March 2013 M&A and Investment Summary

Total Page:16

File Type:pdf, Size:1020Kb

March 2013 M&A and Investment Summary March 2013 M&A and Investment Summary Expertise. Commitment. Results. M&A & INVESTMENT SUMMARY MARCH 2013 1 TABLE OF CONTENTS Overview of Monthly M&A and Investment Activity 3 Monthly M&A and Investment Activity by Industry Segment 8 Additional Monthly M&A and Investment Activity Data 42 About Petsky Prunier 54 Securities offered through Petsky Prunier Securities, LLC, member of FINRA. This M&A and Investment Summary has been prepared by and is being distributed in the United States by Petsky Prunier, a broker dealer register with the U.S . SEC and a member of FINRA. Petsky Prunier is not affiliated with Altium Capital Ltd, but has partnered with Altium to expand its international presence. Altium has not prepared or verified the information in this Summary. Persons in the United States should contact Petsky Prunier for further information or services. This M&A and Investment Summary is not being distributed by Altium Capital Ltd in the United States and Altium Capital Ltd is not offering any services to persons in the United States. M&A & INVESTMENT SUMMARY MARCH 2013 2 M&A AND INVESTMENT SUMMARY FOR ALL SEGMENTS Transaction Distribution • A to ta l of 336 deal s were announced in March 2013, of which 201 reported $8.7 billion in value • Digital Media/Commerce was the most active segment with 73 transactions, of which 48 reported $1.1 billion in value • Traditional Media was the highest reported value segment, with 18 transactions announced, of which 11 announced $4.1 billion in value • Strategic buyers announced 155 deals (46 percent of total volume), of which 43 reported $4.1 billion in value • VC/Growth Capital investors announced 171 deals, of which 156 reported $4.6 billion in value • Buyout investors announced 10 deals during the month MARCH 2013 BUYER/INVESTOR BREAKDOWN Transactions Reported Value Strategic Buyout Venture/Growth Capital # % $MM % # $MM # $MM # $MM Digital Media/Commerce 73 22% 1,131.5 13% 30 830.1 0 - 43 301.4 Marketing Technology 68 20% 548.0 6% 21 270.6 0 - 47 277.5 Software 51 15% 907.2 10% 28 686.0 2 5.4 21 215.8 Digital Advertising 38 11% 151.0 2% 18 35.5 1 - 19 115.5 Technology 30 9% 704.0 8% 11 491.4 0 - 19 212.6 Information & Business Services 22 7% 790.2 9% 9 742.0 3 - 10 48.2 Traditional Media 18 5% 4,145.4 48% 12 787.5 2 - 4 3,357.9 Agency 14 4% 27. 8 0% 13 27. 7 1 010.1 0 - Marketing Services 12 4% 7.5 0% 7 - 1 - 4 7.5 Communications 10 3% 244.0 3% 6 215.0 0 - 4 29.0 Total 336 100% 8,656.6 100% 155 4,085.8 10 5.5 171 4,565.4 M&A & INVESTMENT SUMMARY MARCH 2013 3 M&A AND INVESTMENT SUMMARY FOR ALL SEGMENTS Transaction Distribution • On a month-over-month basi s, volume and reporte d value increase d 12 percent and 43 percent, respectivel y • Activity in the Digital Advertising and Marketing Technology segments increased by the highest margins from the previous month, with 12 and 11 additional transactions announced during the month • The largest control transaction announced in March was Temp Holdings’ $742 million acquisition of Intelligence Holdings, a Japan-based temporary staffing agency • The largest investment during the month was Liberty Media’s $2.6 billion purchase of a 27 percent stake in cable services provider Charter Communications, from Oaktree Capital Management, Crestview Partners, and