Among the incoming directors are Kenneth Burdick, a former chief executive at WellCare Health Plans Inc, which Centene bought last year, and Wayne DeVeydt, a former chief financial officer at health insurer Anthem Inc. Christopher Coughlin and Theodore Samuels will also join the board. Yet they do have some strategies they can turn to conducting a corporate governance analysis, carrying out a carefully designed public communications campaign, readying a comprehensive break glass in case of emergency plan, and many more. This company needs for the first time since it went public, a board of experienced directors and fresh eyes to hold management accountable and develop a comprehensive succession plan. Politan owned 12.9. Subscribe to WhaleWisdom to view all filing data You can change your choices at any time by visiting your privacy controls. All rights reserved. Principal Place of Business and Contact Information 3. Future plans to nominate directors at other public companies in the next 12 months as well as details on any prior proposals or nominations made within the last 36 months. Politan Capital Management LP, a newly established hedge fund led by veteran activist Quentin Koffey, has a roughly $900 million stake in Centene and has spoken to the company about replacing. Centene is a managed care organization that provides health plan coverage to individuals through government-subsidized and commercial programs. Thanks to our modern infrastructure and research and development division, we develop unique, often patented solutions which are appreciated by our customers. In addition to Irenic Capital, which Adam Katz and Andy Dodge founded in 2021, new names include Strive Asset Management, founded by Vivek Ramaswamy in 2022, and Politan Capital Management, which . Politan has compared the discovery dispute to litigation over plaintiffs demands for corporate books and records, arguing that Masimo should not be allowed to use the backdoor of discovery to obtain investor information thats at the heart of the funds challenge to the merits of the bylaw. The note references new requirements by Masimo Corp which would force Politan Capital or any other activist planning to nominate directors at the medical device maker to disclose the identities of the fund's limited partners and future plans to nominate candidates elsewhere. Filings. See here for a complete list of exchanges and delays. Politan Capital is estimated to generate $132,482 in annual revenues, and employs approximately . Gala Capital. We act innovatively and think ahead. Alison Frankel has covered high-stakes commercial litigation as a columnist for Reuters since 2011. Politan put that information in play when it sued to invalidate the company's bylaw, Masimo contends. You can read more about your cookie choices at our privacy policyhere. Following this conversation, we asked to meet with the whole Board. to see more advanced email alert options such as selecting any type of Mr. Politan is also a member of the Global Finance Practice Group. This requirement ignores the standard confidentiality obligations investment managers have by requesting information the stockholder is unlikely to have, has no right to obtain and otherwise is obligated to keep confidential. However, they will also not back down from a proxy fight if their hand is forced: Koffey showed that at CoreLogic and Hess. This is a board that is desperately in need of refreshment the average tenure of the current Board is 11 years and the average age of the directors is 70 (both would be higher but for the new directors added only because of the WellCare merger). the MV of securities sold, whichever is less, Politan is a company with a strong and stable position developed over many years, not only on the Polish market. Burdick is the former CEO of WellCare who oversaw its margin improvement and DeVeydt is the former CFO of Anthem Inc. On the Ground, Its More Complicated. Extra 20% Off Sitewide w/ adidas Promo Code, All Jeans + Pants 25% off! Politan Capital Management LP c/o Schulte Roth & Zabel LLP 919 Third Avenue, Suite 2300 New York, New York 10022 646-690-2830 With a copy to: Richard M. Brand Cadwalader, Wickersham & Taft LLP. Politan owns a roughly $900 million stake in Centene, which is valued at $46 billion. Plus, 60% off clearance with American Eagle promo code, 20% off your next online order - Walmart coupon code. 316047 | Last Form ADV Filed on 25 Jul 2022 | Registration: SEC Summary Details Export Identifying Information CRD No. Opinions expressed are those of the author. Industry: Pooled Investment Fund (See others in industry) Address: C/O Schulte Roth & Zabel Llp 919 Third Avenue, Suite 2300 New York, NY, 10022 Phone: 212-756-2000 . These disclosures would chill important and permitted communications among stockholders communications that the Securities and Exchange Commission has expressly encouraged and