suggest that these firms do not innovate. All of them, by definition, have remained highly successful, even if none has crossed the $1trn threshold. Whippersnappers, though, they are not.image: The EconomistAs a result of this maturity, the S&P 493 is less susceptible to the market’s ever-changing mood (see chart). This is a double-edged sword. On the plus side, it offered protection during the crash of 2022. The more established business models of S&P 493 companies started the year with less hype than those of the magnificent seven, leaving them less vulnerable when the hype duly evaporated. Meanwhile, a smaller proportion of their value came from the promise of distant future earnings—where present value fell dramatically as interest-rate expectations soared. The net effect was that, while the magnificent seven together lost 41% of their value, the S&P 493 lost just 12%.This year, however, the tables have turned. On the face of it, the old-timers ought to have done well, since the American economy has remained remarkably buoyant. This, combined with enthusiasm concerning the potential of artificial intelligence to juice their profits, led to a stellar recovery for the magnificent seven. In the first ten months of the year their share prices rose by 52%, nearly erasing the losses of 2022. By contrast, the value of the S&P 493 fell by 2%.What to make of this bifurcation? One conclusion is that America’s tech giants have become overvalued and must eventually face a crash. Another is that, just as share prices have diverged, so too will the companies’ sales and profits, meaning that the magnificent seven really are about to leave the dinosaurs in the dust. Investors seem to choose between these hypotheses largely according to their own temperament, since traditional valuation measures such as the price-to-earnings ratio, which for the magnificent seven is roughly double that for the S&P 493, lend support to both camps.A third conclusion, now aired increasingly often, is that the S&P 500’s domination by seven stocks which are so different from the rest means it is no longer a good benchmark. That is not quite right. Many people invest in funds tracking the index precisely so they can capture the gains of the winners without having to care about its composition. Still, if you want to know what America’s stockmarket really looks like, avoid the headline index. Look at the S&P 493. ■ More

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    Caesars reaches deal with Las Vegas union to avoid strike

    Caesars Entertainment reached a deal with the Culinary Union to avoid a strike.
    MGM Resorts and Wynn Resorts are still negotiating with the union.
    Union members had voted in September to authorize a strike.

    The exterior of Caesars Palace Hotel and Casino is viewed in Las Vegas on Dec. 4, 2015.
    George Rose | Getty Images

    A strike is off the table for nearly 10,000 Caesars Entertainment union workers on the Las Vegas strip.
    The Culinary Union said it took 20 straight hours of negotiations to produce a tentative deal for a new five-year contract, two days before a deadline for a walkout.

    The previous contract expired June 1. The Culinary Union and Bartenders Union members voted to authorize a strike in September against Caesars, MGM Resorts and Wynn Resorts.
    Negotiations with MGM and Wynn are ongoing.
    In a statement to CNBC, Caesars said its union employees will see meaningful wage increases that align with growth opportunities and past performance.
    “We have done quite well as a company post-merger, post-pandemic,” Caesars CEO Tom Reeg said on an earnings call Oct. 31. “Our employees should and will participate in that.”
    He said it would be the biggest wage increase for Caesars employees in the company’s four decades of dealing with the Culinary Union.

    The company reported an all-time record for adjusted EBITDA, a crucial metric of profitability in the gaming industry, of more than $1 billion.
    Reeg indicated that the company budgeted this summer for the wage increases and built new terms of the contract into the company’s business model.
    Details of the deal have not yet been released.Don’t miss these stories from CNBC PRO: More

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    Are politicians brave enough for daredevil economics?