Apollo Global Management, at a valuation of $22.6 billion M&A and Investment Volume For All Segments - Last 13 Months ($BN) All transactions; Value based on reported values only 25.0 $22.4 $19.1 20.0 $15.3 $15.9 2 15.0 $12.8 $11.7 3 5 $9.5 $9.8 $9.9 3 2 $8.5 $8.7 10.0 7 $7.1 $6.1 2 2 3 2 1 5.0 5 1 377 381 377 376 402 401 342 409 298 335 - 305390 253 Mar-12 Apr-12 May-12 Jun-12 Jul-12 Aug-12 Sep-12 Oct-12 Nov-12 Dec-12 Jan-13 Feb-13 Mar-13 Deals valued over $1BN M&A & INVESTMENT SUMMARY MARCH 2013 4 SELECTED TRANSACTIONS WITH VALUATION INFORMATION DISCLOSED ($ in Millions) Selected Transactions With Multiples Information Target Subsegment Buyer/Investor Ent. Value Rev EBITDA EV/REV EV/EBITDA Marketing Technology altosoft Corporation BI Tools Kofax, Inc. $13.5 $3.4 - 4.0x NM Agency/Consulting Amaze plc Digit al Agenc y St. Ives Marketing Services 22. 8 - 252.5 * NA 91x9.1x Traditional Media Charter Communications(1 ) Cable & Satellite Television Liberty Media Corporation 22,580.9 7,500.0 2,600.0 3.0x 8.7x Sky Network Television Ltd.(2 ) Cable & Satellite Television (Unnamed Fund Contibuters) 1,968.6 711.1 283.4 2.8x 6.9x Outdoor Channel Holdings Broadcast Television Kroenke Sports Enterprise 227.0 77.3 9.1 2.9x 24.9x Technology Tensilic a Infrastruc ture Technology Cadenc e Design Systems, Inc . 380.0 44.0 - 8.6x NM Communications Kentrox, Inc. Networking Equipment Westell Technologies, Inc. 30.0 30.0 - 1.0x NM Arieso Software Defined Networking JDS Uniphase Corporation 85.0 20.7 1.8 * 4.1x 47.8x Software Computer Software Holdings Financial Software Advanced Computer Software Group plc 164.2 100.0 21.5 1.6x 7.7x Melbourne IT Digital Brand Servic es Inc . Legal Software Corporation Servic e Company 157.3 56.9 9.8 * 2.8x 16.0x nCircle Network Security, Inc. Security Software Tripwire, Inc. 100.0 40.0 - 2.5x NM IPOs After Final Pricing Target Subsegment Buyer/Investor Ent. Value Rev EBITDA EV/REV EV/EBITDA Marketing Technology Marin Software Online Targeting/Optimization IPO $324.9 $84.3 $5.0 3.9x 65.0x Software Model N, Inc. Financial IPO 425.0 59.6 (22.0) 7.1x NM Information & Business Services Professional Diversity Network LLC HR Information IPO 49. 8 616.1 282.8 82x8.2x 17. 8x * EBITDA represented by EBIT proxy (1) Charter Communications sold a 27 percent stake to Liberty Media for $2.6 billion (2) Sky Network Television sold a 44 percent stake to unnamed fund contributors for $671 million Note: IPO multiples based on TTM financials and pro forma balance sheets per latest Registration Filing M&A & INVESTMENT SUMMARY MARCH 2013 5 SECURITIES IN REGISTRATION ($ in Millions) Aggreg ate LTM Date Company Name Segment Offering Value Rev EBITDA Mar-13 Blackhawk Network Holdings, Inc. Technology $200.0 $959.1 $92.3 Mar-13 Rally Software Development Corp. Software 70.0 52.6 (7.8) Feb-13 Oisix Co., Ltd Digital Media/Commerce 9.0 NA NA Feb-13 QQguintiles Transnational Holdings Inc. Information & Business Services 600.0 3,692.3 486.2 Feb-13 Softmax Co., Ltd Softw are 7.0 NA NA Jan-13 Channel Nine Entertainment Limited Traditional Media 2.2 NA NA Oct-12 Violin Memory, Inc. Technology NA 100.0 NA Aug-12 Just Dial Limited Digital Advertising NA 48.8 13.0 J12Jun-12 golden Tec h SA SftSoftware 525.2 NA NA Jun-12 Shanghai Amarsoft Information Technology Software NA NA NA Apr-12 BlackStratus, Inc. Software 20.0 9.2 (0.6) Apr-12 NSFOCUS Information Technology Co., Ltd. Communications