NEW YORK, March 28 (Reuters) - Blackwells Capital upped
the pressure on Walt Disney ( DIS ) in a long-running boardroom
battle by suing the entertainment giant on Thursday for
information that may point to possible disclosure violations in
dealings with hedge fund ValueAct Capital.
The suit, filed in a Delaware court, is the latest chapter
in a fight over who will sit on Disney's ( DIS ) board and help guide
the home of Mickey Mouse in business and personnel decisions.
Blackwells and another hedge fund, Trian Fund Management,
are trying to persuade investors to elect their director
candidates while Disney ( DIS ) is backing its own directors.
Blackwells' suit centers around a relationship between the
entertainment company and prominent hedge fund ValueAct Capital
and an information sharing agreement the two signed earlier this
year.
Disney ( DIS ) did not immediately respond to a request for comment
from Reuters on Thursday.
Disney ( DIS ) had fully withdrawn its investment in ValueAct and
the firm no longer managed any money for the company when
ValueAct built its stake in Disney ( DIS ) last year, a person familiar
with ValueAct's business told Reuters earlier this month.
ValueAct previously managed pension fund assets for
Disney ( DIS ) and late last year began building a position in Disney ( DIS ).
Earlier this month the firm's chief investment officer and
co-chief executive, Mason Morfit, backed re-electing Disney ( DIS ) CEO
Bob Iger and the entire Disney ( DIS ) board, keeping the two hedge
funds' contenders out.
Blackwells said Disney ( DIS ) failed to properly disclose its
arrangement with ValueAct Capital and is now suing to "determine
whether wrongdoing, mismanagement, or breaches of fiduciary
duty" took place.
"The incumbent Disney Board, has not done itself any
favors by touting the agreement with ValueAct in their hopes to
sway shareholders," a Blackwells spokesperson said.
"Shareholders are entitled to full disclosure about the
ValueAct relationship including, among other things, all fees to
it by Disney ( DIS ) in the 10-year period leading up to ValueAct's
endorsement of the Board."
(Reporting by Svea Herbst-Bayliss; editing by Costas Pitas)