    At first glance, Argentina faces a stark choice in the second round of its presidential election on November 19th. Sergio Massa, the current finance minister whose government is presiding over inflation of 138% and a bizarre system of various official exchange rates, is facing Javier Milei. Mr Milei is a libertarian who says he wants to tear down the system, borrowing ideas from Friedrich Hayek, Milton Friedman and other free-market economists.Yet whoever wins, reformist Argentines doubt the country will truly change. In all likelihood, Mr Massa would double down on money-printing; he has little interest in dismantling the system of patronage that makes sustained growth impossible. Mr Milei, by contrast, would have little support in Congress. He has no experience of implementing policy. Many of the market-oriented economists sympathetic to Mr Milei, and even those who advise him, have surprisingly vague ideas about what Argentina needs to do to improve its economy. The country feels stuck.image: The EconomistArgentina is an extreme example of a wider trend. The world has forgotten how to reform. We analysed data from the Fraser Institute, a free-market think-tank, which measures “economic freedom” on a ten-point scale. We defined “daredevil economics” as when a country improves by 1.5 points or more—a quarter of the gap between Switzerland and Venezuela—within a decade, therefore indicating that liberalising reforms have been undertaken. In the 1980s and 1990s this was common, as countries formerly in the Soviet Union opened up, and many deemed unreformable, such as Ghana and Peru, proved they were in fact reformable (see chart 1). Politicians changed foreign-trade rules, fortified central banks, cut budget deficits and sold state-owned firms.In recent years just a handful of countries, including Greece and Ukraine, have implemented reforms. And in the decade to 2020 only two countries, Myanmar and Iraq, improved by more than 1.5 points. The same year a paper by economists at Georgetown and Harvard universities, as well as the imf, looked at structural reforms, and found similar results. In the 1980s and 1990s politicians across the world implemented lots. By the 2010s reforms had ground to a halt.Daredevil economics has declined in popularity in part because there is less need for it. Although in recent years economies have become less liberal, the average one today is 30% freer than it was in 1980, according to our analysis of the Fraser Institute’s data. There are fewer state-run companies. Tariffs are lower. Even in Argentina, telecoms and consumer-facing industries are better than they once were.But the decline of daredevil economics also reflects a widely held belief that liberalisation failed. In the popular imagination, terms such as “structural-adjustment plan” or “shock therapy” conjure up images of impoverishment in Africa, the creation of mafia states in Russia and Ukraine, and human-rights abuses in Chile. Books such as Joseph Stiglitz’s “Globalisation and its Discontents”, published in 2002, and Naomi Klein’s “The Shock Doctrine”, in 2007, fomented opposition to the free-market “Washington consensus”. In Latin America “neoliberal” is now a term of abuse; elsewhere, it is rarely used as an endorsement. Many Argentines argue that the country’s attempts to liberalise its economy in the 1990s provoked an enormous financial crisis in 2001.Today, international organisations like the imf and the World Bank are rather less interested in daredevil economics than they once were. In an edition of its “World Economic Outlook” published in October 1993, the imf mentioned the word “reform” 139 times. In its latest edition, published exactly 30 years later, the word appears a mere 35 times. These days America has a new consensus, which takes a sceptical view of globalisation’s benefits, prioritises domestic interests over international ones and favours large-scale subsidies in order to speed up the green transition and bring home manufacturing. With less chivvying from the West, governments elsewhere feel less pressure to reform their own economies. Argentina’s free-marketeers in the 1990s drew on deep links with America. Fewer such connections exist today.In for a shockYet the view that daredevil economics failed does not stand up to scrutiny, even if projects often produced short-term pain. In the 1990s the three Baltic countries liberalised prices and labour markets. This allowed them to move from membership of the Soviet Union to membership of the euro within 25 years (see chart 2). In the 2010s Greece implemented many reforms demanded by the imf and European authorities. Inward foreign direct investment is now soaring, and this year Greece’s gdp is expected to grow by about 2.5%—one of the strongest rates in Europe. Not long ago many argued that China had rejected daredevil economics and succeeded. Recent economic weakness, including a property market in turmoil under President Xi Jinping, casts doubt on this notion.Indeed, a growing body of research suggests that daredevil economics has largely achieved its aims. A paper by Antoni Estevadeordal of the Georgetown Americas Institute and Alan Taylor of the University of California, Davis studies the effect of liberalising tariffs on imported capital and intermediate goods from the 1970s to the 2000s, finding that the policy raises gdp growth by about one percentage point. Ten years after the beginning of a “reform wave”, gdp per person is roughly six percentage points higher than could have reasonably been expected otherwise, according to a paper published in 2017 by economists at the European Central Bank, which analysed 22 countries of different income levels from 1961 to 2000.Meanwhile, a paper published in 2021 by Anusha Chari of the University of North Carolina, Chapel Hill and Peter Blair Henry and Hector Reyes of Stanford University finds positive impacts from a wide variety of reforms in emerging markets, from stabilising high inflation to opening capital markets. For instance, trade liberalisation tends to raise the average growth rate of gdp over a decade by more than 2.5 percentage points a year. In another paper, focusing on Latin America, Ilan Goldfajn, president of the Inter-American Development Bank, and colleagues acknowledge that growth has been disappointing, but contend that “without some subset of the Washington consensus policies, it would have been difficult, if not impossible, to achieve macroeconomic stability and to recover access to foreign financing in the late 1980s and early 1990s.” Other research has found faster growth in Africa since 2000 among reforming countries.In most places where reforms appear to fail, the problem has been lack of commitment. Take Ukraine, where even before covid-19 and Russia’s invasion gdp per person was lower than when the Soviet Union collapsed. By the early 1990s it was clear that the government was not taking daredevil economics seriously. A memo written for the World Bank in 1993 by Simon Johnson and Oleg Ustenko, two economists, noted that “only a tougher and more radical set of policies can avert hyperinflation, but no political leader seems willing to adopt these measures.” What brought Argentina down in 2001 was not daredevil economics, as is commonly assumed. It was persistently large budget deficits.Perhaps Mr Milei will prove his doubters wrong. Perhaps he will win the election and then implement sensible economic reforms. This would include liberalising trade and making it easier for Argentina’s bosses to hire and fire. Doing so would help the country enormously. It would also demonstrate to the rest of the world a path forward. Daredevil economics may be disruptive, but it pays off. ■ More

