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Trump tariffs and economic uncertainty fuel further settlements between CEOs, activists

Yeti Holdings shares fell in December, and then again in March after President Donald Trump threatened to impose tariffs on China. The company's factories were located in China.

Yeti, the Austin-based manufacturer of $300 coolers and travel mugs for $40, faced another problem behind the headlines.

According to sources familiar with the discussions, Engaged Capital pushed management to return cash back to shareholders, expand to new geographies and be more transparent to investors. The hedge fund predicted that these changes could help Yeti's shares triple in the next three year.

Faced with market volatility and concerns over consumer demand Yeti and Engaged reached a settlement. This ended a potentially messy dispute and lifted the shares by nearly 6% on that day. Yeti declined to comment on the matter.

According to a dozen analysts, investors, lawyers and bankers, the peace at Yeti is a part of an increasing trend, as corporations and their activists decide to find common grounds amid the prospect of a tariff battle, mass layoffs in U.S. Government agencies, and the growing threat of a possible recession, which is weighing down on stock prices and clouding business outlooks.

Barclays reports that 29 global companies settled their claims in the first three months of this year, a jump of 32% from a similar period last year.

Duncan Herrington is a managing partner of consulting firm Jasper Street Partners. He said, "If the uncertainty in the market continues, there will likely be more settlements as fewer disputes are likely to end up in a vote."

Another recent settlement was with the cybersecurity company Rapid7, which agreed to add three additional directors. Consumer health company Kenvue settled with Starboard Value. The company is known for household brands like Band-Aid, Tylenol and Tylenol.

Bankers and lawyers have been told by corporate chiefs who recently navigated through the Covid-19 pandemic that they should remove distractions such as board fights in order to focus on running their businesses.

Lawrence Elbaum is the co-head Vinson & Elkins shareholder activism practice. He said that many companies want to remove risk from their business so they can concentrate on it. "Activists are also suffering because their returns have been hammered, so they want quick settlements."

It is true that big board fights continue at U.S. Steel and Phillips 66, as well as Autodesk. This shows it's too early to declare peace in corporate America. Both sides show flexibility and a willingness to reach a settlement.

Herrington, of Jasper Street, said that people are now more willing to cooperate.

Activists, who used to try to get their founders onto boards, are less adamant about securing a seat on the board for themselves. Bankers and lawyers say that more boards will consider candidates suggested by activist investors if the candidate has deep industry expertise.

People familiar with the selection procedure said that Engaged Capital wanted Yeti's product offering to be expanded, so they introduced Arne Arens to management. Arens is now the director of the company. He has clothing industry expertise.

Many activists have lost money in the past year, so they are less likely to continue a costly, uncertain battle.

"You need to calculate your chances of winning a fight," said Lyndon Park who is the CEO of ICR Shareholder Advisory. If both parties are willing to compromise, then a settlement will not be a loss. (Reporting and editing by Dawn Kopecki, Edward Tobin and Svea Herbst Bayliss)

(source: Reuters)