NA NA NA Apr-12 Shenzhen Tinno Mobile Technology Corp. Communications 451.0 NA NA Mar-12 Exponential Interactive, Inc. Digital Advertising 75.0 169.1 22.0 Mar-12 Reval Holdings, Inc. Software 75.0 47.0 (12.1) M&A & INVESTMENT SUMMARY MARCH 2013 6 LTM IPO PERFORMANCE Initial Offering Final Price Stock Price at Close Stock Price on % Change from Date Ticker Company Name Country Price Range Per Share on 1st Trading Day Mar 28, 2013 1st Trading Day Mar-13 MRIN Marin Software United States $11.00-$13.00 $14.00 16.26, up 16% $16.43 1.0% Mar-13 MODN Model N, Inc. United States 12.50-14.50 15.50 18.45, up 19% 19.85 7.6% Mar-13 IPDN Professional Diversity Network LLC United States 10.00-12.00 8.00 7.67, down 4% 6.65 (13.3%) Feb-13 DGS Digital Globe Services, Ltd. United States No Range 2.47 2.59, up 5% 2.51 (3.1%) Feb-13 XOOM Xoom Corporation United States 13.00-15.00 16.00 25.49, up 59% 22.64 (11.2%) Nov-12 3666 Tecnos Japan Incorporated Japan 16.77-18.72 18.72 27.66, up 48% 30.51 10.3% Nov-12 YY YY, Inc. China 10.50-12.50 10.50 11.31, up 8% 17.40 53.8% Oct-12 RKUS Ruckus Wireless, Inc. United States 13.00-15.00 15.00 12.25, down 18% 21.48 75.3% Oct-12 FLTX Fleetmatics Group Limited United States 15.00-17.00 27.00 22.30, up 31% 24.01 7.7% Oct-12 RLGY Realogy Holdings Corp. United States 23.00-27.00 27.00 34.20, up 27% 48.97 43.2% Ot12Oct-12 SSTK Shu tters toc k, Inc. UitdUnited SttStates 13. 00-15 .00 17. 00 21. 66, up 27% 44. 65 106.1% Oct-12 WDAY Workday, Inc. United States 24.00-26.00 28.00 48.69, 74% 61.25 25.1% Sep-12 TRLA Trulia, Inc. United States 14.00-16.00 17.00 24.00, up 41.8% 31.43 31.0% Aug-12 PFMT Performant Financial Corporation United States 12.00-14.00 9.00 10.60, down 18% 12.25 15.6% Jul-12 EOPN E2open, Inc.
Recommended publications
  • Press Release Preview
    EDITOR’S NOTE: Hallmark Channel has Breaking News, go to www.crownmediapress.com for more images and more information. TWITTER: @HallmarkChannel, @TillmanSkates, @NormanScooter, #TillmanTV, #WLTDO January 29, 2013 HALLMARK CHANNEL PRESS RELEASE – ENTERTAINMENT FRIDAY ON ‘WHO LET THE DOGS OUT’ (Friday, February 1) . CHARLIE SHEEN, GARY SINISE, DICK VAN PATTEN AND JIMMY VAN PATTEN APPEAR ALONGSIDE SKATEBOARDING DOG TILLMAN AND HIS FRIENDS IN THE HALLMARK CHANNEL NEW ORIGINAL SERIES PREMIERE ‘WHO LET THE DOGS OUT’ FRIDAY, FEB. 1 (1 PM ET/PT, 12C). Today on “Who Let The Dogs Out,” Tillman and the gang make a stop at Fiesta Parade Floats where they see for the first time and test the 2013 Rose Parade float that salutes and honors the heroism and service of the brave canine members who are part of America’s armed forces. The float features a floral depiction of the U.S. Military Working Dog Teams Monument, the first ever monument in history that honors and elevates a dog to National Monument status by U.S. Congressional Law. After the test run, Tillman and his owner Ron are off to the Los Angeles International Airport where Tillman gets the once in a life opportunity to skateboard down the American Airlines Terminal. Tillman and his friends board their flight and head to Dallas where they meet Lucca, a Marine working dog and American hero who made a miraculous recovery after losing her leg in an explosion during the war in Afghanistan. While in Dallas, Tillman skates and participates in Sky Ball X, an event that honors America’s military service members, veterans and their families.