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    Pharmacy walkout organizers help launch national push to unionize pharmacists, technicians

    The organizers of a recent walkout of retail pharmacy staff helped launch a national push to organize those employees.
    A new partnership between the organizers and IAM Healthcare aims to help pharmacy staff unionize to address what many employees call unsafe working conditions throughout the industry, including at major drugstore chains such as Walgreens and CVS. 
    The majority of pharmacists and technicians from those chains have no union representation, while pharmacy staff from a handful of grocery retailers such as Kroger do.

    A small number of employees and supporters picket outside the headquarters of drugstore chain Walgreens during a three-day walkout by pharmacists in Deerfield, Illinois, November 1, 2023.
    Vincent Alban | Reuters

    The organizers of a recent retail pharmacy staff walkout are helping to launch a national push to organize those employees on Wednesday, a potential step to wide-scale unionization of thousands of pharmacists and technicians across the U.S. for the first time.
    A new partnership between the organizers and IAM Healthcare – a union representing thousands of health-care professionals – aims to help pharmacy staff unionize to address what many employees call unsafe staffing levels and increasing workloads throughout the industry, including at major drugstore chains such as Walgreens and CVS. 

    The push to unionize, dubbed “The Pharmacy Guild,” also calls for legislative and regulatory change to establish higher standards of practice in pharmacies to protect patients. 
    Notably, the vast majority of pharmacists and technicians from Walgreens and CVS have no union representation, while pharmacy staff from a handful of grocery retailers such as Kroger do, according to Shane Jerominski, a walkout organizer who is helping to launch the effort through his pharmacy advocacy platform on social media, The Accidental Pharmacist. 
    The push to organize staff who aren’t currently represented by a union only adds to what has been one of the most active years for the U.S. labor movement in recent history.
    A spokesperson for CVS said Wednesday that the company is engaging in a “continuous two-way dialogue” with pharmacists to directly address their concerns, and is making some changes in response to recent feedback.
    CVS has productive relationships with unions who represent its employees and “respect our employees’ right to either unionize or refrain from doing so,” the spokesperson added.

    A spokesperson for Walgreens previously told CNBC that the company has taken several steps in its pharmacies “to ensure that our teams can concentrate on providing optimal patient care.” Both Walgreens and CVS also said last week that the walkout of their pharmacy staff last week had a minimal impact on their pharmacy operations. 
    Jerominski said the new partnership specifically allows pharmacy staff who are interested in unionizing to fill out a public form on a new website, which will ask for their name, employer, pharmacy location, contact information and message they want to pass along. IAM Healthcare and the walkout organizers will then launch unionization campaigns in certain districts or areas with high support for organizing.
    The Pharmacy Guild hopes to get 100,000 pharmacists and technicians to fill out the form, Jerominski said. He also predicted that 90% of pharmacists working for Walgreens and CVS will be unionized in five years.

    More CNBC health coverage

    Jerominksi called the push for unionization the “next logical step” after the walkout last week, and earlier work stoppages by some Walgreens pharmacy staff across the U.S. and CVS employees from the Kansas City area.
    Organizers don’t have a clear estimate of how many people participated in the walkout last week, but a poll they launched on the social media page for the effort showed that at least 200 employees across Walgreens, CVS and Rite Aid participated.
    “Everyone has been asking me, what’s next? I think that the time for walkouts is done,” Jerominski, who is also a former Walgreens employee, told CNBC. “I think that in order to effect change from this point, we have to organize. Unionization is not going to change everything, but it’s going to help us secure better working conditions for pharmacists.”
    The Pharmacy Guild’s founding statement also describes the effort as a call to take “this powerful social movement of pharmacy professionals to the next level through developing organizational infrastructure and institutional influence necessary to make real change.” 