facilitate the harassment of any potential supporters of a stockholders efforts to nominate new directors. Politan, which owns an 8.9% stake in Masimo and is run by Quentin . The discovery dispute, by itself, won't determine the merits of Politan's closely watched challenge to a bylaw that Masimo adopted after the hedge fund acquired an 8.4% stake in the company earlier this year. The company's lawyers argue that Masimo board members were suspicious of Politan's repeated assertion that its investors are passive and free of conflicts. Morsa Images | DigitalVision | Getty Images, Morgan Stanley's Q4 results show the Club holding is firing on all cylinders, as the stock soars. The fund is seeking a declaration that the bylaw cannot be enforced. Related Persons Relationship: X Executive Officer Director Promoter Clarification of Response (if Necessary): General Partner Relationship: X Executive Officer Director Promoter Clarification of Response (if Necessary): Managing Member of the General Partner Auditor. POLITAN CAPITAL, CORP. Company Number 4555618 Previous Company Numbers C4555618 Status Active Incorporation Date 21 January 2020 (almost 3 years ago) Company Type Stock Corporation - CA - General Jurisdiction California (US) Registered Address 7840 FIRESTONE BLVD STE 109 DOWNEY CA 90241 United States Agent Name GUIDO A FUENTES Agent Address Find out more about how we use your information in our privacy policy and cookie policy. https://www.politanmgmt.com/ An operator or ISP must account for 3% or more of total test samples in the market to be on this list. Any after-the-fact revelation of the identity of Politans backers, the fund said, is irrelevant. News Corp is a global, diversified media and information services company focused on creating and distributing authoritative and engaging content and other products and services. The Details: Cara Lombardo and Juliet Chung were first to report that activist investor Politan Capital Management has taken a roughly $900 million stake in Centene Corp. Politan Capital Management LP is a newly established hedge fund led by veteran activist Quentin Koffey. $ + tax Many of the Bylaw Amendments are unprecedented among publicly traded companies. GREAT RESOURCES - STRONG PARTNER. Reuters, the news and media division of Thomson Reuters, is the worlds largest multimedia news provider, reaching billions of people worldwide every day. You will be charged De-SPACed companies that are rigorous in their preparation and skillful in their responses will be best equipped to come out on top. Issuer's Identity 2. DELAWARE DOMESTIC LIMITED PARTNERSHIP. Svea Herbst-Bayliss. Politan Capital reportedly took a $900 million stake in Centene Corp. ( CNC) last year and in December the company reached a cooperation agreement with the activist. A new board that holds the right management team accountable can replicate what Burdick did at WellCare, and getting the margins to 4.5% could lead to a tripling of the company's stock price. Politan asserts that the bylaw contravenes Delaware law by entrenching Masimos management and interfering with shareholders right to vote for directors. Politan Capital Management is based out of New York. Before joining Reuters, she was a writer and editor at The American Lawyer. For the future of shareholder activism, the stakes have rarely been higher. After repeated requests, Mr. Kiani finally agreed to a meeting, during which we expressed our interest in obtaining representation on Masimos Board and made clear that Politan was approaching the situation with an open mind, would reserve judgment on any of Masimos strategic initiatives and had a long-term focus with the substantial majority of our capital committed for three to four years. By continuing to use this site you are consenting to these choices. How do I update this listing? Law firm Sidley warns clients about rules that may hinder activists, CEOs, not proxy cards, are what fuel activists, Koffey's Politan takes 9% stake in Masimo, to push for change. or to simply have an email sent to you whenever we receive a new Masimo, meanwhile, contends in a countersuit against Politan that the company's advance notice bylaw is a legitimate way to assure that shareholders have sufficient information about proposed board candidates including dissident candidates potential conflicts before they vote on corporate directors. . CBI websites generally use certain cookies to enable better interactions with our sites and services. Investments Number of Investments 1 Number of Lead Investments 1 Politan Capital Management has invested in Masimo on Aug 15, 2022. Stock Market Value: $44.2B ($75.86 per share). Masimos bylaws eliminate stockholders ability to nominate directors and restrict stockholder voting to only those candidates selected by the incumbents. When 2 percentage points of margin is the difference between doubling your profits or not, the valuation of these businesses largely depends on how costs are managed. So many activists that fell short under the old rules may well suffer the same fate under the new ones. Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers. POLITAN CAPITAL PARTNERS L.P. (DOS ID: 6283541) was incorporated on 2021-09-17 in New York. Masimos robust advance-notice bylaws require that shareholders seeking to nominate directors disclose certain information about the nominating shareholders investors, alongside a wide range of other revealing information. That Is the Question NEW YORK, (BUSINESS WIRE) -- Politan Capital Management (together with its affiliates, "Politan"), an 8.8% stockholder of Masimo Corporation ("Masimo" or the. POLITAN CAPITAL PARTNERS GP LLC Company Number 6105323 Incorporation Date 22 July 2021 (over 1 year ago) Company Type Domestic Limited Liability Company Jurisdiction Delaware (US) Registered Address. For non-personal use or to order multiple copies, please contact This is the complete list of all insitutional investors and hedge funds that have filed an SC 13D with the Securities and Exchange Commission (SEC) within the last 12 months. According to the New York Times, "pressure [had] been building from activist investors, with Nelson . .css-16c7pto-SnippetSignInLink{-webkit-text-decoration:underline;text-decoration:underline;cursor:pointer;}Sign In, Copyright 2023 Dow Jones & Company, Inc. All Rights Reserved. The companys lawyers at Quinn Emanuel Urquhart & Sullivan and Paul Hastings have said Masimo adopted the bylaw to promote transparency after the U.S. Securities and Exchange Commission changed proxy voting rules to require that companies present shareholders with all board candidates on a single voting card. And its a growing challenge that looms large over deals of all sizes. Get the latest business insights from Dun & Bradstreet. Their last reported 13F filing for Q3 2022 included $1,661,104,000 in managed 13F securities The most comprehensive solution to manage all your complex and ever-expanding tax and compliance needs. These acquisitions need to be integrated and operations need to be centralized. Bumpitrage: As Activists Increasingly Attack Deals, How Can Companies Prepare? Politan Capital is located in Great Neck, New York. POLITAN CAPITAL MANAGEMENT CRD No. Politan brought its lawsuit against Masimo in October, after Masimo adopted a new so-called advance notice bylaw that, among other things, would require investment funds that have nominated a candidate for Masimos board to disclose information about their own financial backers to other shareholders in advance of proxy voting for directors. But in a client alert issued last month, Sidley Austin which, keep in mind, bills itself as a specialist in helping companies defend against activist hedge funds said that Masimo was flying close to the sun and risked undermining reasonable and appropriate advance notice bylaws.. Masimo, broadly speaking, insists that Delaware courts must uphold corporations discretion to require disclosures from would-be board members who may have ulterior motives. Compare against similar firms. Ernst & Young Ltd, Ernst & Young LLP. In the legend, a master craftsman creates wings of feathers and wax for himself and his son to escape danger. Welcome to. Both sides agree that their litigation will help decide the future of advance notice bylaws. The suit is in response to amendments to Masimos bylaws that the Company adopted on September 9, 2022 (the "Bylaw Amendments") one week after its only meeting with Politan at which time the Board also instituted a stockholder rights agreement (commonly known as a poison pill). Table of Contents show. Politan Capital Management is a hedge fund with 3 clients and discretionary assets under management (AUM) of $1,172,004,771 (Form ADV from 2022-07-25). Partners. Alt Turnover is calculated by taking either the total MV of new purchases or Politan Capital Management (together with its affiliates, "Politan"), an 8.8% stockholder of Masimo Corporation ("Masimo" or the "Company") (NASDAQ: M This column will examine the defense devised by Masimo Corp., a publicly held medical technology company, to resist a proxy contest threatened by Politan Capital Management LP, an activist hedge fund. Its Managed Care segment offers health plan coverage to individuals through government-subsidized programs, including Medicaid, state children's health insurance programs, long-term services and support, foster care, and Medicare-Medicaid plans. Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks. All Jeans + Pants 25% off! Stats are not available for the latest quarter, View Last Form Adv Compilation Report on Record. The timing and sequencing was as predictable as insomnia for kids on Christmas Eve. An activist investor has a big stake in Masimo Corp. and plans to push the medical-device company to take action to improve its stock price following a poorly received acquisition, according to people familiar with the matter. Business: Centene operates as a multi-national health-care enterprise that provides programs and services to under-insured and uninsured individuals in the United States. Because the company adopted the new disclosure requirements after Politan said it wanted to engage with corporate management, Sidley said, the bylaw might be subject to enhanced scrutiny. Nicholas H. Politan, Jr. is a partner in the New York office of Gibson, Dunn & Crutcher and Co-Chair of Gibson Dunn's Energy (Power and Renewables) Practice Group. Download 13F Summary For this reason, activists with ESG-related ambitions will be thinking more about the economic arguments in their proposals, and crafting them to ensure that the sustainability reforms they advance stay focused on the bottom line. Universal Proxy Cards: Will the SECs New Rules Produce Change in the Boardroom? Continue reading your article witha WSJ membership, Already a member? After years of growth and optimism, the ESG movement is encountering its first serious ideological push-back, with anti-ESG activists increasingly seeking to influence the focus of activists who in recent years have used ESG as part of the narrative for their proxy campaigns. Heading into 2023, companies should make sure to keep a new reality in mind: Activists are no longer a category of shareholder. The Company's current operating status is Active Company Info DOS ID: 6283541 Current Entity Name: POLITAN CAPITAL PARTNERS L.P. Incorpration Date: 2021-09-17 Company Status: Active Entity Type: Information demands include: The names of the nominating stockholders passive limited partners ("LPs") as well as their and their families investment holdings in the Companys competitors or counterparties to litigation (including stock holdings in companies as commonly held as Alphabet Inc., Amazon.com Inc., Apple Inc., Medtronic plc, and Samsung Electronics Ltd). Politan Capital Partners GP LLC. Its the practice of buying shares in a takeover target, insisting that the acquirers offer is too low, and trying to convince the target to seek a better offer or the acquirer to pay more if they want to secure shareholder approval. While it would still be our preferred path to work constructively with Mr. Kiani and the Board, we must seek relief in Delaware court simply to preserve the fundamental ability to nominate directors in time for Masimos next annual meeting. Fund Details. Registered Agent: NEW YORK, October 21, 2022--Politan Capital Management (together with its affiliates, "Politan"), an 8.8% stockholder of Masimo Corporation ("Masimo" or the "Company") (NASDAQ: MASI), filed a lawsuit in the Court of Chancery of the State of Delaware today against the Company and its Board of Directors (the "Board"). The CB Insights tech market intelligence platform analyzes millions of data points on vendors, products, partnerships, and patents to help your team find their next technology solution. Custodian. As sure as the seasons would turn, proposals would begin to appear around the holidays, voting would follow in the spring, and proxy contests would be over by the start of the summer. Sustainable Capital: To ESG or Not to ESG? Dow Jones Reprints at 1-800-843-0008 or visit www.djreprints.com. LOUIS, Nov. 3, 2021 /PRNewswire/ -- Centene Corporation (NYSE: CNC) today issued the following statement with regard to Politan Capital Management: Centene's Board of Directors and management team are committed to acting in the best interests of the Company and its shareholders - and deliver substantial, sustainable value. John Paulson's: Paulson & CO. Nelson Peltz's: Trian Fund Management. Their business is recorded as FOREIGN LIMITED PARTNERSHIP . Yet seeking a board seat is one thing, and winning one is quite another. The new board will look at internal and external candidates to replace Neidorff, the company said. Submitters are 7x more likely to receive a qualified connection. Koffey is operating Politan more like a private equity fund than a traditional long-short equity hedge fund, as it can draw down locked up capital to give it enough time to accomplish its goals through active engagement with boards and management teams to improve governance, operations or strategic direction. Mr. Politan focuses his practice on domestic and cross-border energy-related transactions, including mergers and acquisitions, financings [] For over 30 years we have demonstrated an unwavering commitment to our clients, community and each other. De-SPACed companies those that have gone public through a merger with a special purpose acquisition company (SPAC) have become especially vulnerable to activist attacks. Bored Ape whale splurges nearly $1 Million on Rare DeGods NFTs . De-SPACtivism: Can De-SPACed Companies Fight Back? 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