    [Show full text]
  • Globale Aktier 1 Page 1 ISIN Navn US0378331005 APPLE INC
    Globale aktier 1 ISIN Navn US0378331005 APPLE INC US02209S1033 ALTRIA GROUP INC US5949181045 MICROSOFT CORP US20030N1019 COMCAST CORP-CLASS A US92826C8394 VISA INC-CLASS A SHARES US8288061091 SIMON PROPERTY GROUP INC DK0060534915 NOVO NORDISK A/S-B US9497461015 WELLS FARGO & CO US4370761029 HOME DEPOT INC US46625H1005 JPMORGAN CHASE & CO US4612021034 INTUIT INC US4781601046 JOHNSON & JOHNSON US92343V1044 VERIZON COMMUNICATIONS INC US30231G1022 EXXON MOBIL CORP NL0000009355 UNILEVER NV-CVA US5486611073 LOWE'S COS INC US03076C1062 AMERIPRISE FINANCIAL INC US17275R1023 CISCO SYSTEMS INC US1266501006 CVS HEALTH CORP US91324P1021 UNITEDHEALTH GROUP INC NL0010672325 KONINKLIJKE AHOLD NV US14149Y1082 CARDINAL HEALTH INC US03073E1055 AMERISOURCEBERGEN CORP US26138E1091 DR PEPPER SNAPPLE GROUP INC FR0000120578 SANOFI FI0009013403 KONE OYJ-B US3755581036 GILEAD SCIENCES INC US87612E1064 TARGET CORP DE000BAY0017 BAYER AG-REG JP3726800000 JAPAN TOBACCO INC US3703341046 GENERAL MILLS INC US8825081040 TEXAS INSTRUMENTS INC JP3735400008 NIPPON TELEGRAPH & TELEPHONE US0311621009 AMGEN INC JP3942400007 ASTELLAS PHARMA INC US6541061031 NIKE INC -CL B US0231351067 AMAZON.COM INC Page 1 Globale aktier 1 US3696041033 GENERAL ELECTRIC CO US58155Q1031 MCKESSON CORP US0970231058 BOEING CO/THE GB0007980591 BP PLC US12572Q1058 CME GROUP INC US22822V1017 CROWN CASTLE INTL CORP CA8911605092 TORONTO-DOMINION BANK JP3633400001 TOYOTA MOTOR CORP US6937181088 PACCAR INC US44107P1049 HOST HOTELS & RESORTS INC IT0000072618 INTESA SANPAOLO US8243481061 SHERWIN-WILLIAMS
    [Show full text]
  • Catholic United Investment Trust Annual Report
    CATHOLIC UNITED INVESTMENT TRUST ANNUAL REPORT (AUDITED) December 31, 2015 CATHOLIC UNITED INVESTMENT TRUST TABLE OF CONTENTS Page REPORT OF INDEPENDENT AUDITORS 1-2 Statement of Assets and Liabilities 3-4 Schedule of Investments: Money Market Fund 5-7 Short Bond Fund 8-11 Intermediate Diversified Bond Fund 12-21 Opportunistic Bond Fund 22-27 Balanced Fund 28-38 Value Equity Fund 39-41 Core Equity Index Fund 42-48 Growth Fund 49-52 International Equity Fund 53-56 Small Capitalization Equity Index Fund 57-73 Statements of Operations 74-76 Statements of Changes in Net Assets 77-79 NOTES TO FINANCIAL STATEMENTS 80-92 FINANCIAL HIGHLIGHTS 93-95 Crowe Horwath LLP Independent Member Crowe Horwath International INDEPENDENT AUDITOR'S REPORT To the Members of the Board of Trustees and Unit-holders of Catholic United Investment Trust Report on the Financial Statements We have audited the accompanying financial statements of Catholic United Investment Trust – Money Market Fund, Short Bond Fund, Intermediate Diversified Bond Fund, Opportunistic Bond Fund, Balanced Fund, Value Equity Fund, Core Equity Index Fund, Growth Fund, International Equity Fund, and Small Capitalization Equity Index Fund (the “Trust”), which comprise the statement of assets and liabilities as of December 31, 2015, the schedule of investments as of December 31, 2015, the related statements of operations and statements of changes in net assets for the periods ended December 31, 2015 and 2014, and the financial highlights for the periods ended December 31, 2015 and 2014, and the related notes to the financial statements. Management’s Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
    [Show full text]
  • The Future of Tourism and Hospitality in the Artificial Intelligence (AI) Era
