14 August 2017

Pass the Popcorn, Uber Edition

As I have noted earlier, Travis Kalanick was removed as CEO of Uber, and I noted that the company is having problems finding a replacement, because, among other problems,* is that Kalanick imagines himself to be Steve Jobs, and has been meticulously planning a comeback.

While Kalanick shares some characteristics with Steve Jobs, most notably they are both frequently described as sociopaths, but Jobs actually had an eye for design and a vision beyond being a professional asshole.

But Kalanick is trying for a return to the captain's chair, and has been marshaling his forces, while the people who are concerned about parade of increasingly toxic revelations are fighting him.

The main advocate of keeping Kalanick away from management is Benchmark Capital, a private equity firm, and they just upped the stakes by filing a lawsuit against Kalanick for fraud:
Benchmark Capital sued Uber Technologies Inc.’s former chief Travis Kalanick in an effort to oust him from the board, exposing a clash between two of the ride-hailing company’s most powerful and contentious shareholders during the middle of a CEO search.

The lawsuit on Thursday alleges Mr. Kalanick defrauded directors into giving him more control over the board by hiding a range of “inappropriate and unethical directives.”

The allegations center around a decision in June 2016 by Mr. Kalanick to expand the board to 11 seats from eight, effectively giving him control over the designation of those additional seats, the firm said.  


Benchmark, which has a seat on the board, said it never would have authorized that move had it known about the company’s “gross mismanagement and other misconduct at Uber,” citing sexual-harassment allegations at the company, the handling of a rape incident involving a passenger in India and a lawsuit from Google parent Alphabet Inc. over the alleged theft of trade secrets.

In a statement, Mr. Kalanick’s spokesman said the lawsuit is without merit and “riddled with lies and false allegations.” He said Benchmark is attempting to deprive Mr. Kalanick of his rights as a founder and shareholder and silence his voice.
It's pretty clear that Kalanick was concealing this stuff from the board, as evidenced by the alacrity with which they defenestrated him when the revelations came to light.

Another group of investors, comprised of Kalanick bros and people who value a complete lack of ethics in the executive suite, are calling for Benchmark to leave the board.

I have a feeling that Benchmark is in a win-win situation:  Either they will beat Kalanick, or they will be bought out at significant profit.

I do think that Benchmark thinks that they will prevail in their lawsuit, because they gave Kalanick a month's notice before filing the lawsuit, which implies to me that either they have incontrovertible evidence of fraud, or that the revelations of a trial would be disastrous for Uber's investors:
The saga between the powerhouse venture firm Benchmark and former Uber CEO Travis Kalanick continues. Following last week’s lawsuit revelation, Benchmark penned a public letter to Uber employees explaining why it is taking legal action against Kalanick, who remains on Uber’s board and controls two other, empty board seats.

Today, Benchmark doubled down on its decision, writing a note addressed to Uber employees, saying that not only should it sue, but “perhaps the better question is why didn’t we act sooner.” The firm said that when the CEO search began more than 50 days ago, Kalanick agreed in writing to “modify the company’s voting agreement to ensure that the board was composed of independent, diverse, and well qualified directors.” Benchmark is alleging that Kalanick has not followed through on this agreement and that he was warned more than a month ago that he would be subject to potential litigation.
(emphasis mine)

I plan to milk this for as much entertainment value as possible.

It's like trying not to stare at a car wreck.

*Apart from that, Mrs. Lincoln, how was the play?

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