    How is the new unionization effort different? 

    The Pharmacy Guild does not follow the standard method of organizing workers — but Jerominski believes that’s why it will work. 
    Typically, a pharmacy location that wants to unionize would reach out to a union, meet with a local union organizer and start asking employees or neighboring stores if they’re interested in the effort. Jerominski said one of the issues with that approach is that “those efforts can end up getting out to corporate management, which can come in and suppress the whole thing from an entire district standpoint.” 
    “There’s a lot of things companies can do to combat unionization,” Jerominski said.
    Meanwhile, Jerominski said The Pharmacy Guild could allow several unionization campaigns to launch at the same time, which could make it harder to intervene. 
    He also called the new effort an easier approach to unionizing. 
    “If you want to, all you have to do is fill it out,” Jerominski said. “We’ll do the rest. We’ll take it from there, with the backing from a national union.”
    In addition to Jerominski’s account, two other social media platforms called RxComedy and #PizzaIsNotWorking are helping to launch the effort with IAM Healthcare. Both platforms have long advocated for safer working conditions for pharmacy staff, and the founder and other members of #PizzaIsNotWorking helped to organize the recent walkouts. 
    The three platforms together have 300,000 followers, according to a release announcing The Pharmacy Guild. 
    The accounts will use their reach to bring attention to The Pharmacy Guild and provide updates on the progress of the unionization effort, Jerominski said. 
    “The power of a really centralized audience and being able to push this all the time – that’s a big part of what our roles are,” Jerominski said. More

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    Cleveland Fed launches search for new leader after Mester leaves

    Often one of the central bank’s bigger proponents for tighter monetary policy, Mester, 65, will reach mandatory retirement as she will have served in her current position for 10 years come June of next year.
    The vacancy comes at a time when the Fed has pushed for greater diversity among its governing body.

    The Cleveland Federal Reserve launched a search Wednesday for its new leader, after current President Loretta Mester retires in mid-2024.
    Often one of the central bank’s bigger proponents for tighter monetary policy, Mester, 65, will reach mandatory retirement as she will have served in her current position for 10 years come June of next year.

    A committee comprised of Cleveland Fed board members will conduct the search. The vacancy comes at a time when the Fed has pushed for greater diversity among its governing body.
    Heidi Gartland, deputy chair of the district’s board, will lead the effort to replace Mester.
    “President Mester’s strong leadership over the past decade has positioned the Cleveland Fed as an important resource to the community and the nation,” Gartland said. “We are committed to finding a new leader who can ensure the Bank continues to meet the high standard that President Mester has set.”
    Whomever leads the Cleveland Fed will get a vote in 2024 on the central bank’s rate-setting Federal Open Market Committee.
    In her most recent speech, Mester said she thinks the Fed may need another interest rate hike before the end of the year as it seeks to get the inflation rate back to 2%.

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    HSBC to launch storage services for tokenized securities as more big banks warm to blockchain

    HSBC on Wednesday said it is launching custody services for the safe storage of tokenized securities, digital assets that represent regulated securities like bonds.
    The bank is the latest institution to embrace digital asset custody, after U.S. banking giant BNY Mellon announced a similar move in 2021.
    HSBC is “seeing increasing demand for custody and fund administration of digital assets from asset managers and asset owners, as this market continues to evolve.”

    HSBC is the largest bank in Europe by total assets.
    Nicolas Economou | Nurphoto | Getty Images

    HSBC on Wednesday announced it will offer custody services for tokenized securities, making the British bank the latest major institution to embrace digital assets.
    HSBC is using technology from Swiss crypto custody firm Metaco, which was recently acquired by blockchain startup Ripple, to store bonds and other securities.

    In a press release, the bank said that the service would complement its HSBC Orion platform for issuing digital assets, as well as a recently-launched offering for tokenized physical gold.
    HSBC will use Harmonize, Metaco’s platform for institutions, which “helps unify security and management of digital asset operations,” according to the press release.
    HSBC is the latest institution to embrace digital asset custody, after U.S. banking giant BNY Mellon announced a similar move in 2021.
    Tokenized securities are effectively regulated assets, like bonds and equities, in the form of tokens issued on a blockchain.
    In turn, a blockchain can be considered a shared ledger on which assets are recorded digitally. The technology served as the foundation upon which bitcoin was built, but its applications in the banking world are very different to those of bitcoin and other cryptocurrencies.