    August 7th, 2018 Pretoria, South Africa The Future of Tourism and Hospitality in the Artificial Intelligence (AI) Era Leapfrogging into cashless tourism Wolfgang Georg Arlt What can OTAs learn from online consumer comments about weekend getaway packages? Yan MAO Perception of risk & trust and tourists’ acceptance of eTourism technologies: A synthesis of academic literature Shahab Pourfakhimi, Willem Coetzee, New Zealand, Tara Duncan Kitchen staffs’ perceptions and attitudes towards Artificial Intelligence: The case of a Gauteng Hotel Group DS Hewson, CH Mabaso, G Vingerling CHAIR: PROF. DR. WOLFGANG GEORG ARLT FRGS FRAS COTRI CHINA OUTBOUND TOURISM RESEARCH INSTITUTE Multilingual but cashless – How technological development is changing the Chinese outbound tourism PROF. DR. WOLFGANG GEORG ARLT FRGS FRAS COTRI CHINA OUTBOUND TOURISM RESEARCH INSTITUTE Introduction COTRI COTRI is the world’s leading institute for research and consulting services related to the Chinese outbound tourism market, and cooperates with all leading international and Chinese tourism organisations. COTRI offers services around to customers around the world since 2004 as an independent institute research and consulting, led by Prof. Dr. Wolfgang Georg Arlt FRGS FRAS. Offices are located in Hamburg/Germany and Beijing/China, with a global network of regional partners on all continents. COTRI IN GERMANY COTRI IN CHINA COTRI China Outbound COTRI China Office Tourism Research Institute 21th Fl, Wangjing West India House Greenland Eiffestraße 68 Center B Hongtai East D-20537 Hamburg Street, Chaoyang District Beijing 100102 COTRI’s founder and director 中 First visit to People’s Republic of China in 1978 中 1991-1999 owner of Inbound Tour Operator China -> Europe with offices in Beijing and Berlin 中 Since 2004 COTRI founder and director 中 Professor for International Tourism Management at West Coast University of Applied Sciences Germany (Heide) 中 Visiting professor at universities in China, UK and New Zealand 中 Fellow Royal Geographical Society (London) 中 Fellow Royal Asiatic Society (London) Prof.
    [Show full text]
  • 'The Most Wonderful Movies Of
    EDITOR’S NOTE: Hallmark Movie Channel has Breaking News, go to www.crownmediapress.com for more images and more information. FOR IMMEDIATE RELEASE: Contact: Pam Slay, 818.755.2480 March 13, 2014 [email protected] HALLMARK MOVIE CHANNEL BRINGS BACK ITS SUCCESSFUL ‘THE MOST WONDERFUL MOVIES OF CHRISTMAS’ ANNUAL HOLIDAY PROGRAMMING SLATE “The Most Wonderful Movies of Christmas” Features Two Original Holiday Movie World Premieres And All-New 24/7 Holiday Programming Hallmark Movie Channel will continue its treasured holiday celebration this year with “The Most Wonderful Movies of Christmas,” a unique holiday programming slate featuring two Original Holiday Movie World Premieres, “The Christmas Secret” and “The Christmas Shepherd,” and a collection of classic holiday viewer favorites beginning Monday, November 3. Following the success of last year’s first-ever Original Holiday Movie World Premiere, “Christmas With Tucker,” which became the network’s most watched original premiere among households and women 25-54 in network history, this year’s “The Most Wonderful Movies of Christmas” will feature two original holiday movie world premieres and, for the first time, 24/7 holiday themed programming. “Coming off the heels of a very successful launch of ‘The Most Wonderful Movies of Christmas,” we are looking to further broaden and expand the campaign to create a unique viewing experience for consumers and holiday enthusiasts,” said Michelle Vicary, EVP, Programming for Hallmark Channel and Hallmark Movie Channel. “This year’s campaign will be bigger and better than ever, providing viewers with a holiday destination perfect for the entire family,” Vicary concluded. “The Christmas Secret” is based on the bestselling book of the same name by New York Times bestselling author Donna VanLiere, and tells the heartfelt story of a single mom who discovers a miraculous secret at Christmas that forever changes her life and the lives of those around her.
