Viacom Warns of Profit Shortfall, to Pay CEO's Legal Fees--3rd Update
June 17 2016 - 5:18PM
Dow Jones News
By Austen Hufford
Viacom Inc. on Friday said profits for the current quarter could
fall more than 25% short of expectations because of the
disappointing performance of the latest "Teenage Mutant Ninja
Turtles" movie and a delayed video-on-demand agreement, caused in
part by the company's recent management dispute.
The reduced outlook comes as Viacom separately said Friday that
it would pay the legal expenses of Chief Executive Philippe Dauman
and board member George Abrams in a lawsuit filed against the trust
controlling most of its shares, as the public battle with media
mogul Sumner Redstone continues.
Viacom, which owns Paramount Pictures and cable channels like
MTV and Comedy Central, said it now expects per-share earnings
between $1 and $1.05 for the quarter ending June 30, well below the
average analyst estimate of $1.38, according to Thomson
Reuters.
Viacom also expects domestic ad sales to be about 4% lower in
the quarter for a year before.
The latest "Teenage Mutant Ninja Turtles" movie underperformed
domestically, Viacom said. The movie garnered an estimated $35.3
million in its debut in the U.S. and Canada, while the first movie
opened to $65.6 million.
Viacom said it had expected to sign a "significant"
video-on-demand agreement in the quarter, but the "public
governance controversy" affected the timing and made coming to an
agreement not possible in the quarter. Further details about the
pact weren't immediately available.
Viacom's Class B shares, down 33% over the past year before
Friday, fell 1.4% to $44.42 in 4 p.m. ET trading in New York.
Last month, Mr. Redstone removed Messrs. Dauman and Abrams from
the board of National Amusements Inc., the holding company through
which Mr. Redstone controls Viacom, and the seven-member trust that
will oversee his controlling stakes in Viacom and CBS Corp. when he
dies or is incapacitated.
Messrs. Dauman and Abrams filed suit last month in a
Massachusetts court to challenge their dismissals, arguing that
Viacom Vice Chairman Shari Redstone, daughter of Sumner Redstone,
is engineering the changes by taking advantage of her father, and
that Mr. Redstone doesn't have the mental competency to carry out
the changes.
Friday, Viacom said it agreed to cover the costs of the lawsuit
against National Amusements, including attorney's fees, witness
fees and public relations costs. Under the agreements, Messrs.
Dauman and Abrams would have to repay Viacom if either is found to
have acted in breach of his fiduciary duties or in a manner not in
the best interest of Viacom.
National Amusements responded by criticizing the company for
using corporate resources to mount a campaign against its
controlling shareholder, Mr. Redstone, especially after announcing
a profit shortfall.
"The need for strong, independent oversight of Viacom could not
be more apparent," National Amusements said in a prepared
statement.
Viacom said the agreements were approved by a committee of
independent members of the board. On Thursday, National Amusements
Inc. said it was seeking to oust five Viacom independent directors,
including Mr. Dauman and Mr. Abrams. Frederic V. Salerno, Viacom's
lead independent director, immediately filed suit in Delaware to
invalidate the dismissals.
The next phase of the fight will present corporate-governance
questions that legal experts say are rarely considered in the upper
echelons of American business -- with a board and its controlling
shareholder effectively in a legal war.
The suit from Messrs. Dauman and Abrams describes Mr. Redstone
as suffering from a worsening brain disorder and being unable to
write, read, walk or "coherently communicate."
The mogul's doctor put out a statement saying Mr. Redstone was
alert and in no distress during a recent examination, and that he
knows what he's doing. In recent days, Mr. Redstone has met with
top CBS and Paramount Pictures executives, though they came to his
car and details of the meetings weren't available.
Write to Austen Hufford at austen.hufford@wsj.com
(END) Dow Jones Newswires
June 17, 2016 17:03 ET (21:03 GMT)
Copyright (c) 2016 Dow Jones & Company, Inc.
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