    In the case of banks, these institutions are leveraging blockchain for payments, trading, and other purposes, often without a digital token being involved. Banks are finding utility in tokens by digitizing equities, bonds and other assets.
    HSBC is “seeing increasing demand for custody and fund administration of digital assets from asset managers and asset owners, as this market continues to evolve,” Zhu Kuang Lee, chief digital, data and innovation officer for securities services at HSBC, said in a statement.
    Metaco CEO Adrien Treccani told CNBC via email that the partnership reinforces “continued momentum working with top tier financial institutions.”
    “Financial institutions are ready to scale digital assets pilots to real use cases around custody, issuance, trading and settlement of tokenized assets, and in so doing, unlocking economic benefits and new revenue streams.”
    It marks another step from HSBC toward embracing digital assets. The bank, which holds about $3 trillion in assets globally, already lets its Hong Kong clients trade in bitcoin and ether exchange-traded funds. More

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    Why market timing doesn’t work: S&P 500 is up 14% this year, but just 8 days explain the gains

    Visitors around the Charging Bull statue near the New York Stock Exchange, June 29, 2023.
    Victor J. Blue | Bloomberg | Getty Images

    The S&P 500 is up 14% this year, but just eight days that explain most of the gains. 
    If you want a simple indication of why market timing is not an effective investment strategy, take a look at the data on the S&P 500 year to date.  

    Nicholas Colas at DataTrek notes that there have only been 11 more up days than down days this year (113 up, 102 down) and yet the S&P 500 is higher by 14% year to date. 
    How to explain that the S&P is up 14% but the number of up days is about the same as the down days?  Just saying “there’s been a rally in big cap tech” does not quite do justice to what has been happening. 
    Colas notes there are eight days that can explain the majority of the gains, all of them related to the biggest stories of the year: big tech, the banking crisis, interest rates/Federal Reserve, and avoiding recession: 
    S&P 500: biggest gains this year

    January 6         +2.3%  (weak jobs report)
    April 27           +2.0%  (META/Facebook shares rally on better than expected earnings)
    January 20      +1.9%   (Netflix posts better than expected Q4 sub growth, big tech rallies)
    November 2    +1.9%  (10 year Treasury yields decline after Fed meeting)
    May 5              +1.8%   (Apple earnings strong, banks rally on JP Morgan upgrade)
    March 16         +1.8%  (consortium of large banks placed deposits at First Republic)
    March 14          +1.6%  (bank regulators offered deposit guarantees at SVB and Signature Bank)
    March 3             +1.6%  (10-year Treasury yields drop below 4%)

    Source: DataTrek

    The good news: those big issues (big cap tech, interest rates, avoiding recession) “remain relevant now and are the most likely catalysts for a further U.S. equity rally,” Colas says. 
    The bad news: had you not been in the markets on those eight days, your returns would be considerably worse. 
    Why market timing does not work 
    Colas is illustrating a problem that has been known to stock researchers for decades: market timing — the idea that you can predict the future direction of stock prices, and act accordingly — is not a successful investing strategy. 
    Here, Colas is implying that had an investor not been in the market on those eight best days, returns would have been very different. 
    This is not only true for 2023: it is true for every year. 
    In theory, putting money into the market when prices are down, then selling when they are higher, then buying when they are low again, in an infinite loop, is the perfect way to own stocks. 
    The problem is, no one has consistently been able to identify market tops and bottoms, and the cost of not being in the market on the most important days is devastating to a long-term portfolio. 
    I devote a chapter in my book, “Shut Up and Keep Talking: Lessons on Life and Investing from the Floor of the New York Stock Exchange,” to why market timing doesn’t work. 
    Here’s a hypothetical example of an investment in the S&P 500 over 50 years.
    Hypothetical growth of $1,000 invested in the S&P 500 in 1970
    (through August 2019)

    Total return                                 $138,908
    Minus the best performing day $124,491
    Minus the best 5 days                $90,171
    Minus the best 15 days             $52,246
    Minus the best 25 days             $32,763

    Source: Dimensional Funds 
    These are amazing statistics. Missing just one day — the best day — in the last 50 years means you are making more than $14,000 less. That is 10% less money — for not being in the market on one day. 
    Miss the best 15 days, and you have 35% less money. 
    You can show this with virtually any year, or any time period. This of course works in reverse: not being in the market on the worst days would have made returns higher. 
    But no one knows when those days will occur. 
    Why is it so difficult to time the market? Because you must be right twice: you must be right going in, and going out.  The probability you will be able to make both decisions and beat the market is very small. 
    This is why indexing and staying with the markets has been slowly gaining adherents for the past 50 years. The key to investing is not market timing: it is consistent investing, and understanding your own risk tolerance. More

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    Disney’s board is in focus as activist investor Nelson Peltz considers his next move

    Nelson Peltz is waiting to see what Disney reveals in its quarterly earnings Wednesday before making his next move, according to sources.
    Shareholders can nominate new board members between Dec. 5 and Jan. 4.
    If Trian moves forward with a proxy fight, it will likely call out Disney’s share underperformance and lack of accountability grooming a successor to CEO Bob Iger.