    [Show full text]
  • Press Release Preview
    HALLMARK MOVIE CHANNEL’S RATINGS SUCCESS CONTINUES WITH “OUR WILD HEARTS” DELIVERING 1.0 HH RTG 2nd Highest Rated and 2nd Most Watched Original Movie In Network History In a breakout first quarter, Hallmark Movie Channel, now available in 50 million U.S. homes, builds momentum with its third original premiere of 2013, “Our Wild Hearts”, scoring a 1.0 household rating and attracting nearly 1.1 million unduplicated viewers. The Saturday, March 9th original debut replaces the recent premiere of “Goodnight for Justice: Queen of Hearts” as Hallmark Movie Channel’s 2nd highest rated and 2nd most watched original movie in network history among households and total viewers. “Our Wild Hearts” averaged 702,000 total viewers and ranked as the #4 rated ad-supported cable movie of the day. A two-hour original film written by veteran actor, Ricky Schroder and his wife, Andrea Schroder, and starring their daughter, Cambrie Schroder, “Our Wild Hearts” tells the tale of Willow, a strong and independent teenager from Malibu, determined to find the father she’s never known. Willow leaves Malibu for the beautiful Sierra Nevada Mountains in order to search for her father, Jack Thomas, a rugged cowboy who sells wild horses to make ends meet. As Jack and Willow struggle to know one another and understand each other's ways, Willow discovers her first love is a wild, but gifted mustang she names Bravo. The steed’s indomitable spirit helps Willow find a love for spontaneity and adventure with the father she thought she’d never meet. Directed by Ricky Schroder, “Our Wild Hearts” stars Ricky Schroder and Cambrie Schroder.
    [Show full text]
  • Crown Media Holdings Enters Into Agreement for Recapitalization
    March 1, 2010 Crown Media Holdings Enters Into Agreement For Recapitalization STUDIO CITY, Calif.-- Crown Media Holdings, Inc. (NASDAQ: CRWN), owner and operator of Hallmark Channel and Hallmark Movie Channel, today announced that the Company has approved and executed definitive agreements relating to a recapitalization of the Company. On February 9, 2010, the Special Committee of the Board and HCC approved and executed a Recapitalization Term Sheet, representing non-binding terms of recapitalization transactions for the Company. On February 26, 2010, the Company entered into the Master Recapitalization Agreement with Hallmark Cards, H C Crown Corp. ("HCC") and related entities that provides for the recapitalization transactions (the "Recapitalization"). The Recapitalization transactions include, among other things, $315.0 million principal amount of HCC debt being restructured into new debt instruments, $185.0 million principal amount of HCC debt being converted into convertible preferred stock of the Company, Class B Common Stock being converted into Class A Common Stock with Class A Common Stock becoming the only authorized and outstanding common stock of the Company, and the balance of HCC debt, which was approximately $600 million at December 31, 2009, being converted into shares of Class A Common Stock of the Company. Upon execution of the Master Recapitalization Agreement, the automatic termination of the waiver under the existing Amended and Restated Waiver and Standby Purchase Agreement with Hallmark Cards, Incorporated and HCC was extended until August 31, 2010; the waiver defers payment dates on certain HCC debts. "We believe the consummation of the Recapitalization will be a very positive development for the Company and with the significant reduction in our outstanding debt, will help us maintain the operating health of our company," noted Bill Abbott, President and CEO of Crown Media.
    [Show full text]
  • Brad R. Moore Brad Moore Is President - Hallmark Hall of Fame Productions, a Subsidiary of Hallmark Cards, Inc
    Brad R. Moore Brad Moore is President - Hallmark Hall of Fame Productions, a subsidiary of Hallmark Cards, Inc. In this role he is responsible for all aspects of the Hallmark Hall of Fame, the most honored series in U.S. television history. He has led the Hallmark Hall of Fame for 30 years, nearly half of its 62-year existence. Under his leadership the series has produced over 100 feature-length movies and received 31 Emmy awards (5 for “Best Picture”) plus 7 Golden Globe awards, 4 Peabody awards, and numerous other honors. Those films include the single most honored program in U.S. television history and the four movies with the largest audiences on any U.S. television network over the past 25 years. While leading the Hallmark Hall of Fame, Moore has also has also had other responsibilities at Hallmark. He is currently a director of Crown Media Holdings, which operates the Hallmark Channel; he was president of Hallmark Publishing for 2 years; he directed all Hallmark advertising and promotion activities in the U.S. for 15 years; and for 7 years he directed advertising activities for Hallmark subsidiaries in Europe, Asia, and Australia/New Zealand. Moore had previously been a brand manager and group brand manager at Procter & Gamble. Moore received his BA in English magna cum laude from Southern Nazarene University in 1968 and his MBA in marketing and international business from Northwestern University in 1972. In 2009 he received an honorary Doctor of Humane Letters from Southern Nazarene University. A proud Sooner by birth, Moore has been privileged to serve in governance roles for a number of industry, not-for-profit, and church-related organizations.
