March 11 (Reuters) - Blackwells Capital said on Monday
Walt Disney failed to tell shareholders that ValueAct
Capital Management had invested more than $350 million of the
U.S. entertainment giant's pension fund assets, creating a
conflict of interest.
"ValueAct's management of Disney's pension funds is not
disclosed anywhere in any of the referenced communications,"
Blackwells Chief Investment Officer Jason Aintabi wrote in a
public letter to Disney shareholders.
"Meanwhile, Disney's entire shareholder franchise population
has been led to believe that ValueAct provided its independent
and unqualified support of the Board independently."
Blackwells urged shareholders to disregard ValueAct's
endorsement of Walt Disney's ( DIS ) board in the upcoming
elections of the board of directors.
Disney is relying on ValueAct's endorsement at a time when
it is fighting to fend off two other activist-investors -
Blackwells and Trian Fund Management - as each firm lobbies for
seats on the Disney board.
Neither Disney nor ValueAct immediately responded to
requests for comment.
ValueAct, which built a stake in Disney last year and
reached an information sharing agreement in January to help
advise Disney on strategic matters, last week publicly supported
the Disney board at the Council of Institutional Investors
conference.
Like many hedge funds, ValueAct and Trian also earn fees by
investing capital on behalf of big corporations.
Disney on Monday said it had fired Trian in 2021 for poor
performance. But the company did not say in its proxy materials
which other firms have previously or are still managing money
for its pension fund.
Blackwells cited Disney's form 5500, which is filed with the
Department of Labor, as its source for information on the
management firms Disney employs.