    Nelson Peltz, founder and chief executive officer of Trian Fund Management, during the Future Investment Initiative (FII) Institute Priority Summit in Miami, Florida, on Thursday, March 30, 2023.
    Marco Bello | Bloomberg | Getty Images

    Company boards tend to want to stay out of the spotlight. Activist investor Nelson Peltz may be intent on making sure Disney directors don’t get that luxury.
    Peltz’s Trian Fund Management has acquired about $2.5 billion of Disney shares and will be paying close attention to Disney’s fiscal fourth-quarter earnings report after the bell Wednesday, according to people familiar with the matter. The majority of the shares controlled by Trian belong to Ike Perlmutter, the former boss of Marvel Entertainment and a Peltz ally who has clashed with Disney Chief Executive Bob Iger in the past.

    Trian hasn’t made a public statement since it ended its last activist campaign against Disney in January. The fund has purposefully waited until Disney reports earnings before deciding whether it will move forward with a proxy fight to nominate new board members, said the people, who asked not to be named because the discussions are private. Trian declined to comment.
    It’s unclear if Disney can or will say anything during Wednesday’s earnings conference call that will push Peltz to back down. While Disney has cut 7,000 jobs this year, Trian may want to see evidence that the job reductions and other content spending cuts are improving earnings. Disney named longtime PepsiCo executive Hugh Johnston as its new chief financial officer earlier this week. Disney declined to comment.
    Peltz would ideally like to be added to the board without going through a nomination process, which can be time-consuming and costly. He tried earlier this year to get himself on the Disney board, only to be rebuffed by Iger and eventually walk away in February. Shareholders must nominate directors, to be voted on at Disney’s annual meeting, between Dec. 5 and Jan. 4, according to a Disney filing.
    If Peltz does move forward with a nomination slate, Trian will likely attack Disney’s sagging share price. Disney’s stock is hovering near 10-year lows. Every board member, aside from Iger, has presided during a time where shareholder return has been negative.
    This is true for several other media companies. The legacy media industry – which includes companies such as Paramount Global, Comcast’s NBCUniversal, Warner Bros. Discovery, AMC Networks and Lions Gate Entertainment – has been rocked in recent years by tens of millions of cable TV cancellations and billions of dollars of streaming video losses in an attempt to reinvigorate growth.

    Trian has decided to target Disney because the company’s shares don’t have a controlling owner, and due to a belief in Disney’s best-in-class brand, according to people familiar with Peltz’s thinking. Peltz successfully agitated to get a seat on Proctor & Gamble’s board in 2017, drawn to the company’s brand strength.
    Disney’s board has also struggled to groom a successor to Iger, who has five times renewed his contract to stick around as CEO. While Iger did leave Disney in 2022 after stepping down as executive chairman, he returned 11 months later as CEO after the board fired his hand-picked successor, Bob Chapek.
    Iger again renewed his contract in July to stay at Disney until 2026. Peltz could argue Trian can bring accountability to a board that has given Iger permission to stick around as long as he’d like. Several board members, including Nike Executive Chairman (and Disney Chairman) Mark Parker and General Motors CEO Mary Barra, are particularly close with Iger, CNBC reported in September.
    Still, to sway Disney shareholders to vote for Peltz or other board members, Trian may need to push for specific ideas or financial engineering that Disney hasn’t already articulated. Iger has said he’ll explore options to sell ABC and other linear networks and is interested in taking on strategic investment partners for ESPN. Peltz may be eager to hear if there’s been any progress on either of these fronts from Disney management during its conference call.
    If not, his next move could be a public fight to get himself and others on Disney’s board.
    Tune in: CNBC’s Julia Boorstin will interview Disney CEO Bob Iger at 4:05 p.m. ET on “Closing Bell: Overtime.”
    Disclosure: NBCUniversal is the parent company of CNBC.
    WATCH: Nelson Peltz raises stake in Disney. Here’s what the pros say to do next More