    [Show full text]
  • BMG Rights Management V. Cox Communications
    BMG Rights Management (US)LLC et al v. Cox Enterprises, Inc. et al Doc. 703 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division __________________________________________ ) BMG RIGHTS MANAGEMENT (US) ) LLC, and ROUND HILL MUSIC LP, ) ) Civil No. 1:14-cv-1611 Plaintiffs, ) ) Hon. Liam O’Grady v. ) ) COX COMMUNICATIONS, INC., and ) COXCOM, LLC, ) ) Defendant s. ) __________________________________________) MEMORANDUM OPINION In this copyright action, the putative owners of more than 1,400 musical composition copyrights seek to hold Cox Communications, Inc. and Cox Com, LLC (collectively, “Cox”) contributorily and vicariously liable for alleged copyright infringement taking place over its high-speed internet service. At the close of extensive discovery, the parties cross-moved for summary judgment. Following oral argument, the Court issued an Order (Dkt. No. 675) granting in part and denying in part Plaintiffs’ Motion for Partial Summary Judgment (Dkt. No. 310) and denying Cox’s Motion for Summary Judgment (Dkt. No. 305) for the reasons stated in this memorandum opinion. I. Background Cox provides high-speed internet service to customers nationwide. Plaintiffs BMG Rights Management (US), LLC (“BMG”) and Round Hill Music LP are the putative owners or administrators of approximately 1,400 musical composition copyrights. Plaintiffs allege users of 1 Dockets.Justia.com Cox internet service employ BitTorrent, a type of peer-to-peer (“P2P”) file sharing, to illegally upload and download music files, thereby violating Plaintiffs’ exclusive rights. A. BitTorrent The innovation of P2P file sharing is that it allows “user’s computers [to] communicate directly with each other,” rather than through a central server.
    [Show full text]
  • Phonographic Performance Company of Australia Limited Control of Music on Hold and Public Performance Rights Schedule 2
    PHONOGRAPHIC PERFORMANCE COMPANY OF AUSTRALIA LIMITED CONTROL OF MUSIC ON HOLD AND PUBLIC PERFORMANCE RIGHTS SCHEDULE 2 001 (SoundExchange) (SME US Latin) Make Money Records (The 10049735 Canada Inc. (The Orchard) 100% (BMG Rights Management (Australia) Orchard) 10049735 Canada Inc. (The Orchard) (SME US Latin) Music VIP Entertainment Inc. Pty Ltd) 10065544 Canada Inc. (The Orchard) 441 (SoundExchange) 2. (The Orchard) (SME US Latin) NRE Inc. (The Orchard) 100m Records (PPL) 777 (PPL) (SME US Latin) Ozner Entertainment Inc (The 100M Records (PPL) 786 (PPL) Orchard) 100mg Music (PPL) 1991 (Defensive Music Ltd) (SME US Latin) Regio Mex Music LLC (The 101 Production Music (101 Music Pty Ltd) 1991 (Lime Blue Music Limited) Orchard) 101 Records (PPL) !Handzup! Network (The Orchard) (SME US Latin) RVMK Records LLC (The Orchard) 104 Records (PPL) !K7 Records (!K7 Music GmbH) (SME US Latin) Up To Date Entertainment (The 10410Records (PPL) !K7 Records (PPL) Orchard) 106 Records (PPL) "12"" Monkeys" (Rights' Up SPRL) (SME US Latin) Vicktory Music Group (The 107 Records (PPL) $Profit Dolla$ Records,LLC. (PPL) Orchard) (SME US Latin) VP Records - New Masters 107 Records (SoundExchange) $treet Monopoly (SoundExchange) (The Orchard) 108 Pics llc. (SoundExchange) (Angel) 2 Publishing Company LCC (SME US Latin) VP Records Corp. (The 1080 Collective (1080 Collective) (SoundExchange) Orchard) (APC) (Apparel Music Classics) (PPL) (SZR) Music (The Orchard) 10am Records (PPL) (APD) (Apparel Music Digital) (PPL) (SZR) Music (PPL) 10Birds (SoundExchange) (APF) (Apparel Music Flash) (PPL) (The) Vinyl Stone (SoundExchange) 10E Records (PPL) (APL) (Apparel Music Ltd) (PPL) **** artistes (PPL) 10Man Productions (PPL) (ASCI) (SoundExchange) *Cutz (SoundExchange) 10T Records (SoundExchange) (Essential) Blay Vision (The Orchard) .DotBleep (SoundExchange) 10th Legion Records (The Orchard) (EV3) Evolution 3 Ent.
    [Show full text]
  • Bmi’S Response to the Department of Justice’S June 5, 2019 Request for Public Comments Concerning the Bmi and Ascap Consent Decrees
    BMI’S RESPONSE TO THE DEPARTMENT OF JUSTICE’S JUNE 5, 2019 REQUEST FOR PUBLIC COMMENTS CONCERNING THE BMI AND ASCAP CONSENT DECREES August 9, 2019 Scott A. Edelman Stu Rosen Fiona A. Schaeffer John Coletta Atara Miller BROADCAST MUSIC, INC. MILBANK LLP 7 World Trade Center 55 Hudson Yards 250 Greenwich Street New York, NY 10001-2163 New York, NY 10007-0030 (212) 530-5000 (212) 220-3000 Broadcast Music, Inc. (“BMI”) submits these public comments in response to the request of the Antitrust Division of the Department of Justice (the “DOJ”) pursuant to its review of the consent decree in United States v. BMI, Civ. No. 64-Civ-3787 (the “Decree”). The DOJ initiated this public comment period as part of its ongoing initiative to review legacy antitrust judgments. BMI believes that the Decree has become an impediment to innovation and should be substantially modified, and ultimately terminated, to remove unnecessary restrictions that do not further a legitimate public interest and constrain BMI’s ability to best serve songwriters, composers, music publishers and music users. The Decree reflects an outdated model of antitrust enforcement by regulation. It imposes an inflexible contract structure and a judicial rate-setting process that are unresponsive to market needs, impede BMI (and other music industry participants) from adapting to changes in the marketplace, stifle innovation, and are unnecessary to preserve competition. Ending the perpetual regulation of BMI and the American Society of Composers, Authors, and Publishers (“ASCAP”) (and by extension, large swaths of the music industry) is long overdue. The music licensing marketplace and the modern antitrust framework for assessing competition in that marketplace are virtually unrecognizable from those that existed when the BMI and ASCAP consent decrees were initially entered in 1941.
    [Show full text]
  • NOW That's What I Call Party Anthems – Label Copy CD1 01. Justin Bieber
    NOW That’s What I Call Party Anthems – Label Copy CD1 01. Justin Bieber - What Do You Mean? (Justin Bieber/Jason Boyd/Mason Levy) Published by Bieber Time Publishing/Universal Music (ASCAP)/Poo BZ Inc./BMG Publishing (ASCAP)//Mason Levy Productions/Artist Publishing Group West (ASCAP). Produced by MdL & Justin Bieber. 2015 Def Jam Recordings, a division of UMG Recordings, Inc. Licensed from Universal Music Licensing Division. 02. Mark Ronson feat. Bruno Mars - Uptown Funk (Mark Ronson/Jeff Bhasker/Bruno Mars/Philip Lawrence/Devon Gallaspy/Nicholaus Williams/Lonnie Simmons/Ronnie Wilson/Charles Wilson/Rudolph Taylor/Robert Wilson) Published by Imagem CV/Songs of Zelig (BMI)/Way Above Music/Sony ATV Songs LLC (BMI)/Mars Force Songs LLC (ASCAP)/ZZR Music LLC (ASCAP)/Sony/ATV Ballad/TIG7 Publishing (BMI)/TrinLanta Publishing (BMI)/ Sony ATV Songs LLC (BMI)/ Songs Of Zelig (BMI)/ Songs of Universal, Inc (BMI)/Tragic Magic (BMI)/ BMG Rights Management (ASCAP) adm. by Universal Music Publishing/BMG Rights Management (U.S.) LLC/Universal Music Corp/New Songs Administration Limited/Minder Music. Produced by Mark Ronson, Jeff Bhasker & Bruno Mars. 2014 Mark Ronson under exclusive licence to Sony Music Entertainment UK Limited. Licensed courtesy of Sony Music Entertainment UK Limited. 03. OMI - Cheerleader (Felix Jaehn Remix radio edit) (Omar Pasley/Clifton Dillon/Mark Bradford/Sly Dunbar/Ryan Robert Dillon) Published by Ultra International Music Publishing/Coco Plum Music Publishing. Produced by Clifton "Specialist" Dillon & Omar 'OMI" Pasley. 2014 Ultra Records, LLC under exclusive license to Columbia Records, a Division of Sony Music Entertainment. Licensed courtesy of Sony Music Entertainment UK Limited.
    [Show full text]